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Article • May 15, 2007
Supreme Court Issues Test for Prison Rules by In response to a class action suit filed by prisoners, the U.S. Supreme Court ruled that a Missouri prison's mail regulations were constitutionally valid, but its policy of not allowing prisoner marriages without the warden's approval was not. The Court also established, …
Article • May 15, 2007
New Jersey Prisoner Denied Right to Artificially Inseminate Wife by The Superior Court of New Jersey, Appellate Division, held that a state prisoner had no constitutionally protected right to artificially inseminate his wife. Robert G. Percy, a 45-year-old prisoner sentenced in 1985 to 30 years to life for homicide, sought …
Article • May 15, 2007
California Prisoner Has Right to Court Access, Child Custody and Visitation by A California appeals court reversed a superior court's order that denied a California state prisoner custody of his children and visitation with them, and which was done without allowing him to appear for hearings on the matter. The …
Article • May 15, 2007
Court Appearance Governed by Fundamental Fairness by A Michigan prisoner appealed the trial court's denial of his petition for writ of habeas corpus ad testificandum and his motion for leave to testify by deposition which effectively foreclosed him from obtaining a divorce. In Michigan, a judgment of divorce may not …
Article • May 15, 2007
Court Orders Minor Child Visitation in NJ Jail by A federal court in New Jersey ordered that visits by minor children be allowed for pretrial detainees at the Passaic County jail in New Jersey. The court also ordered a special master to file a report on the adequacy of visiting …
Article • May 15, 2007
Filed under: Family, Fathers in Prison
Segregated Prisoner Allowed Visits with His Children by A federal District Court in Wisconsin held that refusing to grant visitation with a prisoner's minor children was unconstitutional. A Wisconsin state prisoner filed a civil rights action challenging a prison's denial of visitation with his two minor children because he was …
Article • May 15, 2007
Incarceration Alone Does not Provide Basis for Adoption by The Oregon Court of Appeals held that a parent's incarceration, by itself, does not provide a sufficient basis to adopt his or her child without consent. In 1998, Daniel M. Moran was incarcerated for being a felon in possession of a …
Article • May 15, 2007
Incarceration Alone Does not Provide Basis to Terminate Parental Rights by The Utah Court of Appeals held that a parent's incarceration alone is insufficient to terminate his or her parental rights. T.B. was incarcerated for most of his daughter D.B.'s life. As a result, D.B. was placed with a foster …
Article • May 15, 2007
Filed under: Family, Family Law
Nevada: Imprisonment Is Affirmative Defense To Felony Nonsupport by The Supreme Court of Nevada held that a father's imprisonment was an affirmative defense for nonpayment of child support but that a jury was justified in rejecting it. Paul Sanders was charged with failure to pay child support for a 33 …
No Liberty Interest in Washington Extended Family Visits by The Washington Supreme Court held that prisoners have no constitutionally protected liberty interest in the DOC's extended family visiting (EFV) program. The court also held that prison officials have broad discretion to approve or deny a prisoner's participation in the EFV …
Article • May 15, 2007
State Seizes Child Of Sex Offender Father/Drug Abuser Mother by The United States District Court for the Middle District of Pennsylvania dismissed a Federal civil rights complaint filed by Melissa Wolfhawk against Schuylkill County Children and Youth Services for seizure of her newborn child. Wolfhawk claimed that the agency violated …
Article • May 15, 2007
Federal Parole Condition Denying Parolee Contact with His Minor Daughter Upheld by In January of 2004, Gregory Smith completed a 10-year sentence for drug and firearm violations. His parole officer ordered him to stay away from his minor daughter. Even so, he went to several schools looking for her and …
Article • December 15, 2006 • from PLN December, 2006
Many U.S. Prisoners Give Birth In Chains by Michael Rigby Childbirth is sacred in most cultures. But for many female prisoners in the U.S., the process can be cruel and degrading. According to a March 1, 2006, report by the human rights group Amnesty International U.S.A., 23 state prison systems …
Article • March 15, 2006 • from PLN March, 2006
NY DOC's 60% Telephone Call Surcharge" Violates First and Fourteenth Amendments by NY DOC's 60% Telephone Call Surcharge" Violates First and Fourteenth Amendments by John E. Dannenberg The U.S. District Court (S.D. N.Y.) ruled that the 60% surcharge (kickback) that the New York State Department of Corrections (NYDOC) receives from …
Article • March 15, 2006 • from PLN March, 2006
Texas Prisoners Again Have Limited Right to Appear in Civil Cases by by Matthew T. Clarke In a well-reasoned opinion with copious citations, a Texas court of appeals held that Texas prisoners have a limited right to appear in civil cases even if they cannot justify a personal appearance. C.J., …
Article • February 15, 2006 • from PLN February, 2006
Filed under: Family, Mothers in Prison
All Alone in the World: Children of the Incarcerated by By Nell Bernstein, The New Press; 303 Pages; $25.95 Reviewed by Sheerly Avni In part because of the war on drugs, in part because of mandatory sentencing laws such as California's three strikes" law, and in part because we have …
Parole for Women in California: Promise or Pathos by Corey Weinstein by Corey Weinstein, MD, CCHP Women are not men, but the California Department of Corrections (CDoC) has treated them as such until very recently. They are housed in mega prisons, denied contact with their children and denied important gender …
Article • October 15, 2005 • from PLN October, 2005
Massachusetts DOC Denies Two, Approves One, Same-Sex Marriages by Massachusetts DOC Denies Two, Approves One, Same-Sex Marriages by Matthew T. Clarke The Massachusetts Department of Corrections (DOC) has denied the request of two civilly-committed sex offenders to marry. It also denied a similar request by two other male prisoners, but …
Article • October 15, 2005
Many U.S. Prisoners Give Birth In Chains by Michael Rigby Childbirth is sacred in most cultures. But for many female prisoners in the U.S., the process can be cruel and degrading. According to a March 1, 2006, report by the human rights group Amnesty International U.S.A., 23 state prison systems …
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