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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 …
Audit Reveals Continuing “State of Chaos” at Hawaii Youth Prison by Audit Reveals Continuing "State of Chaos" at Hawaii Youth Prison The Hawaii Youth Correctional Facility (HYCF) is in non-compliance with most of the American Correctional Association (ACA) "Standards for Juvenile Correction Facilities," according to a 2007 security audit. HYCF, …
As New Regulations Limit Organ Transplants from Executed Chinese Prisoners; South Carolina Allows Organ Donations by Prisoners by In November 2006, China finally admitted that most of the human organs used to satisfy the burgeoning number of transplant-seeking foreigners came from executed prisoners. ?Apart from a small portion of traffic …
Article • January 15, 2008 • from PLN January, 2008
Oklahoma Jail Dodges $700,000 in Fines by Gary Hunter On November 28, 2006, the Bryan County Jail in Oklahoma was fined $15,000 by a local judge for health inspection violations. Both the district attorney and jail officials were elated with the ruling. The reason they were happy was because the …
CCA-Run Immigrant Family Detention Center in Texas Violates Settlement Conditions by Matthew Clarke by Matt Clarke On April 9, 2007, a federal district court in Texas held that the conditions of confinement at a privately-run facility used by Immigration and Customs Enforcement (ICE) to hold families detained due to immigration …
$195,000 Paid to Family of Slain Florida Prison Guard by David Reutter by David M. Reutter The Florida Department of Corrections (FDOC) has agreed to pay $195,000 to the family of murdered prison guard Darla Kay Lathrem, 38. PLN previously reported the incident. [See: PLN, April 2006, p.42]. Lathrem was …
Los Angeles Jail Canteen Audit: Contractor Rakes In $640,213 Excess Profits by John Dannenberg by John E. Dannenberg Compass Group USA, Inc. doing business at the Los Angeles County Jail as Canteen Services (Canteen), was booked by the county auditor for extracting $640,213 in excess profits from its gross prisoner …
Seventh Circuit Rejects Federal Prisoner’s Necessity Defense by Seventh Circuit Rejects Federal Prisoner's Necessity Defense The Seventh Circuit found that a federal prisoner had failed to prove the requisite elements of the "necessity" defense in a prison weapon possession prosecution. In 1992, David Sahakian was sentenced to 360 months in …
Eleventh Circuit Condemns One-Sentence Qualified Immunity Denial Order by The Eleventh Circuit Court of Appeals has reversed an Alabama federal district court?s order denying jail officials? motions to dismiss on qualified immunity ground, admonishing the district court for only entering ?one sentence orders denying? the motions. Kevin Danley sued under …
Article • January 15, 2008 • from PLN January, 2008
$25,000 Settlement in Miami False Arrest, Strip Search Suit by While driving in Florida?s Miami-Dade County, a 32-year-old female was pulled over for allegedly following another car too closely. The Miami-Dade County police officer arrested her for an outstanding warrant for driving with an invalid driver?s license. She was arrested …
Article • January 15, 2008 • from PLN January, 2008
Filed under: Organizing, Voting
Some Australian Prisoners Entitled to Vote by The High Court of Australia has held that a 2006 law prohibiting prisoners serving a sentence of less than three years from voting was invalid under the Commonwealth Constitution. The special action before The High Court challenged the Commonwealth Electoral Act amendment of …
Article • January 15, 2008 • from PLN January, 2008
Filed under: Civil Procedure, Complaints
Summary Dismissal of Court Access Claim Reversed by The Seventh Circuit Court of Appeals reversed a lower court?s sua sponte dismissal of a prisoner?s access-to-courts lawsuit for failure to state a claim. The appellate court also held that the prisoner was entitled to amend his complaint. Indiana prisoner Kenneth Marshal …
Article • January 15, 2008 • from PLN January, 2008
Fourth Circuit Finds Virginia Prisoner’s Religious Exercise Claim Meritorious by Michael Rigby Fourth Circuit Finds Virginia Prisoner's Religious Exercise Claim Meritorious by Michael Rigby The U.S. Fourth Circuit Court of Appeals vacated and remanded a district court?s grant of summary judgment to prison officials who had denied a Virginia prisoner …
Article • January 15, 2008 • from PLN January, 2008
Michigan Anti-Civil Rights Amendment Declared Unconstitutional by John Dannenberg by John E. Dannenberg The U.S. District Court for the Eastern District of Michigan declared unconstitutional a March 2000 amendment to Michigan?s Elliot-Larson Civil Rights Act (ELCRA), which had stripped prisoners from protection against discrimination. This important ruling, which is being …
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