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Megan’s Law Preempts Local New Jersey Sex Offender Ordinances

Article • October 15, 2009 • from PLN October, 2009

Filed under: Discrimination, Sex Offender Residence

Megan’s Law Preempts Local New Jersey Sex Offender Ordinances by The New Jersey Supreme Court affirmed a lower court’s order that invalidated two townships’ ordinances restricting where registered sex offenders could live. The March 24, 2009 ruling held that the statewide Megan’s Law takes precedence over local statutes that impose …

“Habeas Hints”

Article • October 15, 2009 • from PLN October, 2009

Filed under: Confrontation, DNA Testing/Samples, Sentencing, Habeas Corpus

“Habeas Hints” by Kent A. Russell by Kent Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on habeas corpus under AEDPA, the 1996 habeas corpus law which now governs …

Perpetrators and Enablers of Torture in the US

Article • October 15, 2009 • from PLN October, 2009

Filed under: Gang Policies, Racial Discrimination, Informants, International Law, Mental Health

Perpetrators and Enablers of Torture in the US by Corey Weinstein by Corey Weinstein, MD, CCHP During the past 25 years I’ve spent a lot of time with survivors of torture, men and women enduring long term solitary confinement in California’s prisons. They are the most urgent victims of US …

Maine Prison in Turmoil

Article • October 15, 2009 • from PLN October, 2009

Filed under: DOC/BOP misconduct, Discrimination, Sex Offenders (Discrimination), Failure to Protect (General), Guard Brutality/Beatings, Trust Accounts, Failure to Protect (Wrongful Death)

Maine Prison in Turmoil by Lance Tapley By the time Warden Jeffrey Merrill revealed on June 3 that three Maine State Prison employees had been put on paid leave as a result of a state police investigation of an inmate’s death in April, probes of corruption and other issues at …

Obama Promises Guantanamo Will Close and Torture Will End ... but When?

Article • October 15, 2009 • from PLN October, 2009

Filed under: Freedom of Information Act, Political Prisoners (International), Military, Military Prisons

Obama Promises Guantanamo Will Close and Torture Will End ... but When? by Matthew Clarke by Matt Clarke During last year’s election campaign, President Obama came out forcefully against torture by U.S. officials and in favor of closing the military prison at Guantanamo Bay, Cuba, which holds approximately 230 alleged …

Human Rights Watch Report Calls to Reform PLRA

Article • October 15, 2009 • from PLN October, 2009

Filed under: Reviews, Attorney Fees (PLRA), Consent Decrees (PLRA), Administrative Exhaustion (PLRA), Filing Fees (PLRA), Frivolous Litigation (PLRA), Physical Injury Rule, Injunctions (PLRA), Civil Procedure, Damages

Human Rights Watch Report Calls to Reform PLRA by David Reutter by David M. Reutter “The PLRA has had a devastating effect on the ability of incarcerated persons to protect their health and safety and vindicate other fundmanetal rights,” concludes a June 2009 report titled No Equal Justice: The Prison …

Florida Prison Guards Fired, Suspended for Shocking Children with Stun Guns

Article • October 15, 2009 • from PLN October, 2009

Filed under: Guard Misconduct, Excessive Force, Stun Guns/Tasers

Florida Prison Guards Fired, Suspended for Shocking Children with Stun Guns by David Reutter by David M. Reutter The Florida Department of Corrections (FDOC) has fired three guards, demoted a warden and disciplined other employees following an investigation into dozens of children being shocked with stun guns during “Take Our …

District Court Erred in Sua Sponte Dismissal of Prisoner’s Challenge to Conditions of Confinement

Article • October 15, 2009 • from PLN October, 2009

Filed under: Complaints, Sentencing, Habeas Corpus

District Court Erred in Sua Sponte Dismissal of Prisoner’s Challenge to Conditions of Confinement by The U.S. Court of Appeals for the Second Circuit reversed a district court’s sua sponte dismissal of a prisoner’s challenge to his conditions of confinement. Sala-Thiel Thompson, a federal prisoner, filed a habeas petition under …

Florida Gain Time Law Application Violates Ex Post Facto Clause

Article • October 15, 2009 • from PLN October, 2009

Filed under: Sentencing, Ex Post Facto, Good Time

Florida Gain Time Law Application Violates Ex Post Facto Clause by Florida’s First District Court of Appeal has held that application of a 1983 gain time statute to a prisoner who committed his offense in 1981 violated the ex post facto clause. Before the appellate court was a petition for …

Ninth Circuit: Refusal to Allow Cross-Examination of Lab Technician Violates Due Process

Article • October 15, 2009 • from PLN October, 2009

Filed under: Searches, Drug Testing, Cross Examination, Parole Conditions

Ninth Circuit: Refusal to Allow Cross-Examination of Lab Technician Violates Due Process by Brandon Sample The U.S. Court of Appeals for the Ninth Circuit held it was a violation of due process for a district court to deny a criminal defendant the right to cross-examine a lab technician who tested …

Ohio Jail Officials Face Federal Charges, Investigation

Article • October 15, 2009 • from PLN October, 2009

Filed under: Crime/Demographics, Criminal Prosecution, Prison/Jail Murders, Excessive Force, Guard Brutality/Beatings

Ohio Jail Officials Face Federal Charges, Investigation by Brandon Sample A federal grand jury has returned indictments against two Lucas County, Ohio jail guards in connection with the death of a prisoner. Additionally, Lucas County’s sheriff and another jail employee face charges of lying to investigators. According to the indictment, …

BOP Warden Does Not Have Authority to Reduce Prisoner’s Sentence Under Rule 35(b)

Article • October 15, 2009 • from PLN October, 2009

Filed under: Crime/Demographics, Informants

BOP Warden Does Not Have Authority to Reduce Prisoner’s Sentence Under Rule 35(b) by Brandon Sample A federal Bureau of Prisons (BOP) warden does not have authority to reward a prisoner’s cooperation with prison officials with a reduced sentence under Fed.R.Crim.P. Rule 35(b), the First Circuit held on May 23, …

News in Brief:

Article • October 15, 2009 • from PLN October, 2009

Filed under: News, News in Brief

News in Brief: by Alabama: On July 23, 2009, former prison guard Kenya Morton, 27, was sentenced to a year in jail and 3 years supervised release for promoting contraband. He was caught during a routine search at the Bibb County Correctional Facility with two bags of marijuana and hydrocodone …

Sixth Circuit: Dismissal of Due Process and Equal Protection Claims Upheld; Exhaustion of Administrative Remedies Issue Remanded

Article • October 15, 2009 • from PLN October, 2009

Filed under: Liberty Interests, Administrative Exhaustion (PLRA), Restraints, Sentencing, Good Time

Sixth Circuit: Dismissal of Due Process and Equal Protection Claims Upheld; Exhaustion of Administrative Remedies Issue Remanded by The Sixth Circuit of Appeals has affirmed a district court’s dismissal of a prisoner’s due process and equal protection claims, but reversed the dismissal of Eighth Amendment claims based on failure to …

Obama Administration Accused Again of Concealing Bush-Era Crimes

Article • October 15, 2009

Filed under: Government Misconduct, Attorney Client, Freedom of Information Act, Terrorism, Telephones, Attorney Calls, Telephone Monitoring

Obama Administration Accused Again of Concealing Bush-Era Crimes by Matt Renner Monday 12 October 2009 by: Matt Renner, t r u t h o u t | Report President Obama promised to usher in a new era of government transparency when he was sworn into office nine months ago. On …

Is It Time to Ban Solitary Confinement?

Article • October 15, 2009

Filed under: Mental Health

Is It Time to Ban Solitary Confinement? by Julia Dahl By Julia Dahl (The Crime Report) Some call it torture, some call it proper punishment. But in Maine, long-term solitary confinement may soon be illegal. Last week’s episode of Law & Order: SVU centered around a man who, after assaulting …

$100,000 Settlement in Tort Suit Over Assault by Baltimore Police Officer

Article • October 15, 2009

Filed under: Police, Excessive Force (Police), Police Chases

$100,000 Settlement in Tort Suit Over Assault by Baltimore Police Officer by The City of Baltimore, Maryland, paid $100,000 to settle a tort claim of assault and assault and battery for injuries sustained by teenager Donald Kosh during a foot chase and subsequent arrest. While on patrol on January 27, …

Problems at Washington’s Civil Commitment Center Continue

Article • October 15, 2009 • from PLN October, 2009

Filed under: Guard Misconduct, Sex Offenders (Discrimination), Prison Rebellion, Mental Health, Civil Commitment

Problems at Washington’s Civil Commitment Center Continue by Matthew Clarke by Matt Clarke On July 30, 2008, Paepaega Matautia, Jr., 39, a mail room guard at the Special Commitment Center (SCC) for sex offenders on McNeil Island in Washington state, was arrested on federal charges of attempting to possess and …

Southern California Jails Addicted to ICE Money

Article • October 15, 2009 • from PLN October, 2009

Filed under: International, Immigration

Southern California Jails Addicted to ICE Money by Matthew Clarke by Matt Clarke Faced with budget cuts due to the down economy, jails across Southern California have turned to a new revenue stream – immigration detention. The federal government paid over $55 million to house immigrant detainees in California jails …

CA Prison Medical Care Receiver: Three Top Officials Ousted, Controversial Building Plan Opposed

Article • October 15, 2009 • from PLN October, 2009

Filed under: Misconduct/Corruption, DOC/BOP misconduct, Medical Misconduct, Systemic Medical Neglect, Staffing, Injunctions (PLRA)

CA Prison Medical Care Receiver: Three Top Officials Ousted, Controversial Building Plan Opposed by Matthew Clarke by Matt Clarke On March 12, 2009, J. Clark Kelso, California’s federal court-appointed receiver over prison medical care, demanded the resignations of his chief of staff, John Hagar; Stephen Weston, Hagar’s assistant; and medical …