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Teeth Extraction Policy for CA Women Prisoners Rescinded by John Dannenberg Teeth Extraction Policy for CA Women Prisoners Rescinded by John E. Dannenberg As part of a bizarre medical policy, the California Dept. of Corrections and Rehabilitation (CDCR) has for years imposed a rule that requires women prisoners who apply …
Article • August 15, 2008
Filed under: Visiting, Marriage
Denial of Visiting Between Prisoner, Ex Prisoner Upheld by Plaintiff, a member of MOVE, was refused a visit from a female member of MOVE who he said was his wife because she was a former prisoner. The court previously refused defendants summary judgment because other prisoners married to former prisoners …
Article • August 15, 2008
N.Y. Guard's Informing Prisoner's Wife of Another Woman's Visit Ruled Unintentional, Harmless by New York state prisoner Alex Torres filed suit after a prison visitation guard informed his wife that another woman had visited him, resulting in his divorce. The court dismissed his claim, holding that Torres had failed to …
Article • August 15, 2008
Ban on EFUs and Artificial Insemination for CA Lifers Upheld by California denies conjugal visits to persons sentenced to life without parole or to life without a parole date established by the parole board. The plaintiff is serving so much time that no parole date appears likely. The court declines …
Article • August 15, 2008
San Diego Sheriff’s Employee Terminated for Marrying A Felon by San Diego (California) ex sheriff's department employee Arleshia Graham appealed mandamus denial by the Civil Service Commission (CSC) challenging her 2005 termination for marrying a felon. Her termination was affirmed. A long time employee and recently promoted processing supervisor, Graham …
Article • May 15, 2008
Virginia Policy Prohibiting Staff From Marrying Prisoners Upheld by The plaintiff prison guard married a convicted felon, the father of her child, and resigned under pressure in light of the prison system's anti-fraternization policy. (The man was convicted and incarcerated after he fathered the child but before they got married.) …
Article • April 15, 2008
Turner v. Safley: High Drama, Enduring Precedent by David Hudson Turner v. Safley: high drama, enduring precedent By David L. Hudson Jr. First Amendment scholar 05.01.08 When one thinks of famous litigants or important First Amendment decisions, the name Leonard Safley and the case Turner v. Safley do not immediately …
Article • December 15, 2007 • from PLN December, 2007
California’s Mother-Child Alternative Prison Centers Investigated by California's Mother-Child Alternative Prison Centers Investigated by John E. Dannenberg California has five alternative prison centers housing 140 women with their children as the mothers serve prison terms for non-violent crimes. Contracted out to Center Point, Inc. of San Rafael, CA, the five …
Article • December 15, 2007
Pregnant Woman’s Ingestion of Cocaine Not Delivery to Her Baby in Texas by Pregnant Woman's Ingestion of Cocaine Not Delivery to Her Baby in Texas by Matthew T. Clarke On February 14, 2007, the Texas Court of Criminal Appeals (CCA) held that a pregnant woman who ingested cocaine did not …
Article • October 15, 2007 • from PLN October, 2007
Mere Possibility of Parole Insufficient to Prevent Texas Prisoners’ Parental Rights Termination by Matthew Clarke The Texas Supreme Court held that the mere possibility of parole within the two-year imprisonment requirement of § 161.001(1)(Q), Texas Family Code, was insufficient to prevent termination of a prisoner's parental rights. William Keith M. …
Article • September 15, 2007 • from PLN September, 2007
Chains of Love by Siobhan O'Connor by Siobhan O?Connor Nearly half a million women are married to men in prison. Maintaining these relationships involves a constant struggle with an often unsupportive penal system, despite growing evidence that a healthy marriage is one of the best tools for rehabilitation. Welcome to …
Article • September 15, 2007 • from PLN September, 2007
Texas Court of Appeals Reverses Termination of Prisoner’s Parental Rights by Matthew Clarke Texas Court of Appeals Reverses Termination of Prisoner's Parental Rights by Matthew T. Clarke A Texas court of appeals held that when terminating a prisoner's parental rights the two-year period of incarceration used to justify the termination …
Ninth Circuit: Prisoner is Protected by Legal Privilege but Not Marriage Privilege When Writing His Lawyer-Wife by A California state prisoner who was being tried in United States District Court for federal conspiracy, racketeering and murder offenses committed from state prison, and whose wife was his lawyer, was permitted to …
Article • May 15, 2007
Filed under: Family, Family Law
Oregon: Imprisonment Warrants Suspension of Child Support Payments by The Court of Appeals of Oregon held that a prisoner's child support payments should be suspended until 60 days after his release from prison. Cecil Edmonds, an Oregon state prisoner, filed a motion to modify the child support provision of his …
Article • May 15, 2007
New Mexico: No Due Process Violation in Hearing by Phone by The Court of Appeals of New Mexico held that due process obligations in a parental rights termination hearing were met by allowing the child's father to participate by telephone; that the trial court was not obligated to make further …
Article • May 15, 2007
Injunctive Relief Granted For Pregnant NJ Jail Prisoners by Prisoners in the Monmouth County Correctional Institution, a New Jersey county jail, filed a class action suit on behalf of pregnant female prisoners alleging that they were being denied "essential" health care. The prisoners alleged, in particular, that the women were …
Article • May 15, 2007
Child Visitation Permitted; Receipt of Non Publisher Publications Banned by The California Court of Appeals held the "publishers only" rule for receiving publications did not violate pre-trial detainees' freedom of expression or rights to equal protection. However, the prevention of minor children visits is unconstitutional. Three pre-trial detainees filed a …
Article • May 15, 2007
Washington Juvenile Dependency Records Not Subject To Disclosure Under PDA by The Washington Department of Social and Health Services (DSHS) filed a dependency action in state court regarding Shanon Deer's children The DSHS refused Deer's request for certain dependency records, so Deer filed an action to compel their disclosure under …
Article • May 15, 2007
No Due Process Violation For Termination Of Incarcerated Father's Parental Rights by No Due Process Violation For Termination Of Incarcerated Father's Parental Rights The Tennessee Court of Appeals upheld the termination of a Federal prisoner's Parental rights as not violating due process. The father's rights were terminated by the trial …
Article • May 15, 2007
WI Mother's Incarceration Not Enough to Terminate Her Parental Rights by Jodie W., a Wisconsin state prisoner, was incarcerated in July of 2002 for drunk driving. Her earliest possible release date was in March of 2006. She left her two-year-old son Max with her mother who soon contacted social services …
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