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CDC Spreads Gangs
Article • May 15, 1994 • from PLN May, 1994
Filed under: Gang Policies, Sentencing, Probation
CDC Spreads Gangs by According to the Intelligence Operations Bulletin, published by the California Attorney General's office, the California DOC's policy of trying to remove prisoners from their "negative" (i.e. city) environment is contributing to the spread of gang membership in rural areas. Cited as an example was the Los …
ISRB Must Follow Own Rules
Article • May 15, 1994 • from PLN May, 1994
Filed under: Sentencing, Good Time, Parole
ISRB Must Follow Own Rules by Charles Cashaw was a Washington state prisoner. He filed a Personal Restraint Petition (PRP, a state habeas petition) challenging the actions of the Indeterminate Sentence Review Board (ISRB) in setting a minimum prison term to coincide with his court imposed maximum sentence. The court …
OK State Courts Can Hear Prison Suits
Article • May 15, 1994 • from PLN May, 1994
Filed under: Disciplinary Hearings, Disciplinary Litigation, Mandamus, Good Time, Habeas Corpus
OK State Courts Can Hear Prison Suits by Dennis Waldon is an Oklahoma state prisoner. He was infracted and punished in a prison disciplinary hearing resulting in the loss of one hundred days of good time credits. Waldon filed a writ of habeas corpus and/or mandamus in the Alfalfa County …
FL Reforms Sentencing Law
Article • May 15, 1994 • from PLN May, 1994
Filed under: Government Misconduct, Crime, Overcrowding, Sentencing, Good Time, State Legislation
FL Reforms Sentencing Law by Florida has built 10,729 new prison beds in the past five years yet has been unable to keep up with its growing prison population. In May of 1993 the Florida legislature passed the Safe Streets Initiative which has the goal of reducing prison overcrowding to …
BOP Suits Require Administrative Exhaustion
Article • April 15, 1994 • from PLN April, 1994
Filed under: Medical, Systemic Medical Neglect, Disciplinary Litigation, Administrative Exhaustion, Habeas Corpus
BOP Suits Require Administrative Exhaustion by John Rourke is a federal prisoner. He filed suit seeking injunctive relief alleging that prison officials had denied him medical care and arbitrarily imposed disciplinary sanctions against him. The district court dismissed the suit without prejudice as frivolous, before service on the defendants, holding …
BOP Liable for Recalculating Sentence
Article • April 15, 1994 • from PLN April, 1994
Filed under: Attorney Fee Awards, Sentencing, Good Time, Parole, Habeas Corpus, Wrongful Imprisonment, Supervisory Liability
BOP Liable for Recalculating Sentence by Kent Alexander is a former federal prisoner. In 1986 he was released after serving a three year federal sentence. Eighty days later he was arrested for "violation of parole" and placed in FCI Tucson. The prison administrative systems manager, Luis Rivera, told Alexander that …
AZ Prisoners Have Right to Court Access
Article • April 15, 1994 • from PLN April, 1994
Filed under: Lockdowns, Law Library Access/Adequacy, Civil Procedure, Mootness, Habeas Corpus
AZ Prisoners Have Right to Court Access by Antonio Bustamonte is an Arizona state prisoner held at the Winslow prison. In April of 1992 a riot broke out at the prison resulting in Bustamonte's housing unit being locked down. One of the consequences of the lockdown, in which prisoner's were …
GA Parole Rules Create Liberty Interest
Article • April 15, 1994 • from PLN April, 1994
Filed under: Disciplinary Hearings, Liberty Interests, Parole
GA Parole Rules Create Liberty Interest by Stephen Sultenfuss is a Georgia state prisoner serving sentences for two drug convictions. Under the rules of the Georgia Board of Pardons and Parole (GBPP) he should have served 10 months in prison. Disregarding their own rules the GBPP imposed a period of …
Work Release Revocation Requires Hearing
Article • April 15, 1994 • from PLN April, 1994
Filed under: Work Release, Gender Discrimination -- Women, Parole, Immunity/Liability, Qualified Immunity
Work Release Revocation Requires Hearing by Billy Jackson was an Arkansas state prisoner. She was placed in work release but later quit her job and her parole officer could not locate her at her address of record. She was later arrested on charges of public drunkenness, returned to prison and …
Court Rules Suit Waiver is Not Enforceable
Article • March 15, 1994 • from PLN March, 1994
Filed under: Police Misconduct, Civil Procedure, Suit Waivers, Probation, Drug Treatment/Rehab
Court Rules Suit Waiver is Not Enforceable by This case involves release-dismissal agreements where a party will agree not to sue a government agency or official and the agency in turn agrees to either drop or reduce charges against the person. In many cases prison officials will have prisoners agree …
Conditions Habeas Requires Administrative Exhaustion
Article • January 15, 1994 • from PLN January, 1994
Filed under: Medical, Skeletal Disorder, Administrative Exhaustion, Habeas Corpus
Conditions Habeas Requires Administrative Exhaustion by Raleigh Irby is a prisoner at the federal Metropolitan Correctional Center (MCC) in Chicago. He petitioned the district court for release under 28 U.S.C. § 2241 (the habeas corpus statute) because he was not receiving adequate medical treatment for severe congenital disk disease. The …
Parole Commission Guidelines Not Ex Post Facto
Article • January 15, 1994 • from PLN January, 1994
Filed under: Sentencing, Ex Post Facto, Parole, Federal Legislation
Parole Commission Guidelines Not Ex Post Facto by The federal prisoner in this case, Noble Simpson, filed a pro se habeas corpus petition against the U.S. Parole Commission. Simpson's suit challenged, on ex post facto grounds, the Commission's application at his second parole hearing of it's guidelines which were not …
Ex Post Facto Conflict Within Ninth Circuit
Article • December 15, 1993 • from PLN December, 1993
Filed under: Sentencing, Ex Post Facto, Parole
Ex Post Facto Conflict Within Ninth Circuit by In the October PLN we reported on the case of Powell v. DuCharme , 998 F.2d 710 (9th Cir. 1993) in which a panel of the ninth circuit court of appeals held that the ex post facto clause was not violated by …
Prosecutorial Liability Explained
Article • December 15, 1993 • from PLN December, 1993
Filed under: Prosecutor/Attorney General Misconduct, Habeas Corpus, Immunity/Liability, Prosecutorial Immunity
Prosecutorial Liability Explained by Stephen Buckley sought damages, under 42 U.S.C. § 1983, from prosecutors for fabricating evidence during the preliminary investigation of a highly publicized rape and murder case in Illinois, and form making false statements as a press conference announcing the return of an indictment against him. He …
A Call for an Investigation of the U.S. Parole Commission
Article • December 15, 1993 • from PLN December, 1993
Filed under: Sentencing, Parole
A Call for an Investigation of the U.S. Parole Commission by Elton Winchester By Elton R. Winchester #31778-138, Leavenworth The Sentencing Reform Act (SRA) that went into effect in Novermber of 1987, abolished parole and the U.S. Parole Commission (USPC). Section 235(b)(3) of the SRA required the USPC to hear …
No Right to Forfeit Goodtime
Article • November 15, 1993 • from PLN November, 1993
Filed under: Political Prisoners, Disciplinary Hearings, Liberty Interests, Good Time
No Right to Forfeit Goodtime by Helen Woodson was a federal prisoner serving twelve years on four counts of destroying government property arising out of protests at ICBM missile sites. She is a member of the Plowshares, a Christian group that takes literally the bible's command to beat swords into …
Prosecutorial Liability Explained
Article • November 15, 1993 • from PLN November, 1993
Filed under: Prosecutor/Attorney General Misconduct, Habeas Corpus, Immunity/Liability, Prosecutorial Immunity
Prosecutorial Liability Explained by Stephen Buckley sought damages, under 42 U.S.C. § 1983, from prosecutors for fabricating evidence during the preliminary investigation of a highly publicized rape and murder case in Illinois, and for making false statements at a press conference announcing the return of an indictment against him. He …
Biased Hearing Officer Violates Due Process
Article • November 15, 1993 • from PLN November, 1993
Filed under: Transfers, Disciplinary Hearings, Liberty Interests, Hearing Officers, Appointment of Counsel, Parole
Biased Hearing Officer Violates Due Process by Biased hearing Officer Violates Due Process Robert Ramirez is a federal prisoner. He had been imprisoned at the US penitentiary in Marion, IL, and had gone through that prison's transfer process and was moved to Leavenworth. While at Leavenworth Ramirez was infracted for …
Ninth Circuit Reverses Powell Decision
Article • October 15, 1993 • from PLN October, 1993
Filed under: Sentencing, Ex Post Facto, Parole
Ninth Circuit Reverses Powell Decision by Robert Powell By Robert Powell To understand just what has happened in this case one must first understand Washington state law. At the time of my conviction a person who was found guilty of Murder in the First Degree was either sentenced to death …
City of Refuge
Article • August 15, 1993 • from PLN August, 1993
Filed under: Crime, Sentencing
City of Refuge by David Finney Everyone has heard about alternative sentencing. What about alternative incarceration? The debate should be expanded to encompass this issue too. When people get put in prison the great majority become distrustful, angry and radicalized. It is a symptom of theseemingly arbitrary and unfair nature …
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