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Article • August 15, 2008
Felony Conviction Prevents Public Records Request by Tennessee Prisoner; Reversed by Tenn. Supreme Court Ruling by Tennessee state prisoner Stewart Pait appealed the dismissal of his action to compel the City of Gatlinburg and its Police Chief (defendants) to produce records concerning his criminal conviction. Only certain documents were produced, …
Article • August 15, 2008
State Carries Burden of Justifying Nondisclosure of Documents Requested by Tenn. Felons by Tennessee state prisoner Jerry Cammuse appealed a court ruling denying his 1997 pro se request for documents pursuant to the state’s Public Records Act (PRA), Tenn. Code Ann. § 10 7 503(a). The trial court ruled that …
Article • August 15, 2008
Tennessee DA Ordered to Produce Requested Documents to Prisoner Absent Statutory Exemption by Tennessee state prisoner Raymond Rutter appealed the 2003 dismissal of his action to compel District Attorney H. Greeley Wells, Jr. (DA), to produce documents he had requested pursuant to the state’s Public Records Act, Tenn. Code Ann. …
Article • August 15, 2008
BOP Employees on Active Military Leave Not Entitled to Statutorily Mandated Benefits by Federal Bureau of Prisons (BOP) employee Mathew Tully appealed a Merit Systems Protection Board (Board) decision denying him holiday pay while he was on active military leave from the BOP. The decision was affirmed. While Tully served …
Article • August 15, 2008
California Doesn’t Require Parole Board to Disclose Letters from Those Interested in Parole Applications by Fred Runyan, a private citizen, sued the California Parole Board (Board) in state court under Cal. Code § 1032, to compel disclosure of letters written voluntarily to the Board regarding parole applications. The trial court …
Article • August 15, 2008
New York Prisoner Required to Participate in Drug Treatment Despite His Conviction Being for Murder by New York state prisoner Javier Gomez appealed the 2005 dismissal of his pro se complaint to enjoin the Department of Correctional Services (DOCS) from requiring his participation in a drug treatment program. His required …
Article • August 15, 2008
Indiana Bank Not Liable for BOP Restrictions Placed on Federal Prisoner's Account by Indiana federal prisoner John Burnside appealed a summary judgment dismissal in favor of Old National Bank (ONB) in his complaint for contractual and fiduciary breaches under Indiana law. Burnside alleged that ONB did not honor his request …
Article • August 15, 2008
New York Prisoner's Crime and Sentence Prevents Family Reunion Program Participation by New York state prisoner Steve Williamson appealed the 2006 dismissal of his pro se action against the Department of Correctional Services (DOCS) for denying him participation in the Family Reunion Program (program). The state appellate court affirmed the …
Article • August 15, 2008
Massachusetts Family Awarded $600,000 for Police Harassment and City's Negligence by A Massachusetts family (the Kennedy's) brought a federal civil rights action against Billerica police in 2004 for harassment that began in 1991. A jury awarded the family $600,000. Policeman Frank Mackenzie answered a domestic dispute call at the family's …
Article • August 15, 2008
Filed under: Sentencing
Washington PSIR Statements Absent Counsel Used in Appeal Warrant New Trial by Washington State prisoner Darrell Everybodytalksabout (petitioner) challenged the appellate affirmation of his murder convictions. He alleged Fifth and Sixth Amendment violations when Department of Corrections pre-sentence investigator Diane Navicky used statements made by him, absent the presence of …
Article • August 15, 2008
Illinois Police Brutality Suit Settles for $180,000 by The City of Waukegan (Illinois) settled a civil rights action against police for $180,000 after the 2005 macing and beating of concerned citizen Rogelio Rios Castillo. Castillo verbally tried to prevent police from excessively beating an arrestee in front of his home. …
Article • August 15, 2008
Filed under: Sentencing, Parole
Parole Denied After 33 Years Based on California Prisoner's Original Crimes by California Corrections Secretary James Tilton appealed a Superior Court’s reversal of parole denial to state prisoner Paul Hyde. He argued that Hyde's violent robbery and murders in 1972 and 1973 constituted "some evidence" to support the denial of …
Article • August 15, 2008
AEDPA One Year Time Limitation Applies to Denial of Parole Habeas Petition by The Eleventh Circuit Court of Appeals has held that the one-year time limitation set by the Anti-Terrorism and Effective Death Penalty Act (AEDPA) applies to challenges to a parole board’s denial of parole. The appellate court’s ruling …
Article • August 15, 2008
AEDPA One Year Time Limitation Applies to Denial of Parole Habeas Petition by The Eleventh Circuit Court of Appeals has held that the one-year time limitation set by the Anti-Terrorism and Effective Death Penalty Act (AEDPA) applies to challenges to a parole board’s denial of parole. The appellate court’s ruling …
Alabama Prisoner’s Estate Loses Product Liability Suit by Louis Horn, an Alabama state prisoner, was killed by three other prisoners who picked his cell door lock and beat him to death. His estate filed a product liability case in state court against Southern Steel Co., the firm that made the …
Oregon DOC Food Manager Takes Over $1 Million in Bribes, Feeds Prisoners “Distressed” Food by Mark Wilson During a 2002 interview, Oregon Department of Corrections (ODOC) Food Services Administrator Farhad “Fred” Monem, 49, shook his head in disgust as he criticized government employees who feel a sense of entitlement. “People …
Article • August 15, 2008 • from PLN August, 2008
From the Editor by Paul Wright One of the little noted facts and realities of the massive explosion of mass imprisonment, and the corresponding increase in money spent on prisons and jails, is the inherent corruption that accompanies it. This month’s cover story on the Oregon DOC’s corrupt food manager, …
Article • August 15, 2008 • from PLN August, 2008
Los Angeles County Pays $40,000 Damages to Assaulted Prisoner Informant Witness by The County of Los Angeles, California paid $40,000 to a prisoner who was badly beaten in the county jail upon returning from court, by friends of the defendant he had just testified against in a murder trial. In …
Article • August 15, 2008 • from PLN August, 2008
C O R R E C T I O N by Since PLN began publishing in 1990, we have never had to make a retraction based on our own factual mistake. While we’ve run corrections before, they were based on errors in the original news articles or reports that were …
Article • August 15, 2008 • from PLN August, 2008
Deal to Reconsider 1,000 Paroles Scotched When New York Governor Capitulates Over Cop Killer’s Case by John Dannenberg by John E. Dannenberg Faced with a pending federal class action lawsuit brought by New York state prisoners seeking relief from being denied parole based solely on the nature of their crimes, …
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