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Evidentiary Hearing Ordered For AEDPA Equitable Tolling Claim Arising From Transfer to Out-Of-State Prison by The Ninth Circuit U.S. Court of Appeals ordered the U.S. District Court (D. Ore.) to conduct an evidentiary hearing to determine if ample facts supported two Oregon state prisoners? claims that their involuntary transfers to …
Management & Training Corp. Struggles to Maintain Market Share by Gary Hunter For-profit private prison operator Management & Training Corporation (MTC) has recently lost lucrative contracts to run prisons in the United States and Canada. While the private prison industry is dominated by industry giants Corrections Corporation of America, Geo …
20 Florida Prison Officials Fired or Suspended After Prisoner Beating, Party by David Reutter by David M. Reutter Continuing his quest to clean up the chronically corrupt Florida Department of Corrections (FDOC), Secretary James McDonough fired or suspended at least 20 officials at Hendry Correctional Institution (HCI) for actions related …
Quadriplegic California Prisoner Baked to Death in Transport Van by A California state prisoner being transferred in 109-degree weather from a Central Valley prison to a remote desert facility baked to death in the back of a transport van after the air conditioning in the passenger section of the vehicle …
Littles v. CCA, TN, Complaint, transport dental injury, 2007 CCA-AF (6/2/14 PRA) 0071 CCA-AF (6/2/14 PRA) 0072
Arkansas Ups Work-Release Fees to Pay for Guard-Drivers by On October 27, 2006, the Arkansas Board of Corrections unanimously voted to increase the daily fees charged prisoners participating in the work-release program from $15 to $17. The increase is to be used to pay for guards to drive the prisoners …
Tennessee DOC’s Double Standard by G.A. Bowers Tennessee DOC's Double Standard by Greg Bowers The Tennessee Department of Correction (TDOC) applies a double standard to ethical violations committed by its employees and those committed by prisoners. TDOC staff who commit ethical violations are typically reassigned. Even when fired, they have …
Article • July 15, 2007 • from PLN July, 2007
Filed under: Classification
California Prisoner Permitted to Challenge Oppressive Prison Conditions Absent Physical Injury; Ruling Later Voided by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals reversed a U.S. District Court (N.D. Cal.) ruling that had misinterpreted 42 U.S.C. § 1997e(e) to require physical injury in order to …
Article • July 15, 2007 • from PLN July, 2007
Governor’s Task Force Recommends Changes in Florida’s Prison System Mission by Governor's Task Force Recommends Changes in Florida's Prison System Mission Recognizing that 90% of all Florida prisoners will eventually be released into society, former Governor Jeb Bush commissioned the Ex-Offender Task Force (Task Force) on February 7, 2005 to …
Article • June 15, 2007 • from PLN June, 2007
Guards Convicted of Stealing, Bringing Drugs into Washington State Private Jail by Matthew Clarke by Matthew T. Clarke Security Specialists Plus (SSP) is a 60-employee firm operating out of Bellingham, Washington?s Irongate industrial area. It provides animal control services to unincorporated parts of Whatcom County, hires out private security guards, …
Washington DOC Pays $2,500 to Settle Disabled Discrimination Suit by Bart Blackburn, a prisoner confined at Washington State Penitentiary, was paid $2,500 in 1999 by the Washington Department of Corrections. Blackburn, a disabled person with bi-polar disabilities and a hearing impairment was denied access to transfer to a lesser custody. …
Article • May 15, 2007
Limited Law Library Time, Postage, Not Denial of Access by The U.S. Court of Appeals for the Tenth Circuit held that an Oklahoma prisoner's constitutional rights were not violated by the cancellation of a bland diet, transfer to maximum custody, limited amount of time in law library or prison's indigent …
Rhode Island DOC May Be Liable for Virginia's Treatment of Prisoners by The U.S. First Circuit Court of Appeals held that Rhode Island corrections officials may be liable for unconstitutional treatment of Rhode Island prisoner held in Virginia prisons. Bernardo Figueroa is a prisoner in custody of the Rhode Island …
Article • May 15, 2007
Filed under: Classification, Zoning
Cincinnati's Ban on Travel in "Drug Exclusion Zones" Struck Down by Cincinnati's Ban on Travel in "Drug Exclusion Zones" Struck Down The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court for the Southern District of Ohio, held that a Cincinnati, Ohio, municipal ordinance banning persons convicted of …
Article • May 15, 2007
Prisoner Stated Civil Rights Claim but not RICO Claim by The U.S. Ninth Circuit Court of Appeals vacated part of a California federal district court's dismissal of a prisoner's civil right action, holding that the prisoner failed to state a claim under the Racketeer Influenced and Corrupt Organization (RICO) Act, …
Illinois Prisoner Awarded $34,500 For Delayed Release by On July 20, 1994, a federal district court awarded a former Illinois state prisoner $34,500 in compensatory and punitive damages for the extra time he spent in prison after being granted parole. Plaintiff Timothy Wilson claimed that on January 21, 1990, he …
Article • May 15, 2007
Sex Offenders Can Be Excluded From Work Release Program by The U.S. Court of Appeals for the Eighth Circuit held that an Arkansas prisoner's Fourteenth Amendment rights to due process and equal protection were not violated by state officials' refusal to allow him to participate in a work/study program for …
Article • May 15, 2007
New York: Liberty Interest in Work Release by The New York Supreme Court, New York County, held that a prisoner's removal from a work release program without allowing him to participate in the hearing violated due process. While on work release, state prisoner Simon Anderson submitted a urinalysis that allegedly …
Article • May 15, 2007
FL Prisoners May Have Right to Notice and Hearing Before Transfer by The Court of Appeals for the Fifth Circuit reversed and remanded a Florida prisoner's complaint that alleged he was transferred from a medium security prison to a close custody confinement prison without notice or a hearing. The court …
Article • May 15, 2007
Summary Judgment Denied to Doctor Who Failed to Act Promptly by The U.S. District Court for the Eastern District of Michigan granted summary judgment to a prison warden and deputy warden but denied it in part to a prison doctor in a medical deliberate indifference claim. Alfred Scicluna was convicted …
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