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Heck Doesn't Apply to Parole Revocation Incarceration Without Attorney or Hearing

Article • April 15, 2005 • from PLN April, 2005

Filed under: Appointment of Counsel, Sentencing, Parole, Wrongful Imprisonment

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

Article • January 15, 2005 • from PLN January, 2005

Filed under: Classification, Out of State Transfers, Corrections Corporation of America/CoreCivic, Contractor Misconduct, Guard Misconduct, Prison Rebellion, Escapes

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

Article • January 15, 2005 • from PLN January, 2005

Filed under: Corrections Corporation of America/CoreCivic, Medical, Drug/Alcohol Withdrawal, Municipal Liability, Medical Neglect/Malpractice

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

Article • December 15, 2004 • from PLN December, 2004

Filed under: Misconduct/Corruption, DOC/BOP misconduct

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

Article • July 15, 2004 • from PLN July, 2004

Filed under: Discrimination, Sex Offender Registration, Sex Offenders (Discrimination)

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 …

Oklahoma "Civil Death" Statute Does Not Preclude Prisoner Tort Actions

Article • July 15, 2004 • from PLN July, 2004

Filed under: Court Access

Oklahoma "Civil Death" Statute Does Not Preclude Prisoner Tort Actions by Oklahoma "Civil Death" Statute Does Not Preclude Prisoner Tort Actions The Oklahoma Supreme Court held that a state statute declaring all persons serving a felony sentence to be "civilly dead" does not preclude them from filing a civil action …

CCA Closes Oklahoma Prison, Settles Tax Lawsuit Over Ohio Prison

Article • March 15, 2004 • from PLN March, 2004

Filed under: Corrections Corporation of America/CoreCivic, Financing, Prison Rebellion, Staffing, Money/Property, Tax Law, Telephone Rates

CCA Closes Oklahoma Prison, Settles Tax Lawsuit Over Ohio Prison by Michael Rigby The turbulent economy of the past decade has led many communities across America to foolishly seek prisons as a recession proof industry and rural welfare program for poor whites. But prisons can be a double edged sword, …

Feces Flinging Prisoners Receiving Lengthy Sentences

Article • February 15, 2004 • from PLN February, 2004

Filed under: Criminal Prosecution, Sentencing

Feces Flinging Prisoners Receiving Lengthy Sentences by An emerging trend of sentences reveals that courts are imposing lengthy sentences on prisoners who throw bodily fluids on guards. In recent years, State Legislators have created new felony offenses that heavily penalize anyone who flings bodily fluids on guards. The philosophy behind …

Frivolous Litigator Must Prepay Appellate Filing Fees

Article • January 15, 2004 • from PLN January, 2004

Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation, Appeals

Frivolous Litigator Must Prepay Appellate Filing Fees by Frivolous Litigator Must Prepay Appellate Filing Fees A divided Tenth Circuit U.S. Court of Appeals ruled that a prisoner who had been labeled a "three strikes" frivolous litigator could raise a jurisdictional appellate question, but he could not gain an appellate ruling …

Oklahoma Prisoner/Paupers May Be Required to Pay Partial Filing Fee

Article • November 15, 2003 • from PLN November, 2003

Filed under: Civil Procedure, Filing Fees

Oklahoma Prisoner/Paupers May Be Required to Pay Partial Filing Fee by Oklahoma Prisoner/Paupers May Be Required to Pay Partial Filing Fees The Oklahoma Supreme Court upheld a trial court order directing an indigent prisoner to pay partial filing fees from future prison labor earnings. Eugene Smith, an Oklahoma prisoner, petitioned …

Oklahoma Jail Pays $385,000 Settlement in Baby's Death

Article • November 15, 2003 • from PLN November, 2003

Filed under: OB/GYN, Wrongful Death, Medical Neglect/Malpractice, Mothers in Prison

Oklahoma Jail Pays $385,000 Settlement in Baby's Death by Oklahoma Jail Pays $385,000 Settlement in Baby's Death On December 11, 2002, Oklahoma County, Oklahoma agreed to settle a medical neglect suit by paying $385,000 to Deborah Smith, 31, a former prisoner in the Oklahoma county jail. While imprisoned in the …

CCA Pays $54 Million to IRS and Settles Gender Discrimination Complaint

Article • May 15, 2003 • from PLN May, 2003

Filed under: Corrections Corporation of America/CoreCivic, Financing, Contractor Misconduct, Gender Discrimination -- Women, Money/Property, Tax Law, Employee Litigation

CCA Pays $54 Million to IRS and Settles Gender Discrimination Complaint by On October 28, 2002, Corrections Corp. of America, (CCA) settled its 1997 federal taxes after an audit by the Internal Revenue Service for the sum of $54 million. The IRS challenged the validity of the tax deductions that …

FLSA Inapplicable to Oklahoma Prisoners in Private Prisons

Article • January 15, 2003 • from PLN January, 2003

Filed under: Private Prisons, Cornell Corrections, Prison Labor, Fair Labor Standards Act

FLSA Inapplicable to Oklahoma Prisoners in Private Prisons by An Oklahoma appellate court held that the Fair Labor Standards Act, (FLSA) does not apply to prisoners in private prisons. Michael Washington, a prisoner of the Oklahoma Department of Corrections, (ODOC), was transferred to the Great Plains Correctional Facility, (GPCF), a …

Oklahoma Rejects Prisoner Mail Box Rule

Article • October 15, 2002 • from PLN October, 2002

Filed under: Civil Procedure, Appeals

Oklahoma Rejects Prisoner Mail Box Rule by The Oklahoma State Court of Ap peals held that the "Prisoner Mail Box Rule" is not available to Oklahoma prisoners and that "filing" means when a proper petition is delivered to the proper court. The Tenth Circuit Court of Appeals certified a question …

Oklahoma Jailhouse Informants Settle Failure to Protect Suit for $80,000

Article • August 15, 2002 • from PLN August, 2002

Filed under: Injury -- Misc., Conditions of Confinement, Failure to Protect (General), Premises Liability, Informants (Failure to Protect)

Oklahoma Jailhouse Informants Settle Failure to Protect Suit for $80,000 by Federal prisoners Curtis Sherfield and Hugh Grayson, who were being held at the Oklahoma County jail on federal drug charges, were given a total of $80,000 in December 2001 to settle their lawsuit against the county after they were …

Two Federal Courts Grant Injunction for HCV Treatment

Article • June 15, 2002 • from PLN June, 2002

Filed under: Medical, Medication, Pain, Transplants, Hepatitis, Preliminary Injunctions/TRO's

Two Federal Courts Grant Injunction for HCV Treatment by A federal court in Oklahoma issued an unpublished opinion granting a preliminary injunction ordering prison officials to provide prescribed medications for a prisoner's liver disease. Another federal court in Ohio issued an unpublished opinion granting a preliminary injunction ordering prison officials …

Hawaiian Women Prisoners File Suit Over Sex Abuse, Torture in Oklahoma Private Prison

Article • May 15, 2002 • from PLN May, 2002

Filed under: Out of State Transfers, Staff-Prisoner Assault, Private Prisons, Dominion Group, Staff-Prisoner Harassment, Contractor Misconduct, Guard Misconduct, DOC/BOP misconduct, Abortion

Hawaiian Women Prisoners File Suit Over Sex Abuse, Torture in Oklahoma Private Prison by Lonnie Burton When the State of Hawaii opted in 1998 to send its female prisoners to a privately run Oklahoma prison, it had no idea what was in store for these women. What ensued over the …

$400,000 Settlement in Oklahoma Jail Failure to Protect Suit

Article • May 15, 2002 • from PLN May, 2002

Filed under: Crime/Demographics, Criminal Prosecution, Failure to Protect (General), Overcrowding, Settlements

$400,000 Settlement in Oklahoma Jail Failure to Protect Suit by On April 19, 2001, the insurer for the Garfield county jail in Oklahoma agreed to pay $400,000 to a former jail prisoner who was attacked and beaten by his cellmate. On April 26, 1998, Larry Thomas, then 58, was imprisoned …

Former CCA Captain and Texas Probation Officer Pleads Guilty

Article • May 15, 2002 • from PLN May, 2002

Filed under: Corrections Corporation of America/CoreCivic, Guard Misconduct, Crime/Demographics, Criminal Prosecution, Guard Brutality/Beatings, Probation

Former CCA Captain and Texas Probation Officer Pleads Guilty by On October 25, 2001, Jason Driskell, 27, a former captain at the Corrections Corporation of America (CCA) operated Whiteville Correctional Facility (WCF) in Tennessee, pleaded guilty to obstruction of justice charges in federal court. Driskell admitted that in 1999 he …

Family of BOP Prisoner Awarded $1.1 Million in Wrongful Death Suit

Article • December 15, 2001 • from PLN December, 2001

Filed under: Excessive Force, Guard Brutality/Beatings, Medical Neglect/Malpractice, Suicides

Family of BOP Prisoner Awarded $1.1 Million in Wrongful Death Suit by Ronald Young A federal judge in Oklahoma City ruled in May 2001 that the government was negligent in the death of federal prisoner Kenneth Michael Trentadue and ordered the family to be paid $1.1 million for emotional distress. …