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Article • August 15, 2008 • from PLN August, 2008
Floor-Sleeping at Los Angeles County Jail Ruled Unconstitutional by John Dannenberg by John E. Dannenberg On September 21, 2007, a California U.S. District Court granted summary judgment in favor of a class of prisoners who had been required to sleep on the floor of the Los Angeles County Jail (“Jail”) …
Article • August 15, 2008 • from PLN August, 2008
Eighth Circuit: Iowa Prisoner’s Denial-Of-Court-Access Ruling Reversed by The Eighth Circuit U.S. Court of Appeals reversed a district court § 1983 judgment that had found Iowa’s contract attorney arrangement (in lieu of a law library) had denied an Iowa prisoner’s constitutional right of access to the courts. The court also …
Court Orders Attorney General to Allow Law Students Access to Political Prisoners at Federal Supermax by Brandon Sample On January 17, 2008, U.S. District Judge Wiley Y. Daniel granted a preliminary injunction permitting University of Denver law students access to two prisoners housed at the Bureau of Prisons’ (BOP) Administrative …
Article • August 15, 2008 • from PLN August, 2008
Mentally Ill Woman Sues Over Seg-Cell Sex; County Settles for $40,000 by Twenty-nine-year-old Misha Cooper has a long history of mental illness and criminal offenses. In May 2006, she was confined in the Multnomah County Detention Center (MCDC) in Portland, Oregon. Due to her mental health issues she was placed …
Article • August 15, 2008 • from PLN August, 2008
Filed under: Organizing, Voting
Alabama Felon Disenfranchisement Limited by The Alabama Supreme Court has voided a Jefferson County Circuit Court’s order that prohibited the state from disenfranchising former prisoners until every felony involving the element of moral turpitude had been catalogued by the state legislature. The ruling resulted from an appeal filed by the …
Article • August 15, 2008 • from PLN August, 2008
Three Suicide Suits At Sacramento, California Jail Settled For $1,000,000 by For a total of $1,000,000, California officials settled the wrongful death lawsuits stemming from three prisoner suicides in the Sacramento County jail. Sacramento County Sheriff John McGuiness averred that the agreement to settle should not be construed as evidence …
Article • August 15, 2008 • from PLN August, 2008
Muslim Virginia Prisoner Entitled to 2,200 Calories During Ramadan by A federal district court has issued a preliminary injunction requiring the Virginia Department of Corrections (VDOC) to provide a Muslim prisoner with “food items containing 2,200 calories” daily during Ramadan, a month-long period of religious fasting. This action was brought …
Article • August 15, 2008 • from PLN August, 2008
Ohio DNA Specimen Law Ruled Not Retroactive by The Ohio Supreme Court held that a state law requiring convicted felons and some misdemeanants to provide DNA specimens could not be applied retroactively to offenders placed on supervised release before the law’s May 2005 effective date. On August 6, 2002, Craig …
Article • August 15, 2008 • from PLN August, 2008
Authorities Listen in on Attorney-Client Calls at Jails in FL, CA and TX by David Reutter by David Reutter & Matt Clarke In December 2007, it was reported that an investigator at Florida’s Charlotte County Jail was caught listening to telephone conversations between a prisoner and his attorney. As a …
Article • August 15, 2008 • from PLN August, 2008
Illinois Man Falsely Arrested in Attempted Child Abduction Awarded $2 Million by A federal jury has awarded over $2 million to a man who was acquitted of attempting to abduct two young girls. In March 2001, a man approached an eight-year-old girl on the front porch of her home in …
Exonerated Montana Prisoner Sues State, Receives $3.5 Million by In January 2008, the state of Montana settled a lawsuit filed by a former prisoner who had been wrongfully convicted of raping a child, paying him $3.5 million. The settlement was the largest amount the state had ever paid for a …
Article • August 15, 2008 • from PLN August, 2008
Court Clerk Fired for Relationship with Prisoner; Bar Complaint Against Federal Prosecutor Exposed Relationship by In August 2007, a deputy clerk at the Ninth Circuit Court of Appeals in San Francisco was fired after an investigation revealed she had a personal relationship with a prisoner who flooded the courts with …
Article • August 15, 2008 • from PLN August, 2008
United Kingdom Creates Foreigner Only Prisons by David Reutter In mid-2007, the United Kingdom (UK) designated two detention facilities to be occupied solely by foreign national prisoners. If the plan is successful, the government intends to expand the practice beyond the Bullwood Hall and Canterbury prisons. The move comes as …
Article • August 15, 2008
Fifth Circuit: Suit Cannot be Dismissed for Following Form’s Instructions; Allegations of Retroactive Negative Changes in Texas Parole Law States Claim by by Matthew T. Clarke On December 12, 2006, the Fifth Circuit Court of Appeals held that a prisoner’s lawsuit could not be dismissed for failing to list supporting …
Article • August 15, 2008
Fifth Circuit: Suit Cannot be Dismissed for Following Form’s Instructions; Allegations of Retroactive Negative Changes in Texas Parole Law States Claim by Matthew Clarke by Matthew T. Clarke On December 12, 2006, the Fifth Circuit Court of Appeals held that a prisoner’s lawsuit could not be dismissed for failing to …
Article • August 15, 2008
Factual Allegations Sufficient for Nutritional and Retaliation Claims to Proceed by by Robert Williams Holding that sufficient facts had been alleged, the U.S. Court of Appeals for the Tenth Circuit reversed a lower court’s dismissal of a prisoner’s claim of inadequate nutrition and retaliation for filing grievances. Michael Strope, a …
Failure to Timely Provide Methadone Results in Death, Defeats Summary Judgment by The Seventh Circuit Court of Appeals has reversed an Illinois federal district court’s grant of summary judgment to officials at the Cook County Jail in a civil rights action that alleged inadequate medical assistance resulting in a prisoner’s …
Jury Must Determine Whether Prisoner’s Failure to Exhaust Administrative Remedies was Based on Threats / Retaliation by by David M. Reutter The Seventh Circuit Court of Appeals has held that when there are material facts in dispute about whether prison officials threatened or intimidated a prisoner into not exhausting administrative …
Article • August 15, 2008
Parole Revocation Invalidated Due to Multilayered Hearsay Testimony by A District of Columbia federal district court denied a habeas corpus petition filed by prisoner Charles Singletary, who then appealed. The U.S. Court of Appeals for the District of Columbia held that Singletary’s parole revocation could not be based upon multilayered …
Article • August 15, 2008
Remote Sex Conviction Cannot Support Sex Offender Treatment Condition by The Sixth Circuit Court of Appeals has held that a 17-year-old conviction was too remote in time to warrant a special supervised release condition mandating sex offender treatment, but left open whether a more recent stalking conviction warranted imposition of …
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