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Article • January 15, 2009 • from PLN January, 2009
Michigan Escape is Not “Violent Felony” for ACCA Purposes by The Sixth Circuit Court of Appeals has held that a Michigan “failure to report” escape conviction was not a “violent felony” under 18 U.S.C. § 924, the Armed Career Criminals Act (ACCA). Anthony Collier was arrested by federal agents in …
$7 Million in Settlements in Colorado Jail Prisoner’s Death from Medical Negligence by David Reutter $7 Million in Settlements in Colorado Jail Prisoner’s Death from Medical Negligence by David M. Reutter The Denver Health Medical Center has settled a claim of negligent care for $4 million after releasing a prisoner …
Jail Nurse Guilty of Forging Doctor’s Order; Forged Orders Common Jail Practice by Mark Wilson Jail Nurse Guilty of Forging Doctor’s Order; Forged Orders Common Jail Practice by Mark Wilson On August 28, 2008, a Multnomah County, Oregon jury convicted a former jail nurse of forging a drug prescription for …
Article • January 15, 2009 • from PLN January, 2009
Ohio Jail Guard’s Excessive Force Conviction Affirmed by The Sixth Circuit Court of Appeals has affirmed a former jail guard’s criminal convictions for using excessive force on three prisoners. Michael J. Budd, once second-in-command of the Mahoning County, Ohio Sheriff’s Department, was charged in a four-count indictment with subjecting prisoners …
$1,100,000 Settlement in Juvenile Prisoner Suicide in Union County, New Jersey by $1,100,000 Settlement in Juvenile Prisoner Suicide in Union County, New Jersey On November 15, 2007, Union County settled a lawsuit over the suicide death of a juvenile prisoner at the 42-year-old Union County Juvenile Detention Center (JDC) in …
Federal Prisoner Eligible For Community Placement Despite BOP Regulations by Bob Williams By: Bob Williams The United States Court of Appeals for the Tenth Circuit has invalidated Bureau of Prisons (BOP) community placement regulations as inconsistent with congressional intent. Florence (Colorado) Federal Correctional Institution Warden, Ron Wiley, appealed a 2006 …
Former New Hampshire Deputy Forced Non Compensated Labor On Prisoners by Bob Williams By: Bob Williams Portsmouth, New Hampshire former deputy sheriff Matthew Ejma received 200 hours of community service and a $2,500 fine after using Portsmouth Jail work release prisoners for his personal gain. The prisoners were never compensated …
Article • January 15, 2009
Illinois Prisoner Awarded Attorney Fees After Egregious DOC Records Denial by Bob Williams By: Bob Williams Illinois State prisoner William Callinan appealed a court denial for the award of attorney fees and costs after successfully litigating against records denial and excessive copying fees by the State Department of Corrections (DOC) …
Michigan Municipal Policy Creates § 1983 Liability Without Constitutional Violation By Agents by Bob Williams By: Bob Williams Michigan's Grand Traverse County (County) motioned for judgment as a matter of law in 2006 after a jury verdict of guilty regarding a deliberate indifference suit filed by former jail prisoner Amy …
Article • January 15, 2009
New Jersey State Audit Reports DOC Life Skills Program Contractually Noncompliant by Bob Williams By Bob Williams The New Jersey State Legislature Auditor's Office conducted an investigation into contractual expenditures, policies and provisional compliance of the Department of Correction’s (DOC) Life Skills Academy (LSA) program. The 2006 report reflected the …
Article • January 15, 2009
Pennsylvania Prisoners Remain On Death Row After Death Sentences Vacated by Bob Williams By: Bob Williams Pennsylvania State death row prisoners appealed the dismissal of their 2005 § 1983 and mandamus complaint regarding restrictive confinement and the medical conditions it caused. Their death sentences were either vacated or overturned but …
Prisoner's Action Dismissed For Non Exhaustion; Remanded To Ascertain Officials' Interference by Bob Williams By: Bob Williams Leavenworth (Kansas) federal pro se prisoner Jose Aquilar-Avellaveda appealed the dismissal of his Bivens complaint against prison officials for legal material confiscation and disposal, restrictive segregation and sleep deprivation. The dismissal for non-exhaustion …
§ 1983 & Bivens Procedural Defaults Under § 1915 Must State Specificity For Dismissal by Bob Williams By: Bob Williams District of Columbia (Washington) prisoners Michael and Charles Thompson individually motioned for leave to proceed in forma pauperis (IFP) to appeal their 42 U.S.C. § 1983 dismissals. The government argued …
Article • January 15, 2009
ACLU Says Federal Death Penalty Prosecutions Racially Biased by Bob Williams By: Bob Williams The American Civil Liberties Union (ACLU) alleged that racial disparities exist surrounding the implementation of the federal death penalty (FDP). They claim that United States Attorney Generals (AG) Reno, Ashcroft and Gonzales seek the FDP for …
Article • January 15, 2009
Ohio Reformatory Liable For Loss Of Prisoner's Property by Bob Williams Ohio State prisoner Harmony Love sought recovery of the value of personal items lost by the Ohio Reformatory for Women (ORW). The court awarded Love $511.62 and assessed court costs against the ORW. Love was incarcerated in the ORW …
Article • January 15, 2009 • from PLN January, 2009
Filed under: Telephones, Telephone Rates
Georgia Sheriff Must Give Revenue from Prisoner Phone Calls to County by David Reutter Georgia Sheriff Must Give Revenue from Prisoner Phone Calls to County by David M. Reutter The Georgia Court of Appeals has held that a sheriff must turn over to the county all revenue from a profit-sharing …
Violence at Oklahoma Prisons Leaves Two Dead, Twenty-Five Injured by Matthew Clarke by Matt Clarke On May 19, 2008, at approximately 12:30 p.m., a fight broke out between Native American and black prisoners at the Oklahoma State Reformatory (OSR) in Granite. When the skirmish ended five minutes later, two prisoners …
Article • January 15, 2009 • from PLN January, 2009
Filed under: News, News in Brief
News in Brief: by Arkansas: On July 24, 2008, Joshua Albright, a prisoner in the Johnson county jail, was being transported to the Oklahoma Department of Corrections to serve a 40 year sentence for armed robbery. Deputies stopped at the Johnson county jail so Albright could use the bathroom and …
Sixth Circuit Now Permits § 1983 Complaint to Proceed Even If Prisoner Did Not Initially Plead Exhaustion Below by Sixth Circuit Now Permits § 1983 Complaint to Proceed Even If Prisoner Did Not Initially Plead Exhaustion Below The Sixth Circuit U.S. Court of Appeals has vacated its precedent which held …
$12,000,000 Awarded To family of Victim Allegedly Murdered by Convicted Felon by A California jury has awarded $12,000,000 to the family of a woman allegedly murdered by an apartment complex maintenance man who was a convicted felon. The plaintiff’s 30-year-old daughter was reported missing on August 17, 2004. Several weeks …
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