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Article • June 15, 2001 • from PLN June, 2001
Wrongfully Convicted Ohio Man Receives $250,000 Award by On January 11, 2001, a Columbus, Ohio man who spent nearly six years in prison for three rapes he did not commit was awarded almost $250,000 in damages by the Ohio Court of Claims. Walter D. Smith, 43, was released from the …
Article • June 15, 2001 • from PLN June, 2001
Ten Percent Prison Commissary Surcharge in New Jersey Upheld by The Superior Court of Appeals of New Jersey has held that the 10% surcharge on purchases from prison commissaries in New Jersey is constitutional. Paul Auge, a New Jersey state prisoner, filed suit in state court challenging the imposition by …
Article • June 15, 2001 • from PLN June, 2001
Arbitrary Denial of Michigan Appeal Bond Enjoined by A federal District Court in Michigan has enjoined prison officials from incarcerating Joseph Puertas for drug convictions. Puertas obtained the preliminary injunction in a habeas corpus action under 28 U.S.C. § 2241 after state courts arbitrarily denied his request to remain free …
Texas Prisoners Have Liberty Interest in Mandatory Supervision by The court of appeals for the Fifth Circuit has held that eligible Texas state prisoners have a liberty interest in release on mandatory supervision. Dobber Graham Malchi, a Texas state prisoner, filed a federal habeas corpus action challenging a prison disciplinary …
Article • June 15, 2001 • from PLN June, 2001
Unlawful Imprisonment Nets Ohio Man $25,000 by In late 2000 ex-Ohio state prisoner Ricky Carter, 44, agreed to accept a $25,000 award to compensate him for being incarcerated over 13 months past his release date. Carter, who was due to be released March 15, 1998, was instead illegally held until …
Article • June 15, 2001 • from PLN June, 2001
Texas Prisoners May Challenge Discretionary Mandatory Release Procedures by The Texas Court of Criminal Appeals has held that Texas prisoners have the right to use a state habeas corpus action under Article 11.07, Texas Code of Criminal Procedure, to challenge the procedures used to deny them mandatory release. David Lee …
Washington DOC Hit with almost $50 Million in Verdicts and Settlements in Parole Victim Suits by Paul Wright In a four-month period between September, 2000 and January, 2001, the Washington Department of Corrections (DOC) was hit with separate jury verdicts for $22.4 and $15 million and settled two additional cases …
Closing Washington's Window of Parole Liability by Paul Wright In addition to almost $50 million in settlements and verdicts assessed against the Washington DOC in recent months, the Washington DOC has paid an additional $20.6 million to settle 25 parole liability cases and pay one jury verdict since 1994. Apparently, …
Article • May 15, 2001 • from PLN May, 2001
From the Editor by Paul Wright Welcome to PLN's 132nd consecutive issue. May 2001, marks PLN's eleventh anniversary. In that time period PLN has grown from a 10 page, hand typed, photocopied newsletter to its current magazine format and size. As reported in last month's editorial, things at PLN have …
Eight Prisoner Deaths in California Women's Prison by Silja JA Talvi Eight Prisoner Deaths In California Women's Prison Revive Concerns About Medical Care, Availibility Of Compassionate Release by Silja J.A. Talvi The deaths of eight female prisoners within a seven-week period at a California women's prison have sparked a new …
Article • May 15, 2001 • from PLN May, 2001
Software Glitch Frees Washington Probationers by A computer error at the Washington state Department of Corrections prematurely released about 70 people from criminal supervision or restitution payments. People convicted of crimes such as robbery, drug possession and assault were suddenly freed from supervision on April 21, 2000, said DOC spokesman …
Two Louisiana Death Row Prisoners Freed by Three days after Christmas, 2000, Michael Ray Graham walked off death row at the Louisiana State Penitentiary at Angola. He was wearing a prison issue denim jacket and carried all of his worldly possessions in two manila envelopes tucked under one arm. After …
Peaceful Protest at Mount Olive Prison by Gary Hunter Limits on personal property sparked a peaceful protest by prisoners at Mount Olive Correctional facility in Fayette County, West VA. On October 2nd over a fourth of the 867 residents gathered on the recreation yard with 16 demands for warden Howard …
Article • May 15, 2001 • from PLN May, 2001
Prisoner Bound by Jailhouse Lawyer's Work by by Paul Wright Afederal district court in Texas has held that a prisoner who relies on other prisoners to prepare his legal pleadings is bound by the content of those pleadings. Nhan Kiem Tran is a federal prisoner in Texas who was convicted …
Article • May 15, 2001 • from PLN May, 2001
The Prisoner's Guide to Survival: A Comprehensive Legal Assistance Manual for PostConviction Relief and Prisoners' Civil Rights Actions by Sam Rutherford By L. Powell Belanger PSI Publishing, Inc. (745 Pages) Reviewed by Sam Rutherford The Prisoner's Guide to Survival is a new legal research tool that covers all aspects of …
Washington DOC Settles Sex Harassment Suit for $250,000 by WA DOC Settles Sex Harassment Suit for $250,000 In December 2000, the Washington Department of Corrections paid $250,000 to settle a sexual harassment lawsuit brought by a former community corrections officer who says she was fired after complaining to superiors about …
Article • May 15, 2001 • from PLN May, 2001
US Supreme Court Allows BOP Limit on Early Release Statute by Roger Smith The U.S. Supreme Court has upheld 28 C.F.R. § 550.58(a)(1) (vi)(B) (Regulation), a federal Bureau Of Prisons (BOP) regulation modifying 18 U.S.C. § 3621(e)(2)(B) (Statute). The Statute provides that federal prisoners with nonviolent convictions may receive up …
Article • April 15, 2001 • from PLN April, 2001
News in Brief: by CA: On January 16, 2001, Michael Bowers, 37, rammed a tractor-trailer into the state capitol where it burst into flames. Only Bowers was killed in the incident. An exconvict with numerous trips through local prisons and jails, Bowers had a history of mental illness. CA: On …
Article • April 15, 2001 • from PLN April, 2001
Ohio Parole Hearing Officer Acquitted in Bribe Case by After a three-day trial, a jury acquitted an Ohio parole-hearing officer of charges that he sold early parole releases to prisoners. On Nov. 9, 2000, as Lorain Co. Common Pleas Judge Lynett M. McGough read the verdict, parole hearing officer Harold …
Mystery Surrounds Texas Prison Rape/Suicide by A prisoner at the French Robertson Unit near Abilene, TX, hanged himself August 16, 2000, shortly after sexually assaulting a female prison employee, prison authorities say. A few minutes after 4:00 p.m., the female recreational staff (whose name and age were not released) confronted …
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