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Prisoner’s Oral Complaints Worthy of First Amendment Protection; by Prisoner's Oral Complaints Worthy of First Amendment Protection;  $1 in Damages and $1.50 in Fees Awarded The Seventh Circuit Court of Appeals has held that a prisoner's oral complaints about matters of "public concern" that are designed to "urge a change …
Article • December 15, 2007 • from PLN December, 2007
Texas GEO Prison Squalor Drives Idaho Prisoner to Suicide by Matthew Clarke by Matt Clarke Seven months after arriving at the Dickens County Correctional Center (DCCC), a private prison in Spur, Texas operated by the GEO Group, Idaho state prisoner Scot Noble Payne, 43, was dead by his own hand. …
Michigan’s Solution to Prisoner Healthcare: Close the Prison by David Reutter Michigan's Solution to Prisoner Healthcare: Close the Prison by David M. Reutter In December 2006, a federal district court found the Michigan Department of Corrections (MDOC) in contempt in the long-running Hadix case, and ordered prison officials to submit …
Article • December 15, 2007
Tennessee Prisoners Have No Right to Specific Classification, Only the Determination Thereof by Tennessee State prisoner Davalon Higgins applied for work release at Middle Tennessee Correctional Center Annex (MTCC) in 2003 and was denied because his record indicated he was a member of a Security Threat Group (STG). His complaint …
Article • December 15, 2007
Paruresis No Excuse for Failure to Urinate Absent Medical Verification by Oregon State pro se prisoner Richard Sheeny appealed a U.S. District Court grant of summary judgment to prison officials denying his 42 U.S.C. § 1983 action. He alleged constitutional violations when he was disciplined for failure to urinate because …
Article • December 15, 2007
Massachusetts’ Corrections Commissioner Has Duty to Comply with Court’s Transfer Order by Massachusetts' Corrections Commissioner Has Duty to Comply with Court's Transfer Order The First Circuit Court of Appeals has held that a district court has authority to order a Corrections Commissioner to transfer prisoners to create constitutional conditions. That …
Wrongful Death At Wallens Ridge State Prison Settled For $1,540,000 by In 2002, the state of Connecticut paid $1.1 million and in 2003 the state of Virginia paid $350,000 to the family of Connecticut state prisoner Larry Frazier who died a torturous death in a supermax prison. To ease Connecticut …
Denying Work Release to HIV Positive Amputee May Violate ADA by The plaintiff alleged that he was denied access to shock incarceration because he is an HIV-positive amputee, and was also repeatedly denied work release. He also claimed that he was deprived of his personal wheelchair, after having it in …
Article • December 15, 2007
AZ Prisoner's Denial of Transfer to Release Center by Changing His Sex-Offense Treatment Rating Satisfies Due Process by Tony Luca, an Arizona prisoner, was denied transfer to a correctional release center after prison guards changed his sex-offender treatment rating to one not eligible for transfer to a release center. He …
Article • December 15, 2007
NY Sex-Offender Properly Classified as Risk Level II Where Risk Assessment Points Place Him in That Category by Alan Barnett, a New York state prisoner, was classified as a risk level II sex offender based on risk assessment points accumulated as a result of factors relevant to his crime and …
Article • December 15, 2007
Ohio Probation Violator Entitled to Credit for Time Served in Halfway House by The Ohio Court of Appeals held that after a convicted prison guard violated his probation, he was nonetheless entitled to credit for time served earlier in a halfway house, since it amounted to "confinement." Guard Richard Holda …
Arizona and Indiana Prisoner Uprising at GEO-Run Prison in Indiana by by Matt Clarke On April 24, 2007, about 500 Arizona and Illinois prisoners at a privately-run facility owned by the Indiana Department of Corrections (IDOC) participated in an uprising. The prison is operated by the Boca Raton, Florida-based GEO …
Overcrowded Washington DOC’s Solution: Ship ’Em Out of State by David Reutter Overcrowded Washington DOC's Solution: Ship ?Em Out of State by David M. Reutter Overcrowding is pinching the Washington Department of Corrections (WDOC). To alleviate that problem, the department ordered less than 100 community supervision violators released without a …
California DOC Guards Win Injunction to Stop Prisoner Transfers Out-Of-State; Transfers Continue While State Appeals by The Superior Court of Sacramento County has granted a writ of mandate prohibiting the transfer of California Department of Corrections and Rehabilitation (CDCR) prisoners to out-of-state facilities to alleviate the prison system's chronic overcrowding …
False Positive - Phoenix New Times article on retaliation at Sheriff Arpaio's jail by Robert Nelson False Positive Is Joe Arpaio up to his same old dirty tricks? This time, a man's life may be at stake. By Robert Nelson Published: February 19, 2004 Jim Cozzolino wasn't afraid of serving …
Article • October 15, 2007 • from PLN October, 2007
BOP May Not Foreclose Transfer to Community Corrections Center Based on Length of Remaining Sentence by John Dannenberg The Second Circuit U.S. Court of Appeals has held that federal Bureau of Prisons (BOP) prisoners seeking transfers to community correctional centers (CCC) before reaching a point when they have the greater …
Article • October 15, 2007 • from PLN October, 2007
New Law Bars Hawaii Prison Officials from Canceling Visits by A new state law prohibits Hawaii prison officials from canceling prescheduled visits because of absenteeism or guard shortages, if the visitors have traveled from another island or the mainland. Retired prison guard Kam Tanaka, now a State Representative, sponsored the …
Little State, Big Problems: Maine’s Prison Crisis Continues Unabated by Lance Tapley Little State, Big Problems: Maine?s Prison Crisis Continues Unabated by Lance Tapley Only big prison systems mistreat prisoners, right? Only prison systems where racism, right-wing tough-on-crime attitudes, or prison-industrial-complex power have full reign, like in California or Texas, …
Article • September 15, 2007 • from PLN September, 2007
Maryland Closes Decrepit, Scandal-Plagued House of Correction by The dilapidated and violent relic known as the Maryland House of Correction (MHC) has finally closed. MHC?s remaining 842 prisoners were transferred on March 16, 2007. The most troublesome prisoners were moved to various federal prisons around the country; the rest were …
Colorado Investigates Former Prison Director for Malfeasance Following State Audit by The Colorado State Auditor completed a review of the state's private prison contracts in November 2006. The audit found that former Director of Prisons Nolin Renfrow's "private business activities arguably present a conflict of interest and result in a …
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