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Article • December 15, 2009
$15,000 Settlement for Amputated Finger by On February 2, 2007, Anthony Jose Gonzales accepted a $15,000 settlement from Sacramento County, California for the loss of his right-middle finger, which was amputated due to infection while he was being held in the County's Main Jail for drug possession. The settlement was …
Article • December 15, 2009
$32,527 Settlement for Woman Sexually Abused by Work Release Guard by California’s Sacramento County had paid $32,527 to Shantel Franklin, who filed a lawsuit for the sexually abusive acts of Sacramento County Sheriff’s Deputy James Perkins. Franklin began serving the part of her sentence that required her to work in …
$58,333 Settlement for Transgendered Woman’s Sacramento Jail Assault and Sexual Harassment by California’s County of Sacramento has paid $58,333.33 to settle the lawsuit of Richardo Medina-Tejada, who claimed that as a post-operative transgender male-to-female pretrial detainee at the Sacramento County Jail, she was placed in housing with male prisoners who …
$125,000 Paid For Illegal Colonoscopy to Search for Drugs by On July 18, 2009, a New York State parolee, Tunde Clement, agreed to a $125,000 settlement in a lawsuit he filed in 2007 against Albany County, New York and Albany Medical Center Hospital. Clement's attorney, John F. Queenan, claimed his …
Abu Ghraib Abuses Not Covered by Insurance Policy by The Fourth Circuit Court of Appeals has affirmed a Virginia federal district court’s order that held an insurance policy obtained by a company who was sued for detainee torture in Iraq has no duty to defend the company because the events …
Alabama Guards Get Qualified Immunity for Failing to Prevent Rape of 11-Year-Old Prisoner by The Eleventh Circuit Court of Appeal has held that guards are entitled to qualified immunity on federal claims, but not to Alabama state-agent immunity on state-law claims, in a lawsuit involving the rape of an eleven-year-old …
California Pretrial Detainees Who Are Mentally Incompetent to Stand Trial Responsible for Treatment Costs by California’s Fifth District Court of Appeals has held “there is no equal-protection violation in the legislative determination that estates of individuals committed to state hospitals pursuant to Penal Code section 1368 as pretrial detainees may …
Article • December 15, 2009
California Prisoner Granted Habeas Relief After Parole Denial by On July 16, 2009, a U.S. Magistrate Judge filed his report and recommendation on a petition for writ of habeas corpus brought by California prisoner, Maria Nestle. The petition challenged the decision of the California Board of Parole Hearings (Board) finding …
Article • December 15, 2009
Imprisoning Rights: The Failure of Negotiated Governance in the Prison Inmate Grievance Process by Van Swearingen by Van Swearingen* Introduction Prisons are not meant to be particularly hospitable places; punishment as a goal of imprisonment implies a certain level of discomfort. Since the establishment of punishment by incarceration, prison conditions …
Arizona Jail’s Medical Failures Due to Inadequate Record Keeping, Understaffing by Matthew Clarke by Matt Clarke Medical care for approximately 10,000 prisoners in the Maricopa County jail system is an abject failure. That may explain why the Arizona county, which is the fourth largest in the nation, has had to …
Article • December 15, 2009 • from PLN December, 2009
HABEAS HINTS – CALIFORNIA COMMENT Pace and Bonner: Avoiding and Fighting “Untimeliness” Rulings Under California Law by Kent A. Russell by Kent Russell Recently, the interplay of two decisions, one from the U.S. Supreme Court and one from the Ninth Circuit, has created a potential minefield for California habeas corpus …
GPS Used to Track Sex Offenders in Washington State by Matthew Clarke by Matt Clarke Like firefighters and airline pilots, the ten Washington Department of Corrections community correction officers (CCOs) assigned to monitor high-risk sex offenders in King County via Global Positioning System (GPS) hope for a really boring day …
Secret Red Cross Report Reveals Medical Personnel Collusion in CIA Torture by Matthew Clarke by Matt Clarke A leaked confidential report issued by the International Committee of the Red Cross (ICRC) in February 2007, concerning the treatment of fourteen “high value detainees” in CIA custody, revealed torture and collusion by …
Florida Law Enforcement Officials on the Wrong Side of the Law by David Reutter by David M. Reutter “We’re a law-respecting, law-abiding community. ... We teach our children to respect and look up to men and women who wear badges, and that’s the way it oughta be,” said Florida state …
Article • December 15, 2009 • from PLN December, 2009
Increasing Number of Prisoners Obtain Access to Email by Brandon Sample Federal and state prisons across the country are slowly beginning to offer email access to prisoners in addition to traditional postal mail service – in some cases limited to receiving email messages, and in others allowing prisoners to send …
LULAC Returns CCA Donation by Matthew Clarke by Matt Clarke As the League of United Latin American Citizens (LULAC) prepared for a June 20, 2009 protest in Williamson County, Texas outside the T. Don Hutto Family Residential Facility, a secure immigration detention center run by Corrections Corporation of America (CCA), …
Article • December 15, 2009 • from PLN December, 2009
Rape Victim and Family of Exonerated Man Who Died in Prison Become Activists by Matthew Clarke by Matt Clarke Tim Cole achieved widespread recognition when he was exonerated 24 years after his arrest for the rape of a university student in Amarillo, Texas. Another man confessed to the crime and …
Pennsylvania Prison Porn Ban Improperly Promulgated, but Not Unconstitutional by The Commonwealth Court of Pennsylvania has held that a state prison rule prohibiting prisoners from receiving or possessing materials containing pornography or nudity was invalid because it was not promulgated as a regulation pursuant to the Commonwealth Documents Law. However, …
Article • December 15, 2009 • from PLN December, 2009
New Jersey DOC Report: Megan’s Law Costly and Ineffective by Matthew Clarke by Matt Clarke In December 2008, the New Jersey Department of Corrections (DOC) submitted a research report on the practical and monetary effects of Megan’s Law to the U.S. Department of Justice. The report concluded that Megan’s Law, …
Electronic Court Records Permissible in Florida, but Restricting Disclosure is Not by Florida’s Supreme Court has implemented rules related to court reporting services and the use of electronic recordings of court proceedings. The rules were promulgated as amendments to the Florida Rules of Judicial Administration and the Florida Rules of …
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