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Article • March 15, 2003 • from PLN March, 2003
From the Editor by Paul Wright I am pleased to announce that The Celling of America: An Inside Look at the U.S. Prison Industry, PLN's first book which was published in 1998, is now available in Spanish. El Encarcelamiento de America was published last summer in Spain by Editorial Virus, …
Article • March 15, 2003 • from PLN March, 2003
Louisiana Prisoners May Access Savings Funds Exceeding $250 by by Matthew T. Clarke The Supreme Court of Louisiana has held that all state prisoners have a statutory right to transfer savings accounts funds exceeding $250 to their drawing accounts. Walter Burnette, a Louisiana state prisoner serving a 99-year sentence, filed …
California Three-Year Lockdown of "Southern Hispanics" Held Unconstitutional by Marvin Mentor California Three-Year Lockdown of "Southern Hispanics" Held Unconstitutional by Marvin Mentor A Del Monte County, California superior court ruled on December 10, 2002 that a three year lockdown of "Southern Hispanics" at maximum security Pelican Bay State Prison (PBSP) …
Suits Against Individual State Employees Available Under ADA by Suits Against Individual State Employees Available under ADA The U.S. Court of Appeals for the Eighth Circuit reversed two separate district courts and ruled that under Title I of the Americans with Disabilities Act (ADA), state employees can be sued in …
Article • March 15, 2003 • from PLN March, 2003
Iowa Guards Fired for Beating Prisoner by Iowa Guards Fired For Beating Prisoner On July 24, 2002, Sheriff David Armack fired five guards, including a supervisor, at the Woodward County Jail in Sioux City, Iowa, in response to a June 10, 2002, videotaped beating of a prisoner. Stanley Munger, attorney …
Thaddeus-X Standard Retroactive Except for Qualified Immunity Defense by Bob Williams Thaddeus-X Standard Retroactive Except For Qualified Immunity Defense by Bob Williams A federal district court in Michigan has held that the Thaddeus-X standard, rather than the "shocks the conscience" standard, is applicable to claims of guard retaliation for prisoners …
Criminal Guards and Escaping Prisoners in Texas by On July 21, 2002, Lt. Rick McCullough was arrested for assaulting two female guards at the Riverside State Prison for women in the central Texas town of Gatesville. McCullough, 41, a Texas prison guard assigned to the nearby Woodman State Jail for …
Maryland Pays $700,000 to Settle Suit Over Murder Committed by Parolee in Colorado by In May 2002, the State of Maryland agreed to pay $700,000 to a Denver woman whose daughter was murdered by a parolee released from a Maryland prison and sent to a drug treatment center in Colorado. …
Article • March 15, 2003 • from PLN March, 2003
Virginia Law Repeals Phone Rate Ruling by Matthew T. Clarke Effective July 1, 2002, the Virginia legislature has enacted a law specifically designed to undercut a favorable ruling on prison phone rates by the State Corporation Commission (SCC). Robert Lee Jones, a Virginia state prisoner, filed a complaint with the …
Article • March 15, 2003 • from PLN March, 2003
Texas Eliminates Habeas Corpus Following Probation Revocation by The Texas Court of Criminal Appeals (TCCA) has eliminated the habeas corpus exception to the prohibition against attacking the original conviction after revocation of probation. Timothy Lee Jordan, a Texas state prisoner, was convicted of theft and robbery and placed on probation. …
$2.5 Million Verdict in California Medical Neglect Case by Marvin Mentor On May 8, 2002, a California superior court jury awarded $2.5 million in damages for negligent medical care to a severely diabetic state prisoner, who, debilitated from insulin shock, broke his neck in a fall sustained while trying to …
Tribal Funds Exempt from Washington LFO Seizures by In an unpublished order, a federal court in Washington granted a Native American prisoner's motion for summary judgment on the issue of liability of prison officials in seizing monthly tribal per capita allotments from his prison account to satisfy court-ordered legal financial …
Article • March 15, 2003 • from PLN March, 2003
Vehicle Forfeited for Smuggling Drugs into Arizona Prison by The Arizona Court of Appeals upheld the forfeiture of a vehicle involved in smuggling drugs into prison. Arizona prisoner Dennis Day convinced his mother Teruko Simmons, to smuggle three grams of marijuana into the prison for him. Simmons drove her 1996 …
Florida's Private Food Service Demonstrates that Profit Overrides Sanitary Practice by Marvin Mentor by David M. Reutter In July 2001, the Florida Department of Corrections (FDOC) entered into a five-year contract with Philadelphia's cost-conscious Aramark Corporation to feed prisoners at 126 of the 133 prisons in Florida. The contract is …
Article • March 15, 2003 • from PLN March, 2003
Filed under: Sentencing, Habeas Corpus
Habeas Hints: Standard of Review by Kent Russell This column is intended to provide habeas hints for prisoners who are considering or handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs …
Drug Addiction Disability Cannot Be Used to Deny Parole by by John E. Dannenberg The Ninth Circuit US Court of Appeals held that California life prisoners could not be denied parole because of a drug addition disability that fell within the reach of the Americans with Disabilities Act (ADA). Charles …
Article • March 15, 2003 • from PLN March, 2003
California Parole Official Demoted by The vice chairman of the California parole board, Jones Moore, was recently demoted after board Chairwoman Carol Daly received what she termed "an unacceptable number of complaints" about Moore's behavior from numerous attorneys representing prisoners at their parole hearings. In an August 27, 2002, letter …
Article • March 15, 2003 • from PLN March, 2003
Filed under: Medical, HIV/AIDS
Disclosure of Transsexual, HIV+ Status States Eighth Amendment Claim by On the second appeal from a trial court's rejection of a prisoner's Eighth Amendment claims, the U.S. Court of Appeals for the Second Circuit ruled in favor of the prisoner, vacated the trial court's grant of summary judgment for defendants, …
Punitive Damages Are Prospective Relief Under PLRA by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that the PLRA makes punitive damages prospective relief that requires the district court to make a factual finding the award is narrowly drawn to correct the violation of …
Article • March 15, 2003 • from PLN March, 2003
Ohio Prison Officials Cannot Alter Jail-Time Credit Award by The Court of Common Pleas of Marion County, Ohio, has granted release to an Ohio prisoner on habeas corpus after finding that Department of Rehabilitation and Correction (DORC) officials illegally altered a court sentencing entry to "correct" a perceived error in …
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