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Second Circuit Holds Vienna Convention Does Not Confer Individual Rights On Foreign Nationals by On April 24, 2008, the Second Circuit affirmed a New York district court's decision to dismiss a $1 million complaint filed by a Dominican foreign national, Ricardo A. De Los Santos Mora. The complaint stems from …
Summary Judgment Denied For Arkansas Officials Accused of Excessive Force and Deliberate Indifference by Harry Barnes, U.S. District Judge, has denied summary judgment to a group of Arkansas officials accused of using excessive force and exhibiting deliberate indifference toward serious medical needs in the arrest of an individual. Harry Hill, …
Summary Judgment Denied To United States In FTCA Suit Alleging Sexual Assault By BOP Staff Member by U.S. District Judge Petrese B. Tucker has denied summary judgment to the United States in a Federal Tort Claims Act (FTCA) suit alleging sexual assault by a former BOP staff member. Kimberley Yates, …
Tenth Circuit Reverses Dismissal of Suit for Failure to Prove Exhaustion of Administrative Remedies by On February 5, 2008, the U.S. Court of Appeals for the Tenth Circuit reversed the dismissal of a suit against Corrections Corporation of America (CCA) for failure to prove exhaustion of administrative remedies. Wesley Purkey, …
Article • May 15, 2009
Terminal Incarceration by The short, sad lives of some detainees facing relatively minor charges end in jail. Here are three such cases. By Rob Jordan As she laid her head on her big sister's chest and listened to the heartbeats slow, Harolyn Frazier thought of opportunities lost. In the wake …
Article • May 15, 2009
Texas Court of Appeals: No Relief Compelling Court to Rule Absent Evidence Motion Was Brought to Court's Attention by On June 5, 2008, a Texas court of appeals held that a prisoner was not entitled to mandamus relief compelling a trial court to rule on a motion because he failed …
Tobacco Companies Cannot Be Sued Under Section 1983; NJSFA Does Not Create Private Cause of Action by A New Jersey federal court dismissed a state prisoner’s suit against several tobacco companies for injuries from second-hand smoke inhalation. New Jersey prisoner James Hemphill sued Philip Morris USA, R.J. Reynolds Tobacco Co., …
Article • May 15, 2009 • from PLN May, 2009
Filed under: Medical, Medication, Hepatitis
Study Shows Treating HCV in Prisons with Pegylated Interferon Is Cost-Effective by Matthew Clarke Study Shows Treating HCV in Prisons with Pegylated Interferon Is Cost-Effective by Matt Clarke A new study published in the November 2008 issue of the medical journal Hepatology found that treating hepatitis C-infected prisoners with the …
Article • May 15, 2009 • from PLN May, 2009
Washington DOC Agrees to Pay $850,000 to Family of Victim Killed by Drunk Driver Under Community Supervision by On April 16, 2008, the Washington Department of Corrections (DOC) settled a lawsuit brought by the family of a woman killed by a drunk driver under DOC community supervision for $850,000. Charles …
Criminal Defense Attorney Helps “Sting” His Own Clients by Jimmy Franks On January 23, 2009, Chevaliee Robinson was sentenced to 15 years by a U.S. District Court in Ohio after pleading guilty to drug conspiracy and money laundering charges. Robinson’s arrest was one of 30 made by federal agents in …
Private Prison Company Cleans Up Texas Creek, Finally Gets Prisoners by Matthew Clarke by Matt Clarke In July 2008, Louisiana-based private prison company LCS Corrections Services agreed to remove junked cars, appliances and other debris inhibiting the flow of Petronila Creek, which runs close to LCS’s newly-built 1,100-bed Coastal Bend …
Article • May 15, 2009 • from PLN May, 2009
U.S. Military Uses Small Wooden Boxes for Segregation Cells of Iraqi Prisoners by U.S. Military Uses Small Wooden Boxes for Segregation Cells of Iraqi Prisoners The U.S. military has taken the meaning of segregation back to the most draconian periods in human history. The military’s answer to dealing with violent …
Article • May 15, 2009 • from PLN May, 2009
Oregon Jail Oversight Committee Disbanded After Sheriff Resigns by Oregon Jail Oversight Committee Disbanded After Sheriff Resigns In 2006, the Multnomah County Board of Commissioners in Portland, Oregon responded to a scathing prosecutor’s report about dangerous and costly conditions in the county’s jails by creating a special advisory committee. [See: …
Article • May 15, 2009 • from PLN May, 2009
Prisoners Used for 2008 Voter Registration, Election Campaigning by Last year, prisoners participating in a work release program were hired by Choices Group, a contractor, to register voters in Nevada. Residents of the Casa Grande Transitional Housing Facility in Las Vegas were used to canvass neighborhoods and sign up voters …
Article • May 15, 2009 • from PLN May, 2009
Double Standard of Punishment for Supervisors, Line Staff in Colorado DOC by Gary Hunter Double Standard of Punishment for Supervisors, Line Staff in Colorado DOC by Gary Hunter Records show that supervisors who break the rules at the Colorado Department of Corrections (CDOC) are punished less severely, if at all, …
Ex-Convict Demoted After Mismanaging Reentry Program by Before his release in 2003, Ronald L. Cuie had served almost three years in Pennsylvania prisons for aggravated assault, robbery and criminal conspiracy. However, it was his successful work under two previous Philadelphia mayors that convinced Mayor Mike Nutter to appoint him over …
Article • May 15, 2009 • from PLN May, 2009
Mock Prison Disaster Program Discontinued; Mock Prison Riot Training Remains by Gary Hunter Mock Prison Disaster Program Discontinued; Mock Prison Riot Training Remains by Gary Hunter Practicing for prison riots has been big business in Moundsville, West Virginia for years. The West Virginia State Penitentiary in Moundsville gained notoriety in …
Los Angeles County Pays $850,000 for Police Misconduct Death and $595,000 in Jail Medical-Related Death by Los Angeles County Pays $850,000 for Police Misconduct Death and $595,000 in Jail Medical-Related Death Los Angeles County settled two lawsuits in July 2008 for a total of $1,445,000. Of that amount, $850,000 went …
Article • May 15, 2009 • from PLN May, 2009
Ninth Circuit: “Supervised Release” is Not “Imprisonment” by The Ninth Circuit U.S. Court of Appeals has held that with respect to 18 U.S.C. § 3624(e), being on supervised release in a state community pre-release center did not toll a state prisoner’s concurrent federal supervised release. Since the plaintiff had therefore …
Article • May 15, 2009 • from PLN May, 2009
California Prisoner-Pay Deductions for Aiding Crime Victims Distributed to Victim Organizations by California Prisoner-Pay Deductions for Aiding Crime Victims Distributed to Victim Organizations In December 2008, the California Department of Corrections and Rehabilitation’s (CDCR) Prison Industry Authority distributed $131,343 collected from prisoner workers’ pay to twelve crime victims organizations. The …
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