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Article • July 15, 2011
California: Bringing Medical Marijuana Into Jail Is Not A Felony by John Dannenberg by John E. Dannenberg The California Court of Appeal held that because California’s 1996 voter-approved Medical Marijuana Program Act (Proposition 115) permits a citizen to possess marijuana for medical use, bringing such approved marijuana into jail could …
New York Sex Offenders’ Settlement Agreement Superseded By New Registration Law by John Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals dealt a blow to New York state sex offenders when it ruled that in spite of an earlier suit and settlement agreement constraining sex offender …
Article • July 15, 2011 • from PLN July, 2011
Filed under: News, News in Brief
News In Brief by Hawaii: On April 7, 2011, former Oahu Community Correctional Center guard Ryan Malasig, 44, wept at his sentencing hearing after pleading no contest to sexually assaulting a transgender prisoner in 2009. Malasig had forced the prisoner to perform oral sex on him; the prisoner kept a …
Article • July 15, 2011 • from PLN July, 2011
Fourth Circuit Upholds Federal Civil Commitment Statute Against Constitutional Challenge by The procedures for civil commitment of “sexually dangerous” federal offenders do not violate due process, the U.S. Court of Appeals for the Fourth Circuit held on December 6, 2010. In 2006, the United States initiated civil commitment proceedings against …
Inmate Accident Compensation Act Does Not Preclude Bivens Remedy by The Inmate Accident Compensation Act (IACA), 18 U.S.C. § 4126, does not preclude a federal prisoner from bringing a claim under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) for work-related injuries that …
U.S. Supreme Court Holds California’s Prison Overcrowding Violates Eighth Amendment, Must be Remediated by Population Reduction by John Dannenberg by John E. Dannenberg In a landmark ruling upholding provisions of the Prison Litigation Reform Act (PLRA) that permit specially convened three-judge federal court panels to order reductions in state prison …
Article • June 15, 2011 • from PLN June, 2011
Ninth Circuit Rejects Challenge to BOP’s Implementation of Second Chance Act by On December 6, 2010, the U.S. Court of Appeals for the Ninth Circuit ruled against federal prisoners who argued that the federal Bureau of Prisons (BOP) was not properly implementing the Second Chance Act (SCA), a law designed …
Article • June 15, 2011 • from PLN June, 2011
Federal Cell Phone Ban Becomes Law; California Bill Vetoed, then Re-Introduced by Brandon Sample Legislation barring the possession or use of cell phones by federal prisoners, the Cell Phone Contraband Act (S.1749), was signed into law by President Obama in August 2010. The legislation comes in response to a rising …
Article • June 15, 2011 • from PLN June, 2011
Filed under: News, News in Brief
News In Brief: by Arkansas: During a search for contraband at the Greene County Jail, three guards and a sheriff’s deputy were locked in a cell by prisoner Jacob Rodden. The October 10, 2010 incident occurred after Rodden ran out of the cell, closed the door behind the guards who …
Article • June 15, 2011 • from PLN June, 2011
Filed under: Fire Hazards, News
Dozens of Israeli Prison Guards Die in Fire by At least 37 prison guards died in a forest fire in Israel in December 2010. The guards were on their way to help evacuate prisoners – including Palestinian prisoners – at the Damon jail when they were killed. The guards were …
Article • May 15, 2011 • from PLN May, 2011
Filed under: News, News in Brief
News In Brief: by California: Tonya Henderson, a former guard at the California Institution for Men in Chino, resigned in May 2010 after she was arrested for stealing $3,000 worth of merchandise from a Target store, including a steam cleaner and a big-screen TV. She was in her prison uniform …
Article • May 15, 2011
Ninth Circuit: “Some Evidence” of Offense Viciousness Justifies Denial of Lifer’s Parole by Marvin Mentor The Ninth Circuit U.S. Court of Appeals held that the denial of a second degree murderer’s parole by the California parole board (BPT), based upon factors relating solely to the commitment offense, was justified when …
WA DOC Employee’s Federal Maritime Claims Not Precluded by State Law by The Court of Appeals for the State of Washington, Division II, has reversed and remanded a Department of Corrections (DOC) employee’s federal maritime claim against the DOC. One day while Scott Maziar was riding the ferry home from …
U.S. Supreme Court Asks Montana Supreme Court to Address Whether FJDA Conviction Requires Registration Under Montana Law by On June 7, 2010, the U.S. Supreme Court certified a question to the Montana Supreme Court in order to decide whether a petition for writ of certiorari currently pending before the Court …
Article • May 15, 2011
Missouri Escape Rule Bars Post-Conviction and Habeas Corpus Filing by Missouri state prisoner Alan Echols appealed his federal habeas corpus denial after being denied state post-conviction relief based on Missouri's escape rule, which bars the review of post-conviction claims from prisoners who escape from incarceration. The denial was upheld by …
Felon Disenfranchisement Statute Does Not Violate Voting Rights Act by Brandon Sample The good news for Washington state prisoners wanting to restore their voting rights? The state’s felon disenfranchisement statute violates the Voting Rights Act (VRA), a panel of the U.S. Court of Appeals for the Ninth Circuit held on …
Article • April 15, 2011
California Court of Appeal Invalidates Legislative Amendments to Voter-Approved Drug-Treatment Diversion Initiative by In November 2009, the California Court of Appeal affirmed the judgment of the Superior Court of Alameda County which enjoined enforcement of a legislative enactment, senate Bill 1137, that sought to amend Prop. 36, a voter-approved initiative …
Article • April 15, 2011
Medical Malpractice Damages Caps Unconstitutional in Illinois by On February 4, 2010, the Illinois Supreme Court filed its opinion invalidating Public Act 94-677 (Act) and, more specifically, section 2-1706.5 of the Code of Civil Procedure, which sets caps on noneconomic damages in medical malpractice suits. This appeal stems from a …
Article • April 15, 2011 • from PLN April, 2011
Washington Court Reverses Injunction Against Prisoner’s Public Records Requests by On July 29, 2010, the Washington State Court of Appeals affirmed that prisoners have standing to request records under Washington’s Public Records Act (PRA). The court also held that photographs of guards; personnel, compensation and training records; and intelligence and …
Article • April 15, 2011 • from PLN April, 2011
Maryland: Convicted Felons Receive Victims’ Compensation by Gary Hunter Since 2003, Maryland’s Criminal Injuries Compensation Board has awarded about $1.8 million to claimants with criminal convictions. In Baltimore, over 120 people who received victims’ compensation had been arrested for selling or manufacturing drugs; more than seventy of those payments went …
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