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Article • May 15, 2008
No Due Process Violation for Holding Sex Offender Past Release Date by The plaintiff, a convicted sex offender, was not released until three months after his conditional release date because his residence was not approved until then. The requirements for approval were formalized only one day before his CR date. …
Article • May 15, 2008
Heck Bars Parole Challenge Absent Habeas Relief by Under Heck v. Humphrey and progeny, the plaintiff cannot challenge his parole revocation via 1983 or 1985 without first obtaining relief in a state forum or via federal habeas corpus. The court observes that a majority in Spencer v. Kemna said that …
Article • May 15, 2008
Jail Doctor Wins Lawsuit Over Substitution of Pain Medication by The plaintiff broke his hand in jail and was prescribed Darvocet for pain; a jail doctor directed that it be withheld to see if over-the-counter medications would control the pain, since many jail inmates including the plaintiff have substance abuse …
Tennessee Court Enjoins Prisoner's Litigation by The court publishes its order re filing fees, finds the case frivolous, declares the plaintiff subject to the three strikes rule, and then imposes a requirement that she seek leave of court to file any future actions The court says that 1915(g) has lowered …
Article • May 15, 2008
Second Circuit Discusses Consent Decrees by The court recites boilerplate about consent judgments: they are judicial orders and contracts, to be read "within [their] four corners"; a court can't replace consent decree terms with its own, even if that would help effectuate the decree's goals; courts' equitable power exists only …
Article • May 15, 2008 • from PLN May, 2008
Filed under: News, News in Brief
News in Brief: by Alabama: On September 11, 2007, Morgan County Community Corrections Director Alison Nix resigned her job as head of the county?s sentencing alternative program after the Community Corrections and Court Services Commission voted to fire her after it was learned she was improperly billing the county $504 …
Article • May 15, 2008 • from PLN May, 2008
$56,274 Verdict in Negligent Rhode Island Maintenance Claim by A Rhode Island state jury awarded a prisoner $56,274 for a claim that alleged prison officials failed to properly maintain exercise equipment, which cased the prisoner injury. The action was filed by prisoner James Bernardo, who was imprisoned at Rhode Island?s …
Washington Jail Prisoners Suffer from Overcrowding, Abusive Guards, Inadequate Health Care and Indifferent Politicians by Roger Smith Since the mid-1990s, Washington State jail populations have increased exponentially. Obsolete facilities built decades ago to hold a handful of prisoners are now packed like sardine tins, with as many prisoners sleeping on …
Release of Medically Incapacitated Prisoners Could Save California Taxpayers Hundreds of Millions in a Time of Budget Crisis by Release of Medically Incapacitated Inmates Could Save California Taxpayers Hundreds of Millions in a Time of Budget Crisis Will the Board of Parole Hearings and the Schwarzenegger Administration Follow the Law? …
Article • May 15, 2008
No Liberty Interest In New Jersey Work Release by The plaintiff was on work release and living in a halfway house; he was removed from the program for drinking. He was later found not guilty, but he was not returned to the halfway house, and received no hearing to determine …
Article • May 15, 2008
Monitoring and Limiting Phone Calls by Kansas Prisoners Upheld by Prisoners can make telephone calls only collect and to persons previously placed on a list limited to 10; calls can be recorded and monitored; calls are automatically terminated when the outside party tries to transfer the call or make it …
Article • May 15, 2008
Virginia Policy Prohibiting Staff From Marrying Prisoners Upheld by The plaintiff prison guard married a convicted felon, the father of her child, and resigned under pressure in light of the prison system's anti-fraternization policy. (The man was convicted and incarcerated after he fathered the child but before they got married.) …
PHS Not Liable for Prisoner Attack on Nurses by The plaintiffs were nurses employed by Prison Health Services, Inc., and were attacked and beaten by a prisoner. The Supreme Court's decision in Collins v. Harker Heights overrules prior authority suggesting that there might be a special relationship supporting liability in …
Article • May 15, 2008
IN DOC Ban on Typewriters Upheld by Prisoners do not have a right to possess typewriters and word processors; the right of court access is satisfied by providing basic materials, such as pens and paper, for the preparation of legal materials. The fact that prisoners were permitted to possess these …
Jail Liable for Labeling Arrestee’s Cell as “HIV Positive Inmate” by Jail Liable for Labeling Arrestee's Cell as "HIV Positive Inmate" The plaintiff was arrested and informed the police he was HIV positive. They put a pink sign on his holding cell door saying HIV POSITIVE INMATE, which was removed …
Article • May 15, 2008 • from PLN May, 2008
Texas Prison Health Care: On the Brink of Unconstitutionality, Again by Matthew Clarke by Matt Clarke According to Texas prison healthcare officials, medical care in the state?s prison system is teetering on the brink of becoming unconstitutional. ?We?re toed up to the line. No doubt about it,? proclaimed Dr. Ben …
Texas Youth Commission Wants Increased Pepper Spray Use Despite Settlement by Michael Rigby by Michael Rigby Less than three months after agreeing to a court settlement limiting the use of pepper spray on juveniles, the Texas Youth Commission (TYC) has failed to curb its use and is actually planning to …
Article • May 15, 2008 • from PLN May, 2008
Wrongful Termination of Georgia Jail Guards by New Sheriff Settles for $7 Million by A $7 million settlement has been reached between the sheriff of Georgia?s Clayton County and 34 employees he fired on his first day in office. The employees alleged they were discriminated against based on their race …
Article • May 15, 2008 • from PLN May, 2008
$3,175,000 Judgment against Private Health Contractor for Illinois Prisoner’s Stroke by $3,175,000 Judgment against Private Health Contractor for Illinois Prisoner's Stroke On January 26, 2007, an Illinois prisoner who claimed he suffered a stroke due to negligence on the part of Health Professionals, Ltd. a private company that contracts with …
Alabama DOC Charges Prisoners Unlawful Fees to Cover Budget Shortfalls by Matthew Clarke by Matt Clarke On June 1, 2007, the Alabama Department of Examiners of Public Accounts released an audit report critical of the funding practices of the state's Department of Corrections (DOC). The DOC operates 19 prisons, 10 …
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