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Article • December 15, 2008 • from PLN December, 2008
Helping Ex-Prisoners Find Jobs Has Become Important to the Government, Finally by Derick Limberg Helping Ex-Prisoners Find Jobs Has Become Important to the Government, Finally by Derick Limberg The federal government and some cities are making an effort to help ex-cons receive job training and get hired. Besides tax incentives, …
Article • December 15, 2008 • from PLN December, 2008
Exonerated Florida Man Receives $1.25 Million by Exonerated Florida Man Receives $1.25 Million Florida Gov. Charlie Crist signed an executive order on May 6, 2008, that awards Alan Crotzer $1.25 million for the 24 years he spent in prison for a rape and kidnapping conviction he did not commit. Crotzer …
Article • December 15, 2008 • from PLN December, 2008
Oregon Guards Wrongly Fired Win $1,000,000 by Russell Rice and Larry Lytle, both career employees of the Oregon state Department of Corrections, were fired by Superintendent Frank Thomas of the Santiam Correctional Institute in early 2004. Both had long histories of exemplary performance. But they formally complained that Thomas, who …
Pennsylvania Jail Rebuffs Calls for Independent Review of Abuse Claims by Pennsylvania Jail Rebuffs Calls for Independent Review of Abuse Claims by David M. Reutter Jails and prisons are often located in areas hidden from public view, and as a result often become extremely insular. Those who work within such …
Article • December 15, 2008 • from PLN December, 2008
$290,000 Award for New York Prisoner’s Slip and Fall on Ice by On December 4, 2007, a New York Court of Claims awarded a former prisoner $290,000 for injuries he received when he slipped and fell on ice at a New York state prison. In January 2001, Gene Sullivan was …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Attorneys, Attorney Client
Strip Search Policy E-mails Were Attorney-Client Communications, but Privilege Is Waived by Strip Search Policy E-mails Were Attorney-Client Communications, but Privilege Is Waived The Court of Appeals for the Second Circuit has granted a writ of mandamus, directing a lower court to vacate an order compelling production of communications protected …
Florida Jail Supervisors Investigated in Fraudulent Overtime Scheme by Florida Jail Supervisors Investigated in Fraudulent Overtime Scheme An investigation at Florida’s West Palm Beach County Jail has revealed that top-ranked officials used their positions to obtain fraudulent overtime payments. What started as an internal investigation into a deputy’s complaint has …
Article • December 15, 2008 • from PLN December, 2008
$25,000 Award To South Carolina Prisoner Injured Performing Community Service by $25,000 Award To South Carolina Prisoner Injured Performing Community Service A South Carolina court entered an award of $25,000 to a prisoner who was working community service on a trash truck when his foot was run over by a …
New Hampshire Prisoner’s ADA Claim Survives Summary Judgment by The First Circuit Court of Appeals reversed a New Hampshire federal district court’s summary judgment order that concluded a prisoner had failed to demonstrate prison officials violated his rights under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. …
Article • December 15, 2008 • from PLN December, 2008
Ohio Man Receives $600,000 for Wrongful Imprisonment by During mediation, a settlement of $600,000 was reached between Kenneth Moore and the State of Ohio in a claim of wrongful imprisonment. Moore had sued Ohio for damages incurred in his defense at trial and post-conviction proceedings related to the criminal charges, …
Article • December 15, 2008 • from PLN December, 2008
Filed under: News, Federal Legislation
Native American Reservations in Dire Need of Better Jails, Get Money to Build More by Native American Reservations in Dire Need of Better Jails, Get Money to Build More In August 2008, the Bureau of Indian Affairs (BIA) closed its jail in Pine Ridge, South Dakota due to deteriorating conditions, …
Article • December 15, 2008 • from PLN December, 2008
South Dakota Guard Liable for Prisoner’s Electrocution Death by The Eighth Circuit Court of Appeals has held that a prison work crew guard was not entitled to qualified immunity in an Eighth Amendment suit alleging he failed to protect a prisoner from death by electrocution due to a downed power …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Civil Procedure, Complaints
Seventh Circuit: Delayed Medical Care Because Doctor Attended New Year’s Party Constitutes Deliberate Indifference by The Seventh Circuit U.S. Court of Appeals has upheld a prisoner’s Eighth Amendment complaint of deliberate indifference to his serious medical condition when he alleged that the prison doctor called to treat his injuries chose …
Article • December 15, 2008 • from PLN December, 2008
Legal Financial Obligation Deductions Imposed on All Washington Prisoners by In a 5-4 ruling, the Supreme Court for the State of Washington has held that the Washington Department of Corrections (WDOC) has authority to collect court-ordered legal financial obligations (LFOs) from all prisoners, regardless of sentence, from non-work related income. …
Article • December 15, 2008 • from PLN December, 2008
Massachusetts DOC Ordered to Provide Vegan Meals to Buddhist Prisoner by Massachusetts DOC Ordered to Provide Vegan Meals to Buddhist Prisoner On June 11, 2008, following a non-jury trial in an action brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA), a U.S. District Court directed the Commissioner …
Article • December 15, 2008 • from PLN December, 2008
Tenth Circuit: Procedural Defense to Federal Prisoner’s ETS Suit Fails on Inadequate Grievance Record-Keeping by John Dannenberg Tenth Circuit: Procedural Defense to Federal Prisoner’s ETS Suit Fails on Inadequate Grievance Record-Keeping by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals reversed a summary judgment order in a federal …
EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds by EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds The Equal Access to Justice Act (EAJA) authorized prevailing parties to obtain reimbursement of fees expended on paralegal services …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Money/Property, Restitution
Ninth Circuit: Statutory Increase in Restitution Payment Rate Does Not Violate Plea Agreement and is Not Ex Post Facto by Ninth Circuit: Statutory Increase in Restitution Payment Rate Does Not Violate Plea Agreement and is Not Ex Post Facto The Ninth Circuit Court of Appeals, in a California state prisoner’s …
New York Sex Offenders’ Settlement Agreement Superseded by New Registration Law by New York Sex Offenders’ Settlement Agreement Superseded by New Registration Law The Second Circuit U.S. Court of Appeals dealt a blow to sex offenders in New York state when it ruled that despite an earlier suit and settlement …
Article • December 15, 2008 • from PLN December, 2008
Tenth Circuit Follows Jones v. Bock, Reverses Full-Exhaustion Predicate in § 1983 Cases by John Dannenberg by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals realigned its jurisprudence to comport with the U.S. Supreme Court ruling in Jones v. Bock, 127 S.Ct. 910 (2007) [see: PLN, May 2007, …
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