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Eleventh Circuit Unpublished Decision on PLRA Administrative Exhaustion Requirements Trumped by Published Ruling by In an unpublished ruling, the Eleventh Circuit Court of Appeals held that summary judgment, rather than a motion to dismiss, was the proper procedure to determine whether a prisoner had exhausted administrative remedies under the Prison …
Article • August 15, 2009 • from PLN August, 2009
Denial of Bedding, Clothes to Florida Prisoner States Claim by Florida’s First District Court of Appeal held that a prisoner’s civil rights complaint alleging that a guard denied him blankets, bed sheets and clean clothing for four-and-a-half months, causing illness and injury, stated a claim that was sufficient to withstand …
Article • August 15, 2009 • from PLN August, 2009
Filed under: News, News in Brief
News in Brief: by Alabama: On May 25, 2009, Ashton Mink, 22, and Joshua Southwick, 26, escaped from the Perry County Corrections Center in Uniontown. The facility is owned and operated by LCS Corrections Services. The prisoners escaped when Ashton’s sister, Angela Mink, 25, and Jacquelin Mink, 25, his wife, …
Article • August 15, 2009 • from PLN August, 2009
Alabama Raises Rates Charged for Prisoner Labor by In October 2007, the Alabama Department of Corrections (DOC) began charging other government entities for prisoner labor, such as work crews that pick up highway trash. With the start of the next fiscal year on October 1, 2009, the DOC will raise …
Article • August 15, 2009 • from PLN August, 2009
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 …
Oregon Prosecutes Teen to Avoid Liability; Bizarre 2 1/2 Year Legal Battle Ends by Mark Wilson Oregon Prosecutes Teen to Avoid Liability; Bizarre 2 ½ Year Legal Battle Ends by Mark Wilson Seventeen year old David Simmons and his fourteen year old girlfriend began a sexual relationship which continued after …
Florida’s Private Prisons Still Lack Meaningful Oversight by David Reutter by David M. Reutter Florida’s Office of Program Policy Analysis and Government Accountability (OPPAGA) has issued a report that finds that oversight of the state’s private prisons has strengthened under the Department of Management Services (DMS) but significant weakness still …
15 Guards Charged with Assaulting Maryland Prisoners by David Reutter by David M. Reutter The Maryland Attorney General’s Office has charged 15 former prison guards with assaulting prisoners. The charges come nearly a year after the guards were fired from the North Branch Correctional Institution and Roxbury Correctional Institution; another …
Article • August 15, 2009 • from PLN August, 2009
Motions to Oust California Prison System’s Federal Healthcare Receiver Denied by John Dannenberg by John E. Dannenberg On March 24, 2009, motions by the California Department of Corrections and Rehabilitation (CDCR) to terminate the Receivership now operating the state’s prison healthcare system under a longstanding federal lawsuit were denied by …
Article • August 15, 2009 • from PLN August, 2009
Filed under: Crime, News, State Legislation
Oregon’s Criminal Justice Economic Recovery Plan: Keep Digging! by Mark Wilson Like every other state, Oregon has been hit hard by the worst economic crisis in recent American history. Yet standing in an ever-deepening fiscal crater, prosecutors and victims’ rights groups keep handing out shovels and Oregonians stubbornly refuse to …
Indiana Lifelong Violent Offender Registration Preliminary Injunction Upheld in Part by On December 29, 2008, an Indiana Court of Appeals upheld a superior court’s preliminary injunction against lifelong registration for violent offenders. A July 1, 2007 Indiana statute added people who had been convicted of certain violent crimes to the …
$1,423,127 in Attorney Fees Awarded in Taser Suit; Damages Reduced by A California federal district court has awarded $1,423,127 in attorney fees in the first lawsuit to result in a verdict against TASER International for failing to warn purchasers its electronic control devices pose a risk of acidosis, to a …
Article • August 15, 2009 • from PLN August, 2009
Report Concludes Hispanics Receiving a Greater Share of Federal Sentences by David Reutter by David M. Reutter Hispanics are comprising a higher percentage of federal sentences, concludes a February 2009 report issued by the Pew Hispanic Center. The rise is attributed to a heightened focus on immigration enforcement. The findings …
Article • August 15, 2009 • from PLN August, 2009
Report Recommends Lawmakers Reinstate College Programs in Prison by David Reutter by David M. Reutter Citing the benefits of college prison programs, a report by the Correctional Association of New York recommended several policy changes to increase and recognize participation in degree-awarding programs. The report says the principal benefits of …
Article • August 15, 2009 • from PLN August, 2009
Improper Classification that Resulted in Seattle Jail Beating Settles for $37,500 by Washington State’s King County Jail settled a claim that a prisoner was beaten severely by another prisoner due to improper classification for $37,500. While at the Jail on August 2, 2003, Ian Kennedy Lennox was beaten by Carlos …
Reopened Abu Ghraib Prison Haunted by its Past by by Matt Clarke On February 21, 2009, Iraqi officials reopened the most infamous icon of human rights abuses under two different governments – the Abu Ghraib prison. Located near western Baghdad on 113 hectares of land, the immense prison complex now …
Article • August 15, 2009 • from PLN August, 2009
Study Shows Few Texas Prisoners Transition Well to Community HIV Treatment by by Matt Clarke On February 25, 2009, the Journal of the American Medical Association (JAMA) published an article which reported what percentage of Texas prisoners who were receiving Anti-Retroviral Therapy (ART) for HIV while in prison accessed ART …
Article • August 15, 2009 • from PLN August, 2009
Highest Criminal Appeals Judge in Texas Faces Removal Hearing by by Matt Clarke On February 19, 2009, the Texas Commission on Judicial Conduct charged Sharon “Killer” Keller, Chief Justice of the Texas Court of Criminal Appeals, the highest court in Texas over criminal matters, with five disciplinary charges – including …
Article • August 15, 2009 • from PLN August, 2009
Audit Report Finds Michigan Prisoner Transportation System Wasteful by David Reutter by David M. Reutter Michigan’s Auditor General has issued a report that criticizes the Michigan Department of Corrections (MDOC) prison transport system as inefficient and wasteful of taxpayer money. The report notes that MDOC has failed to implement recommendations …
Seventh Circuit Reverses Dismissal of Suit Alleging Excessive Force, Retaliation and Inadequate Medical Care; Settles for $15,000 by The U.S. Court of Appeals for the Seventh Circuit reversed the dismissal of a lawsuit against Cook County Jail (CCJ) officials in Chicago, Illinois that alleged excessive force, retaliation and inadequate medical …
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