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Article • October 15, 2008 • from PLN October, 2008
Federal Prisoner May Not be Held Indefinitely in Punitive Housing Pending Investigation of Infraction by Federal Prisoner May Not be Held Indefinitely in Punitive Housing Pending Investigation of Infraction The U.S. District Court for the Eastern District of New York has held that a federal prisoner, removed from the general …
Excessive Force Suit Against Illinois Guards Must be Retried, Allowing Evidence of Guards’ Actions by Excessive Force Suit Against Illinois Guards Must be Retried, Allowing Evidence of Guards’ Actions The Seventh Circuit U.S. Court of Appeals held that a prisoner who sued guards for allegedly brutally injuring him during an …
$204,856 in Attorney’s Fees and Costs Awarded in Nebraska Kosher Diet and Muslim Prayer Case by Brandon Sample $204,856 in Attorney’s Fees and Costs Awarded in Nebraska Kosher Diet and Muslim Prayer Case by Brandon Sample On May 5, 2008, Joseph F. Batallion, Chief Judge of the U.S. District Court …
Article • October 15, 2008 • from PLN October, 2008
Bill Introduced to Exempt Wrongfully Convicted from Federal Income Taxes by Bill Introduced to Exempt Wrongfully Convicted from Federal Income Taxes On December 6, 2007, U.S. Senators Charles E. Schumer (D-NY) and Sam Brown (R-KS) introduced a bill to exempt wrongfully convicted former prisoners from having to pay federal income …
Alabama Jail Guard Fired, Convicted, Held Civilly Liable in Prisoner’s Assault by David Reutter Alabama Jail Guard Fired, Convicted, Held Civilly Liable in Prisoner’s Assault by David M. Reutter In a rare conclusion to a guard’s violent attack on a prisoner, a Jefferson County, Alabama jail guard was fired, prosecuted, …
Article • October 15, 2008 • from PLN October, 2008
States Expand Registration Laws to Include Drug Offenses by States Expand Registration Laws to Include Drug Offenses In 2003, Montana began including persons convicted of manufacturing illegal drugs on its sex offender and violent offender Internet registry. Since then, Tennessee, Minnesota, Kansas and Illinois have created online registries for people …
Article • October 15, 2008 • from PLN October, 2008
Montana DOC Employees Disciplined for E-mail Abuse by An internal investigation of e-mail abuse in the Montana Dept. of Corrections (DOC) uncovered what was termed “disgusting” behavior on the part of guards and even high-level prison officials. Seventy-four employees were cited for abusing state computer privileges. Their offenses included e-mailing …
Segregated Massachusetts Nation of Islam Prisoners Entitled to Halal Menu and Jum’ah Prayers; $237,299.25 in Attorney Fees Awarded by The U.S. District Court for Massachusetts granted declaratory relief to two maximum-security Nation of Islam (NOI) prisoners who had sued for a Halal (Muslim religious dietary) menu and participation in daily …
PHS Wins Quadriplegic Prisoner’s Negligence Suit, Jail Settles for $100,000 by PHS Wins Quadriplegic Prisoner’s Negligence Suit, Jail Settles for $100,000 On February 14, 2008, a Florida jury found that Prison Health Services (PHS) was not negligent in misdiagnosing a jail prisoner’s broken neck, which left him a permanent quadriplegic. …
Article • October 15, 2008 • from PLN October, 2008
Federal Prisoner in State Jail Custody Illegally Denied State Court Name Change Petition by Federal Prisoner in State Jail Custody Illegally Denied State Court Name Change Petition The California Court of Appeal has reversed the Fresno Superior Court’s denial of a name-change petition filed by a federal prisoner awaiting sentencing …
Article • October 15, 2008 • from PLN October, 2008
U.N. Committee Against Torture: Tasering is a “Form of Torture” by Matthew Clarke by Matt Clarke On November 23, 2007, the United Nations Committee Against Torture (CAT) concluded that using the Taser X-26 electric stun gun is a “form of torture” that “can even provoke death.” CAT is charged with …
Article • October 15, 2008 • from PLN October, 2008
71-Year-Old Veteran Paid $185,000 for Rough California Jail Booking Treatment by An elderly veteran, while being booked into the Santa Clara County, California jail in December 2005 for failure to appear at a civil trial, struggled with deputies during the fingerprinting process and was subdued with violent force. He claimed …
Monetary Sanctions Permitted for Milwaukee Jail’s Violation of Consent Decree by David Reutter Monetary Sanctions Permitted for Milwaukee Jail’s Violation of Consent Decree by David Reutter Wisconsin’s First District Court of Appeals has held that an intentional contempt finding against the Milwaukee County Jail (MCJ) entitles prisoners who were injured …
Article • October 15, 2008 • from PLN October, 2008
Prior Failure to Register as Sex Offender Does Not Violate Adam Walsh Act by Prior Failure to Register as Sex Offender Does Not Violate Adam Walsh Act On December 5, 2007, the U.S. District Court for the Western District of Missouri granted a motion for judgment of acquittal in a …
Article • October 15, 2008 • from PLN October, 2008
WA Prisoner Properly Denied Access to Savings Account to Hire Lawyer for Parolability Hearing by WA Prisoner Properly Denied Access to Savings Account to Hire Lawyer for Parolability Hearing by Roger Smith Division 2 of the Washington Court of Appeals has upheld a denial by the state Department of Corrections …
Sixth Circuit: $4.5 Million Award Upheld Against Michigan DOC Doctor in Dehydration Death of Mentally Ill Prisoner by John Dannenberg Sixth Circuit: $4.5 Million Award Upheld Against Michigan DOC Doctor in Dehydration Death of Mentally Ill Prisoner by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals upheld a …
Article • October 15, 2008 • from PLN October, 2008
$7,025 Award in Slip and Fall From Ohio Prison Bunk by The Ohio Court of Claims has awarded a former Ohio prisoner $7,025 for injuries related to a slip and fall from a prison bunk. Stacy Rose slipped and fell while climbing down from his bunk at the Chillicothe Correctional …
Failure to Name Defendant in Administrative Appeal Does Not Foreclose Including Him in § 1983 Complaint by The Third Circuit U.S. Court of Appeals ruled that when a defendant in a prisoner’s 42 U.S.C. § 1983 civil rights complaint had participated in the administrative grievance process, but had not been …
Article • October 15, 2008 • from PLN October, 2008
Ten Michigan Lawyers Honored For 8-Year Effort To Win $30 Million Damages For 10 Women Prisoners’ Sexual Abuse By Prison Guards by John Dannenberg by John E. Dannenberg Ten Michigan attorneys were awarded two different awards by two national attorney professional associations. The attorneys received the National Lawyers Guilds’ coveted …
Article • October 15, 2008 • from PLN October, 2008
Georgia Inmate Welfare Fund Consent Decree Terminated Under PLRA by Georgia Inmate Welfare Fund Consent Decree Terminated Under PLRA The Eleventh Circuit Court of Appeals has ordered a Georgia federal district court to terminate a permanent plan for charitable donations from the Inmate Welfare Fund at the Glynn County Detention …
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