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Arizona Law Requires Ineligible Prisoners to Fund Transition Programs by The Arizona Legislature has enacted a law that requires prisoners to pay five percent of their earnings to fund re-entry transition programs. The pay deduction applies to prisoners who are ineligible to participate in such programs because of their crimes. …
Pennsylvania County Jail System Overcrowded, Under-Regulated by David Reutter by David M. Reutter Almost everyone with experience on the incarceration side of America's criminal justice system will tell you they would rather do time in prison than in a jail. The primary reason is that the overall conditions of confinement …
Article • December 15, 2007
NV Prisoner's Right-to-Private-Mental-Health-Consultation Suit to go to Trial by Mark Miller, a Nevada state prisoner, received mental health consultations through his cell door. He filed grievances requesting private consultations, to no avail. He then filed suit in federal district court claiming that the denial of private mental health consultations violated …
Article • December 15, 2007
Off Duty CA Jail Guard Acted Under Color of State Law by Saying He Was a Cop by On July 30, 2001, Thomas Anderson accidentally rear-ended Charles Warner's vehicle. Warner, a Mendocino County Jail Guard, went to Anderson's car and assaulted him. When a crowd gathered, Warner ordered people to …
Article • December 15, 2007
Settlement Agreement Involving New York Principal's Dismissed Disciplinary Actions Ordered Disclosed by New York Jericho Teacher's Association Vice President Anthony LaRocca appealed a State Supreme Court's 1993 dismissal of a petition to disclose settlement documents regarding the discipline of a principal. The dismissal was reversed and a redacted disclosure was …
WI ACLU Overview of Prisoners' First Amendment Rights by Larry Dupuis EASTERN DISTRICT OF WISCONSIN BAR ASSOCIATION Pro Bono Continuing Legal Education Program Prisoner Litigation An Overview of Prisoners' First Amendment Rights March 29, 2007 Larry Dupuis, ACLU of Wisconsin Foundation IMPORTANT NOTE: This outline was prepared in March 2007. …
Article • December 15, 2007
Attica And Coxsackie Riot Tapes' Production Ordered To Media With Appropriate Redaction by The New York Department of Correctional Services (DOCS) appealed an Albany County Supreme Court judgment ordering the disclosure of tapes during uprisings at two correctional facilities. Disclosure was affirmed. The Buffalo Broadcasting Company, Inc., (Media) requested tapes …
Article • December 15, 2007
Deceased Prisoner's Medical Reports Ordered Disclosed To Commission Of Correction Chairman by Chairman of the New York Commission of Correction Alan Croce motioned to compel document production concerning a prisoner's death and treatment. County Department of Health Service Medical Director Jeanne Alicandro, M.D., had denied the request. The court ordered …
Article • December 15, 2007
New York School Construction Authority's Property Acquisition Details Ordered Disclosed by New York attorney Michael Greco petitioned for the disclosure of appraisal and settlement documents involving New York School Construction Authority (Authority) acquisitions. The Authority moved to dismiss but the court ordered the documents produced. The Authority took parcels of …
Article • December 15, 2007
Prisoners' Record Requests Enforceable Under U.S. Constitution and N.Y. Law by Erie County, New York, District Attorney Frank Clark appealed a State Supreme Court ruling granting prisoner Daryl Hillard disclosure of documents regarding his prosecution. The court affirmed the disclosure. Clark refused to produce the documents arguing that a prisoner's …
Article • December 15, 2007
Citizen Who Triggered Investigation Against Baltimore Police Refused Access To Report's Findings by Maryland citizen Kevin Briscoe appealed a 1993 court ruling denying the disclosure of investigative records initiated by his complaint against Baltimore police. The court affirmed nondisclosure because Briscoe was not the subject of the investigation. Briscoe and …
Article • December 15, 2007
Secretary Of Corrections And Parole Commission Chairman Can Release Statutorily Protected Prisoners' Records by Larry Justus of the General Assembly and Parole Commission Chairman (Chairman) Juanita Baker probed the North Carolina Attorney General's Office (AG) for protocol regarding the authority and release of parolee records. The AG instructed them that …
Article • December 15, 2007
In Forma Pauperis Status Does Not Waive Copying Fees When Requesting Records by Pro se Georgia State prisoner Embery McBride petitioned the Appellate Court to review a 1990 court ruling granting the Columbus, Georgia, police chief's (Chief) motion dismissing his action for the deliberate denial of documents. The court ruled …
Article • December 15, 2007
Georgia Sheriff Offers Requested Documents After Legal Action Initiated by Georgia attorney Bruce Millar appealed a 1999 state court denial of his motion for an injunction which would require document production for use in his client's federal suit. The court affirmed the denial because Millar was offered the documents after …
Arizona Jail Sex Results in Charges for Guards, Prisoner by David Reutter by David M. Reutter Sexual relationships involving guards and prisoners in Arizona jails have resulted in criminal charges on both sides of the bars. An investigation at the Yuma County Jail snared three guards and four female prisoners. …
California DOC Settles With Mistreated Diabetic Prisoner For $600,000 by The California Department of Corrections and Rehabilitation (CDCR) settled with a prisoner who had sued for failure to properly treat his diabetic condition that eventually resulted in blindness and amputations. The $600,000 settlement included attorney fees and costs. When Daniel …
Article • December 15, 2007 • from PLN December, 2007
Former Florida Prison Officials Sentenced to Federal Prison by David Reutter by David M. Reutter Former Florida Department of Corrections (FDOC) Secretary James Crosby and his protégé, Allen Clark, have been sentenced to federal prison terms for accepting kickbacks from profits generated from prison visiting park canteens. PLN has previously …
Article • December 15, 2007 • from PLN December, 2007
Scottish Court Holds Prison Phone Call Imprinting Violates European Convention On Human Rights by Lord Glennie of the Court of Session in Edinburgh, Scotland ruled that the blanket policy of imprinting all prisoner originated phone calls with the warning, "This call originates from a Scottish prison" violated the European Convention …
Bail Bond Businesses Getting Black Eye in Texas, California by Gary Hunter It's common knowledge that outside the federal Bureau of Prisons, California and Texas have the largest prison systems in the U.S. So it should come as no surprise that bail bonds are big business in both states. But …
Article • December 15, 2007 • from PLN December, 2007
Pennsylvania Jail Prisoner Assaulted With Hot Water Awarded $50,000 by On December 15, 2006, a federal court awarded $50,000 to a prisoner who was burned with hot water by another prisoner while in a Philadelphia, Pennsylvania, jail. Peter Muse claimed that on April 23, 2004, while he slept, another prisoner …
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