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$185,000 Settlement For Man Needlessly Beaten By Seattle Police by Seattle resident Maikoiyo Alley Barnes (plaintiff) brought a 42 U.S.C. § 1983 action against Seattle police after being beaten in 2005 for questioning a sergeant's motives to ticket his friend for littering. The suit settled for $185,000. The plaintiff questioned …
Article • February 15, 2009
$250,000 Settlement After LA Sheriff's Bullet Hits Innocent Bystander by The County of Los Angeles (L.A.) proposed a settlement of $250,000 after an innocent bystander was wounded by a ricocheting bullet. An investigation cleared sheriff's deputies of any wrongdoing but litigation was feared to result in a greater loss. L.A. …
Corruption in Orange County, CA Sheriff’s Department Revealed; Sheriff Resigns, Convicted on Criminal Charges by Marvin Mentor Corruption in Orange County, CA Sheriff’s Department Revealed; Sheriff Resigns, Convicted on Criminal Charges by Marvin Mentor Former Orange County, California Sheriff Michael S. Carona and many of his staff at the Theo …
Article • February 15, 2009 • from PLN February, 2009
From the Editor by Paul Wright This is the first issue of PLN published during the Barak Obama presidency. Hopefully we will see change for the better. Even before he took office Obama and Biden were making good on their promises to provide billions of dollars to local police departments …
Second Chance Act Signed Into Law, But Not Yet Funded by Brandon Sample Second Chance Act Signed Into Law, But Not Yet Funded by Brandon Sample On April 9, 2008, President Bush signed the Second Chance Act into law. The Second Chance Act (P.L. 110-199), a bi-partisan effort, was designed …
Private Prison Companies Not Forthcoming About Immigration Detainee Deaths by Private Prison Companies Not Forthcoming About Immigration Detainee Deaths by Matt Clarke The private prison industry has benefited from a recent influx of contracts from the federal government to incarcerate immigration detainees. Such contracts are more lucrative than those for …
Article • February 15, 2009 • from PLN February, 2009
BOP Suspends Use of Ion Spectrometry Drug Detection Devices by Brandon Sample On April 10, 2008, the federal Bureau of Prisons (BOP) discontinued the use of all ion spectrometry drug detection machines, more commonly known as ion scanners. According to a memo from BOP assistant director Joyce K. Conley, “the …
Officials Agree To Cap Population at D.C. Jail by Michael Rigby After decades of fighting lawsuits, skirting court orders, and defying legislative decrees, the District of Columbia Mayor’s Office has finally agreed to a definitive population cap at the notoriously overcrowded and dangerous D.C. Jail. Under the terms of the …
Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 by Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 The U.S. Court of Appeals for the …
Changes in Texas Parole Laws Violate Ex Post Facto Clause by Matthew Clarke by Matt Clarke On March 29, 2007, a federal court ruled that changes in Texas parole laws, practices and procedures violated the federal ex post facto clause when applied retroactively. Barry Michael Wion, a Texas state prisoner, …
Article • February 15, 2009 • from PLN February, 2009
Jose Medellin Executed; Vienna Convention Controversy Lives On by Matthew Clarke Jose Medellin Executed; Vienna Convention Controversy Lives On by Matt Clarke On August 5, 2008 at 9:48 p.m., the State of Texas began the lethal injection that ended the life of Jose E. Medellin. In doing so, it ignored …
Article • February 15, 2009 • from PLN February, 2009
Fifth Circuit: § 1983 Nominal and Punitive Damages Allowed Absent Physical Injury by Fifth Circuit: § 1983 Nominal and Punitive Damages Allowed Absent Physical Injury For the first time in a published opinion, the Fifth Circuit U.S. Court of Appeals has held that a prisoner pursuing a civil rights action …
Department of Justice Report on Prison Rape Elimination Act by Matthew Clarke Department of Justice Report on Prison Rape Elimination Act by Matt Clarke In September 2007, the National Institute of Corrections (NIC) of the U.S. Department of Justice (DOJ) released the annual report for calendar 2006 on DOJ’s implementation …
Article • February 15, 2009 • from PLN February, 2009
Notwithstanding Federal Healthcare Receiver, California Prisoners Can Still Use State Habeas Corpus to Redress Medical Complaints by The California Court of Appeal, Fifth Appellate District, held that even though the California Department of Corrections and Rehabilitation (CDCR) was under the supervision of a court-appointed federal healthcare Receiver, state prisoners nonetheless …
Report Criticizes Conditions in U.S. Immigrant Detention Center in Tacoma, Washington by David Reutter Report Criticizes Conditions in U.S. Immigrant Detention Center in Tacoma, Washington by David M. Reutter Conditions at the federal immigration center in Tacoma, Washington, are substandard and not in compliance with national standards, “much less international …
Article • February 15, 2009 • from PLN February, 2009
Washington DOC Restarts Private Industry Prison Jobs Following State Constitutional Amendment by John Dannenberg Washington DOC Restarts Private Industry Prison Jobs Following State Constitutional Amendment by John E. Dannenberg After eliminating private industry prison work programs in response to a Washington State Supreme Court ruling declaring the underlying statute unconstitutional …
Ohio Settles Actual Innocence Claim For $1,500,000 by Ohio and Ohio prosecuting officials settled a wrongful incarceration lawsuit by agreeing to pay $1,500,000 to a man who was imprisoned for 26 years after his conviction for a robbery and murder he did not commit. Gary James, 55, and his friend …
Alaskan Prisoner in Arizona Can Enforce CCA Contract by The Supreme Court of Alaska held that state prisoners incarcerated at a private prison in Arizona can enforce portions of the contract between the Alaska Department of Corrections (DOC) and Corrections Corporation of America (CCA) that incorporate provisions of Smith v. …
Article • February 15, 2009 • from PLN February, 2009
Supreme Court of Canada: No Wage Loss Compensation While in Prison Caused by Sexual Assault by Staff by Supreme Court of Canada: No Wage Loss Compensation While in Prison Caused by Sexual Assault by Staff On February 8, 2008, the Supreme Court of Canada ruled that a prisoner cannot recover …
Article • February 15, 2009 • from PLN February, 2009
$1.5 Million Settlement in Alabama Probation Officer's Sex Scandal by $1.5 Million Settlement in Alabama Probation Officer's Sex Scandal A $1.5 million dollar settlement has been reached in a lawsuit claiming an Alabama probation officer raped a female probationer and made inappropriate sexual advances towards eleven other female probationers. The …
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