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Article • January 15, 2008
Fed Prisoner's Non-Custodial Escape was a Crime of Violence for Sentencing Purposes by Deondery Chambers, a federal prisoner, pled guilty to being a felon in possession of a firearm. The district court judge found that he had three violent priors and sentenced him to 188 months as an armed career …
Article • January 15, 2008
Filed under: Sentencing, Parole, Immigration
Illegal Alien Not Required to Submit Dual Parole Plans in California by California's First District Court of Appeals has held that a prisoner is not required to prepare a parole plan for both California and a country he will be deported to if there is a conclusive presumption that he …
MA Prison Conditions Might Amount to Cruel and Unusual Punishment by Richard Smith, a Massachusetts state prison at MCI-Concord, sued prison officials after being disciplined for fighting. He sued numerous guards and administrators in state court alleging a multitude of constitutional and statutory violations. Among them was a claim that …
Nebraska Mental Health Patients' Class Action Shot Down for Class Overbreadth by Numerous involuntarily committed mental health patients in Nebraska filed a federal class action lawsuit seeking declaratory and injunctive relief, claiming sexual and physical abuse by male staff and patients at three state facilities. They also claimed an array …
Article • January 15, 2008
Nebraska Prisoner's Transfer to Another Prison Was Lawful by Robert Hunt, a Nebraska state prisoner, is a Seventh Day Adventist. After nearly 20 years at the Nebraska State Penitentiary (NSP), he was transferred to the Tecumseh State Correctional Institute (TSCI) against his will. As a result he lost his job …
Article • January 15, 2008
NM Prisoner Wins $490,000 for Warrantless Blood Draw by Jimmie Marshall was arrested by Hobbs, New Mexico police for driving under the influence. He submitted to a breathalyzer test but was also taken to a hospital where his blood was drawn for drug testing against his will. In 1999 Marshall …
Bivens Action Inapplicable to Private Prison Employees by The Fourth Circuit Court of Appeals has held that individual employees of a privately-operated prison are not subject to Eighth Amendment liability under a Bivens action. Before the Court was the defendants' appeal of a North Carolina federal district court's denial of …
The Poisoned Pen of Fort Lyon Prison by Alan Prendergast Bought by the state for a dollar, Fort Lyon is rich in history, asbestos, sick prisoners and trouble. by Alan Prendergast History Lesson #1 In 1829, William Bent headed west to join his older brother in the fur business. William …
Article • January 15, 2008 • from PLN January, 2008
Utah Prisoner Kills Guard During Escape While on Medical Transport by David Reutter by David M. Reutter On June 25, 2007, a Utah state prisoner shot and killed a prison guard while escaping from a hospital where he had been taken to receive an MRI. The escape occurred at the …
Racial Impact Statements as a Means of Reducing Unwarranted Sentencing Disparities by Marc Mauer The extreme racial disparities in rates of incarceration in the United States result from a complex set of factors. Among these are sentencing and drug policies which, intended or not, produce disproportionate racial/ethnic effects. In retrospect, …
US appellate court rejects British victims' suit for Guantánamo torture damages by By John Burton On January 11, the United States Court of Appeals for the District of Columbia Circuit dismissed a case brought by four British citizens seeking money damages to compensate them for having been tortured by the …
Article • January 15, 2008
Taser Shareholders Accept $20 Million in Security Fraud Action Pending Court Approval by On August 9, 2006, Taser International, Inc. (Taser) proposed $20 million in company stock, cash and insurance proceeds to settle shareholder class action and derivative suits pending in the U.S. District Court for Arizona and derivative suits …
Article • January 15, 2008
Filed under: Sentencing, Good Time
Early Release Credit Not Available to Prisoners with ‘Crimes Against Persons’ Convictions by Early Release Credit Not Available to Prisoners with "Crimes Against Persons" Convictions While incarcerated, former Washington State prisoner Roosevelt Silas claimed a constitutional violation for equal treatment under the law when his application for a newly-enacted 50% …
Article • January 15, 2008
Guards’ Individual Immunity a Matter of Bad Faith Intent by Guards' Individual Immunity a Matter of Bad Faith Intent Former Kentucky State prisoner William Sloas' voluntary participation in the Rowan County Jail's work program resulted in his leg being broken in an accident. He brought suit against the county and …
Foreign Fugitive Awards May Fall Under FSIA’S Commercial Activity Sovereign Immunity Exception by Foreign Fugitive Awards May Fall Under FSIA'S Commercial Activity Sovereign Immunity Exception Jose Guevara filed suit against the Republic of Peru and two Peruvian officials in 2001 for failure to fulfill a contract. The suit was removed …
Article • January 15, 2008
Sexual History May Trump Test Results Leading to SVP Classification Despite Castration by California prisoner and sexually violent predator (SVP) Edward Flores appealed a 2005 jury decision to retain him in the state hospital as a civilly-committed sex offender. He claimed that his voluntary castration should render the use of …
Food Deprivation & Pink Clothing Imposed for Violating South Carolina Prison Rules by David Reutter by David M. Reutter South Carolina?s Commissioner of Corrections, Jon Ozmint, has embraced hardcore disciplinary methods to deal with prisoners who violate prison rules. Such punishments include depriving prisoners of food and requiring them to …
Largest Oregon Jail a Cesspool of Misconduct and Mismanagement, Report Finds; Sheriff Faulted and Under Fire by Mark Wilson On November 1, 2006, the Multnomah County District Attorney?s (DA?s) Office in Portland, Oregon released a blistering 63-page report that found systemic, shocking problems in the state?s largest jail system. ?Conservative? …
Article • January 15, 2008 • from PLN January, 2008
Retired Canadian Football-Star-Turned-Prison-Official Faulted by Gary Hunter Ron Stewart endeared himself to Canadian citizens during his years as a star halfback for the Ottawa Rough Riders. He later entered into public service where be served for 26 years, including as a prison oversight official, until he retired in 2004. It …
Article • January 15, 2008 • from PLN January, 2008
Texas Prisoners May Have Right to Extra Storage Space for Religious Materials by Matthew Clarke by Matthew T. Clarke A Texas court of appeals held that state prisoners may have a right to extra storage space for religious materials. Jeffery Balawajder, a Texas state prisoner, brought suit in state court …
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