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Article • February 15, 2009
Plaintiff Held Mostly Liable After Tort Action Against BOP Backfires by Kentucky resident Carolyn Eichler and others brought a federal tort action in 1997 against the United States after a Bureau of Prisons (BOP) bus collided with their vehicle. Various plaintiffs alleged damages and the court determined that Eichler, the …
Article • February 15, 2009
Why Does Pennsylvania Have the Death Penalty? Still Asking by Robert Zaller Dr. Robert Zaller, Professor of History, Drexel University March 6, my colleague Julia Hall and I moderated a symposium at Drexel's law school to address the question of Pennsylvania's death penalty. It pulled together a distinguished panel from …
Article • February 15, 2009 • from PLN February, 2009
California Sex Offender’s Probation Travel Restrictions Abated by John Dannenberg by John E. Dannenberg Kenneth Smith was convicted of committing a lewd act on his stepdaughter and sentenced to three years in prison, which was suspended in lieu of five years probation. Upon learning that Los Angeles County had a …
Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine by Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine The Sixth Circuit Court of Appeals has held the favorable-termination doctrine does not apply to 42 U.S.C. § 1983 actions brought by prisoners who were foreclosed from challenging their incarceration in a habeas …
Article • February 15, 2009 • from PLN February, 2009
Filed under: Sentencing, Good Time
Washington Classification Reassessment Requires Notice and Hearing by The Washington State Court of Appeals held that reassessment of a prisoner’s risk classification which made him ineligible for a 50 percent sentence reduction, without notice or an opportunity to be heard, violated due process. In 2004, Charles Leon Wheeler pleaded guilty …
Article • February 15, 2009 • from PLN February, 2009
Arbitrator Awards Hawaii Prisoner $7,500 for Injuries Sustained While Working in Kitchen by On March 10, 2008, a Hawaii prisoner was awarded $7,500 through arbitration after being burned by hot coffee. On April 3, 2007, Will Kaaihue received second degree burns down the left side of his body while working …
Article • February 15, 2009 • from PLN February, 2009
Kentucky Jails’ Seizure of Funds for Booking, Room and Board Fees Upheld by Kentucky Jails’ Seizure of Funds for Booking, Room and Board Fees Upheld The Sixth Circuit Court of Appeals has held that the seizure of jail prisoners’ canteen funds for booking and room and board fees does not …
Article • February 15, 2009 • from PLN February, 2009
Pennsylvania Prisoner Appointed Counsel on Retaliation / MRSA Infection Claims by Pennsylvania Prisoner Appointed Counsel on Retaliation / MRSA Infection Claims A Pennsylvania federal district court appointed counsel to a prisoner in a lawsuit claiming he contracted a serious infection and faced retaliation after filing grievances about his medical condition. …
Retroactive Residency Restrictions for Missouri Sex Offenders Unconstitutional by Matthew Clarke by Matt Clarke On May 24, 2007, Cole County, Missouri Circuit Court Judge Patricia S. Joyce ruled that a Missouri statute requiring certain registered sex offenders to move if they lived within 1,000 feet of a school (§ 566.147, …
Article • February 15, 2009 • from PLN February, 2009
Washington Prisoner Suit for “Prevailing Wages” from Private Employer Fails by John Dannenberg Washington Prisoner Suit for “Prevailing Wages” from Private Employer Fails by John E. Dannenberg The Washington state Court of Appeals has affirmed a superior court’s denial of a “prevailing wage” claim filed by state prisoners employed by …
Article • February 15, 2009 • from PLN February, 2009
Filed under: News, News in Brief
News in Brief: by Arizona: On November 20, 2008, Earl Lappe, 32, a prisoner at the Lewis Morey Unit of the state prison in Buckeye was killed, apparently by another prisoner. In October, 2008, Duffy Kilrain, another prisoner at a separate prison, was also murdered. California: On December 22, 2008, …
Article • February 15, 2009 • from PLN February, 2009
South Carolina Jail Pays Prisoners $80,000 for Failure to Prevent/Treat MRSA by $80,000 to South Carolina Jail Prisoners for Failure to Prevent and Treat MRSA South Carolina’s Greenville County has agreed to pay $80,000 to settle 25 prisoners’ lawsuit that claims jail officials failed to take preventive measures to prevent …
Article • February 15, 2009 • from PLN February, 2009
No Prison Guinea Pigs: President Obama Should Act Now To Ensure Prisoners Aren’t Used For Medical Research by Allen M. Hornblum No Prison Guinea Pigs: President Obama Should Act Now To Ensure Prisoners Aren’t Used For Medical Research by Allen M. Hornblum and Jeffrey Ian Ross We keep hearing that …
Article • February 15, 2009 • from PLN February, 2009
Deceased New York Prisoner Wins Barber/Cosmetology Licensing For Ex-Cons by Three years after his death, ex-con Marc LaCloche won his long-fought case to permit ex-cons in New York state the right to gain barber and cosmetology licenses. LaCloche, after an 11-year stint in New York prison, sought to make a …
Seventh Circuit Upholds False Disciplinary Charges; Due Process Violation in Transfer to Supermax Voluntarily Dismissed by The Seventh Circuit Court of Appeals affirmed a district court’s order dismissing a prisoner’s claim that guards violated his due process rights by fabricating a disciplinary charge and then finding him guilty based upon …
Sovereign Immunity Bars RFRA Damages in DC Circuit by The U.S. Court of Appeals for the District of Columbia Circuit has affirmed a district court’s decision that sovereign immunity bars damage claims under the Religious Freedom Restoration Act (RFRA). The court found that RFRA does not provide a clear and …
Muslim Prisoners Cannot be Forced to Handle Pork; Qualified Immunity Denied by The Third Circuit Court of Appeals held that a Muslim prisoner’s complaint that prison officials disciplined him for refusing to handle pork stated a claim under the First Amendment and the Religious Land Use and Institutionalized Persons Act …
Article • February 15, 2009
Three-Judge Federal Court Compels California DOC to Produce Documents by The three-judge federal panel that was convened to consider reducing California’s prison population, so as to remedy constitutionally inadequate medical care and mental health care, has granted a motion to compel filed by the prisoner-plaintiffs. The court compelled the California …
Article • February 15, 2009
Filed under: Sentencing, Bail
Fifth Circuit Overturns Texas Bail Bond Solicitation Restrictions by by Matt Clarke On June 7, 2007, the Fifth Circuit Court of Appeals overturned as violative of the First Amendment a Texas statute that restricted solicitation of bail bond customers. One section of the statute was upheld, related to phone solicitations. …
Article • February 15, 2009
Alabama Prisoner Entitled to Hearing on Full Jail Credit by The Court of Criminal Appeals of Alabama has held that a prisoner is entitled to an evidentiary hearing on his claim that he was not awarded sufficient jail credit. After the Jefferson Circuit Court summarily denied his habeas petition, Alabama …
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