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Article • October 15, 2002 • from PLN October, 2002
Filed under: Work, Prison Labor
German Economics Minister Comments on U.S. Prison Labor by In February 2002, German economics minister Werner Mueller was questioned by reporters about Germany's unemployment rate, which is over 10%. Many observers believed that Germany's unemployment rate hurt the reelection chances of German chancellor Gerhard Schroeder. Mueller responded that Germany's unemployment …
Article • October 15, 2002 • from PLN October, 2002
Credit for Time Served Required in Idaho Commute to Work Release by The Idaho Court of Appeals has held that a judge does not have discretion to disallow credit for time served when commuting a prison sentence to a work release program. Jason Albertson was sentenced to three years in …
Habeas Hints: Editor's Choice 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 habeas …
Article • October 15, 2002 • from PLN October, 2002
Attorney Fee Award Upheld in Washington Excessive Force Case by The Washington State Supreme Court, sitting En Banc, held that the Superior Court did not abuse its discretion in awarding attorney fees against a police officer on an excessive force claim. This ruling is useful for prisoners bringing federal claims …
Article • October 15, 2002 • from PLN October, 2002
Exoneration of Conviction a Prerequisite to Legal Malpractice Claim in California by The California Supreme Court held that when criminal defendants sue their defense lawyer for legal malpractice, they cannot use the civil proceeding to prove their innocence. Rather, they must first gain either a reversal of their conviction or …
Exhaustion Not Mandatory for Kansas Habeas Petitioners; Retained Counsel at Disciplinary Hearings is Discretionary by The Supreme Court of Kansas held that prisoners are not required to exhaust administrative remedies before petitioning for a writ of habeas corpus. The court also held that neither due process nor regulations of the …
Article • October 15, 2002 • from PLN October, 2002
Washington District Court Grants Preliminary Injunction for Kosher Meals by The United States District Court for the Eastern District of Washington has ordered a preliminary injunction (PI) granting a state prisoner kosher meals in accordance with tenets of Orthodox Judaism. Roland Pitre is a state prisoner at Airway Heights Correctional …
Article • October 15, 2002 • from PLN October, 2002
California Prison Law Libraries Survive by The California Department of Corrections (CDC) stipulated to ending its motion under the Prison Litigation Reform Act (PLRA) [18 USC §3262(b) et seq.] to terminate a 1976 consent decree which mandates prison law libraries in CDC prisons. In August 2002, the Ninth Circuit US …
Article • October 15, 2002 • from PLN October, 2002
Filed under: Guard Misconduct, Juveniles
Guards at New York Juvenile Center Charged with Extortion by Two guards at the Nassau County Juvenile Detention Center in New York were arrested and charged with seconddegree grand larceny. The guards, Bobby Stewart and Sean Bourne, are accused of extorting "protection money" from the parents of boys at Nassau. …
Article • October 15, 2002 • from PLN October, 2002
New York Guards Sentenced in Animal and Prisoner Killings by Lonnie Burton A New York prison guard was given a one-year sentence for crushing five kittens to death. In another New York case, a county jail guard received a three month sentence after being convicted of kicking a mentally ill …
Texas Sex Slave Sues Prison System for Failure to Protect by For more than a year, Roderick Johnson was regularly and brutally raped and sexually abused while confined in a Texas state prison. In April 2002, Johnson filed a lawsuit under 42 U.S.C. §1983 where he complained that prison officials …
Article • October 15, 2002 • from PLN October, 2002
Remand to Determine if TDCJ Grooming Policy Unconstitutional by Remand To Determine If TDCJ Grooming Policy Unconstitutional by Matthew T. Clarke The Fifth Circuit has remanded a case for the district court to hold an evidentiary hearing and determine whether the policy of the Texas Department of Criminal Justice (TDCJ) …
Article • October 15, 2002 • from PLN October, 2002
Connecticut District Court Orders Post-Judgment Monitoring Fees by The United States District Court, District of Connecticut, has awarded the Connecticut Civil Liberties Union Foundation (CCLUF) attorneys' fees in the amount of $67,445.88, and costs in the amount of $1,044. The award arises from on-going, postjudgment monitoring by the CCLUF after …
Article • October 15, 2002 • from PLN October, 2002
Ball Park Franks Fiasco: 21 Dead, $200,000 Fine by Russell Mokhiber by Russell Mokhiber and Robert Weissman Let us now have a moment of silence for the victims of the Ball Park Franks fiasco. Thank you. This is the situation: Bil Mar Foods is a unit of the Chicagobased giant …
Article • October 15, 2002 • from PLN October, 2002
Honolulu Police Officers Indicted in Jail Food Scandal by From January 1995 to September 2000, while prisoners at the Honolulu Police Department were eating peanut butter and jelly sandwiches and prepackaged, reheatable meals, their captors were eating top sirloin and rib eye steaks at taxpayers' expense. Assistant Police Chief Rafael …
Article • October 15, 2002 • from PLN October, 2002
Summary Judgment Denied in Colorado Hepatitis-C Treatment Suit Based on Lack of Internet Access by Bob Williams The Colorado Federal District Court has denied summary judgment for the Colorado Department of Corrections (CDOC) in a suit seeking treatment for a prisoner infected with the hepatitisC virus (HCV). Several prisoner cases …
Brief • October 2, 2002
Harris v. Coweta City, GA, Brave Deposition, 2002 file:///V|/website%20stuff%20to%20post%2011-19-08/briefbank/MBRAVE.txt 1 1 IN THE UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF GEORGIA 3 NEWNAN DIVISION 4 5 VICTOR HARRIS, 6 Plaintiff, 7 vs. 8 COWETA COUNTY, GEORGIA; SHERIFF MICHAEL S. YEAGER; SGT. MARK FENNINGER; CLINTON D. REYNOLDS; AND TIMOTHY C. …
Brief • October 1, 2002
Gilcrist v. Daley, WA, Complaint, Disclosure of Inmate Grievance Actions in Psychological Report, 2002 , '. .. . IN ~BB, SUPBRIoa COURT 01' roR ALVIN L. ~BURSIfO. GILCRIS~, ) ) Plaintiff, va. J DEPARTMBN~ and, Ho. ) ) ) ). ) ) PAUL C. DALEY, In His Official capacity As …
Brief • September 25, 2002
Filed under: Failure to Treat
Foree v. Broward County, FL, Expert Report, Indifference Pregnancy, 2002 Case 0:02-cv-61356-KAM Document 1 Entered on FLSD Docket 09/25/2002 Page 32 of 39 KENNETH KASSIN, M.D. 1600 S. Federal Highway, Suite 611 Pompano Beach, FL. 33062 (954) 941-8100 April 15, 2002 Jemey Nodan Counhouse Tower, Suite 400 44 West Flagler …
Brief • September 25, 2002
Foree v. Broward County Sheriff's Office, FL, Petition for Removal, Deliberate Indifference Pregnancy, 2002 Case 0:02-cv-61356-KAM Document 1 Entered on FLSD Docket 09/25/2002 Page 37 of 39 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION CASE NO.: 02016927 CACE 05 CHARLEEN …
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