COA Denied; No Due Process Violation in Repeal of Credits by The U.S. Tenth Circuit Court of Appeals denied a state prisoner a certificate of appealability (COA) on a federal district court's denial of habeas corpus relief under 28 U.S.C. §2241, holding that the prisoner's due process rights were not …
Dispute Over Timely Filing Of § 2255 Motion Requires Evidentiary Hearing by Dispute Over Timely Filing Of § 2255 Motion Requires Evidentiary Hearing The U.S. Eighth Circuit Court of Appeals held that an evidentiary hearing should have been conducted to determine if a prisoner's § 2255 motion had been timely …
Work Privilege Discussed by At 332: Factual information cannot be given "privileged" status merely because an attorney communicated the facts to the client or because the client communicated the facts to the attorney. For example, providing preexisting documents to an attorney does not thereby render the documents protected by the …
Oklahoma Orthodox Jewish Prisoners Win Kosher Diet by John Dannenberg by John E. Dannenberg Three Orthodox Jewish state prisoners won both preliminary and permanent injunctive relief requiring the Oklahoma Department of Corrections (ODOC) to provide them a Kosher diet at no personal cost. Prisoners Dennis Fulbright, Jon Cottriel and Jerry …
Prisoners In 13 States Allowed Work-Access To Social Security Numbers by John Dannenberg by John E. Dannenberg The U.S. Office of the Inspector General (OIG) reported that prisoners in thirteen states had access to Social Security numbers (SSNs) during the course of their prison employment. Following a nationwide survey, the …
Oklahoma Regulation Confiscating Money Order From Other Prisoner’s Family Upheld by Oklahoma Regulation Confiscating Money Order From Other Prisoner's Family Upheld The Tenth Circuit Court of Appeals has upheld an Oklahoma State Penitentiary (OSP) regulation that allows money sent to prisoners by a person on another prisoner's visitation list to …
City Of Tulsa, Oklahoma, Settles Wrongful Imprisonment Claim For $12,250,000 by Michael Rigby The City of Tulsa, Oklahoma, will pay $12.25 million to settle with a man who spent 14 years in prison for a rape he did not commit, according to a settlement agreement filed in the U.S. District …
Oklahoma Requires Exhaustion of Administrative Remedies For Ex-Prisoner Suits by The Oklahoma Legislature has enacted a law that prohibits former prisoners from bringing a civil action unless the prisoner has exhausted all administrative remedies. To PLNs knowledge, this is the first law of its kind. The legislation, which was signed …
$100,000 Settlement For Black Oklahoma Prisoner Beaten By White Prisoners by Creek County, Oklahoma, has paid $100,000 to a black man who was severely beaten by a group of white prisoners in the county jail. Rameses Gibbs, a black man, was arrested on November 22, 2001, on a misdemeanor charge …
PLRA Does Not Apply to Released Prisoner by In remanding for further proceedings, the Tenth Circuit Court of Appeals held that the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA) does not apply to persons not imprisoned when the suit is filed. Before the Tenth Circuit was the …
$1.1 Million FTCA Emotional Distress Award In BOP Suicide Death Upheld, Even Though Murder By Guar by $1.1 Million FTCA Emotional Distress Award In BOP Suicide Death Upheld, Even Though Murder By Guards Suspected by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals upheld a $1.1 million award …
Oklahoma Prisons Suffer Crisis of Violence and Mismanagement by by Matthew T. Clarke 2005 has turned out to be a violent year in Oklahoma prisons. Between January and July, 2005, the prisons in Oklahoma suffered multiple riots, multiple murders of prisoners, and extensive probes of drug running. The stage for …
Escaped Murderer Found Eleven Years Later by Escaped Murderer Found Eleven Years Later Living With Warden's Wife by John E. Dannenberg Tipped off by a viewer of America's Most Wanted, Shelby County, Texas police on April 4, 2005 took into custody Randolph Dial, 60, a murderer who escaped from the …
CCA Finally Loses Contract at Mismanaged Tulsa Jail by by Matthew T. Clarke For years the Sheriff of Tulsa County, Oklahoma, Stanley Glanz, has been telling anyone who would listen that he, not CCA, should be running the county jail. Now, after five years of CCA mismanagement, he may finally …
Another CCA Prison in Oklahoma, Another Riot by by Matthew T. Clarke On March 22, 2005, a riot at a private prison run by Corrections Corporation of America (CCA) near Cushing, Oklahoma resulted in the death of one prisoner and injuries to fifteen others, one of them critically. No guards …
Heck Doesn't Apply to Parole Revocation Incarceration Without Attorney or Hearing by The Tenth Circuit court of appeals has held that a prisoner who claims he was denied an attorney or court hearing for 73 days while awaiting extradition for parole revocation need not show that the revocation had been …
Uprisings at CCA Prisons Reveal Weaknesses in Out-of-State Imprisonment Policies by by Matthew T. Clarke States strapped by tight budgets and pressed by a swell of prisoners are faced with the Hobson's choice of releasing prisoners early to ease overcrowding or building prisons they can ill afford to construct and …
City Settles In Death of Prisoner at CCA-Operated Tulsa Jail by The City of Tulsa, Oklahoma, has agreed to settle its part in a federal lawsuit over the death of a Native American prisoner in the Tulsa Jail. According to the November 7, 2003 settlement, the city will pay the …
Oklahoma Family Buries Wrong Man by An Oklahoma couple got a real shock upon returning home from a family funeral. They received a call from their son, Kevin Wyckoff, whom they believed they had just buried. "Hey Dad," Kevin, 23, said in his call from the Lexington Assessment and Reception …
Oklahoma Man Misidentified as Pedophile Awarded $3.7 Million by Michael Rigby Oklahoma Man Misidentified As Pedophile Awarded $3.7 Million by Michael Rigby A jury has awarded $3.7 million in damages to an Oklahoma man who was falsely labeled a sexual predator after NewsOK.com, a Web site operated jointly by The …
