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Article • October 15, 2002 • from PLN October, 2002
Ohio Nearly Closes 100 Year Old Asylum/Prison by Gary Hunter In April 2002, state budget cuts threatened to force the closure of Orient Correctional Institution near Columbus Ohio. Orient originally opened as a mental asylum in 1902 and was converted to a prison in 1984. The closing would have relocated …
Georgia Lawmaker Indicted for Aiding Prisoner Transfer by Lonnie Burton On January 8, 2002, a Fulton County, Georgia grand jury indicted state senator Van Streat on four counts of violation of oath of office and one count of making a false statement. Both charges stemmed from Streat's alleged involvement in …
Article • October 15, 2002 • from PLN October, 2002
Filed under: Civil Procedure, Appeals
Oklahoma Rejects Prisoner Mail Box Rule by The Oklahoma State Court of Ap peals held that the "Prisoner Mail Box Rule" is not available to Oklahoma prisoners and that "filing" means when a proper petition is delivered to the proper court. The Tenth Circuit Court of Appeals certified a question …
Article • October 15, 2002 • from PLN October, 2002
Sixth Circuit Upholds Denial of Prison Doctor's Qualified Immunity by The Sixth Circuit Court of Appeals has upheld denial of qualified immunity to a state prison doctor by the Federal District Court in Michigan. Richard LeMarbe is a Michigan state prisoner. In 1996, he was treated for chronic gallbladder problems …
Nominal Damages Not Automatic by The Court of Appeals for the Eleventh Circuit has held that nominal damages are not automatic when a jury renders a verdict for excessive use of force, but fails to award compensatory or punitive damages. Temporary detainee George B. Oliver filed a civil rights action …
Article • October 15, 2002 • from PLN October, 2002
Filed under: News, News in Brief
News in Brief by Alabama: Faced with a state budget crunch that had led the state parole board to discontinue Thursday hearings and to consider laying off staff, in July, 2002, governor Don Siegelman found $438,000 in state and federal money to give the parole board to hire four new …
Article • October 15, 2002 • from PLN October, 2002
Danish Security Firm Buys Out the Wackenhut Corporation by Danish Security Firm Buys Out The Wackenhut Corporation In 1954, former FBI agent George Wackenhut and three FBI buddies formed a private detective firm in Miami. In 1955, the firm moved into the security guard business after winning a contract with …
Article • October 15, 2002 • from PLN October, 2002
CMS Overdoses Five Boston Jail Prisoners by Five prisoners at Boston's Suffolk County jail in Massachusetts were rushed to a nearby hospital after receiving the wrong medication. Jail guards found the five prisoners unconscious on the morning of September 23, 2001, after other prisoners alerted the guards by raising a …
Article • October 15, 2002 • from PLN October, 2002
Filed under: Sentencing, Good Time, Parole
Washington Good Time Depends on When Crime Occurred by A Washington state appeals court held that the amount of good time credits a prisoner received depended on when the underlying crime occurred, in a case where the good time available to prisoners convicted of certain offenses had changed. Washington, like …
Supreme Court: No Punitive Damages Allowed Under RA and ADA by In a unanimous opinion, the United States supreme court held that punitive damages are not allowed under the Rehabilitation Act, (RA), 29 U.S.C. § 794 (a) or the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132. Jeffrey Gorman …
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 …
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