Search | Prison Legal News

BJS Releases Statistics on Vets in Prison in 2004

Article • December 15, 2007 • from PLN December, 2007

Filed under: Crime/Demographics, Statistics/Trends, Veterans

BJS Releases Statistics on Vets in Prison in 2004 by Veterans were about half as likely as non-veterans to be imprisoned in 2004, but more than twice as likely to be serving time for a sex offense, the U.S. Bureau of Justice Statistics said in a report released on May …

Eighth Circuit Holds Sweat Patches Generally Reliable

Article • December 15, 2007 • from PLN December, 2007

Filed under: Searches, Drug Testing, Probation

Eighth Circuit Holds Sweat Patches Generally Reliable by The Eighth Circuit court of appeals held that sweat patches were a sufficiently reliable method of determining drug usage to support federal probation revocation. Mark Lou Meyer, a federal prisoner, appealed an Iowa federal district court?s revocation of his probation. Two conditions …

News in Brief:

Article • December 15, 2007 • from PLN December, 2007

Filed under: News, News in Brief

News in Brief: by Arizona: On June 6, 2007, Phoenix police arrested Loren Williamson, 33, a guard at the Federal Correctional Institution in Phoenix on charges that he raped a girl repeatedly for six years from the time she was six years old until the date of his arrest. Arizona: …

Arizona Law Requires Ineligible Prisoners to Fund Transition Programs

Article • December 15, 2007 • from PLN December, 2007

Filed under: Prison Labor, Rehabilitation/Recidivism, Seizure of Prisoner Funds, News, State Legislation

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

Article • December 15, 2007 • from PLN December, 2007

Filed under: Staff-Prisoner Assault, GEO Group/Wackenhut, Civigenics, Primecare Medical, Guard Misconduct, Threats by Staff, Jail Misconduct, Organizing, Prison Rebellion, Systemic Medical Neglect, Skin, OB/GYN, Criminal Prosecution, Failure to Protect (General), Overcrowding, Guard Brutality/Beatings, Wrongful Imprisonment, Medical Neglect/Malpractice, Suicides, ACA, State Legislation

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 …

NV Prisoner's Right-to-Private-Mental-Health-Consultation Suit to go to Trial

Article • December 15, 2007

Filed under: Mental Health, Failure to Treat (Mental Illness)

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 …

Off Duty CA Jail Guard Acted Under Color of State Law by Saying He Was a Cop

Article • December 15, 2007

Filed under: Misconduct/Corruption, Guard Misconduct, Guard Brutality/Beatings, Parties

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 …

Settlement Agreement Involving New York Principal's Dismissed Disciplinary Actions Ordered Disclosed

Article • December 15, 2007

Filed under: Education, Settlements, Disclosure of Records, Guards/Staff, Employee Litigation

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

Article • December 15, 2007

Filed under: Retaliation for Filing Grievances, Grooming Rules, Court Access, Prisoner Legal Assistance, Law Library Access/Adequacy, Religious Freedom Restoration Act, RLUIPA, Publications/Books, Sexually Explicit Materials, Mail Regulations, Due Process, Legal Mail, Attorney Visits, Access to Media, Censorship, Required Religious Programming, Religious Grooming, Religious Diet, Denial of Religious Services, Religious Practices, Religious Property

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. …

Attica And Coxsackie Riot Tapes' Production Ordered To Media With Appropriate Redaction

Article • December 15, 2007

Filed under: Prison Rebellion, Disclosure of Records, Media

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 …

Deceased Prisoner's Medical Reports Ordered Disclosed To Commission Of Correction Chairman

Article • December 15, 2007

Filed under: Medical, Medical Records, Disclosure of Records, Suicides

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 …

New York School Construction Authority's Property Acquisition Details Ordered Disclosed

Article • December 15, 2007

Filed under: Prisoner Privileges, Education, Settlements, Disclosure of Records

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 …

Prisoners' Record Requests Enforceable Under U.S. Constitution and N.Y. Law

Article • December 15, 2007

Filed under: Criminal Prosecution, Civil Procedure, Disclosure of Records

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 …

Citizen Who Triggered Investigation Against Baltimore Police Refused Access To Report's Findings

Article • December 15, 2007

Filed under: Police Misconduct, Civil Procedure, Disclosure of Records, Res Judicata

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 …

Secretary Of Corrections And Parole Commission Chairman Can Release Statutorily Protected Prisoners' Records

Article • December 15, 2007

Filed under: Civil Procedure, Disclosure of Records, Parole

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 …

In Forma Pauperis Status Does Not Waive Copying Fees When Requesting Records

Article • December 15, 2007

Filed under: Criminal Prosecution, Court Access, Photocopies, Costs, Disclosure of Records, Filing Fees

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 …

Georgia Sheriff Offers Requested Documents After Legal Action Initiated

Article • December 15, 2007

Filed under: Police Misconduct, Civil Procedure, Disclosure of Records, Discovery, Mootness

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

Article • December 15, 2007 • from PLN December, 2007

Filed under: Sexual Assault, Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Criminal Prosecution

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

Article • December 15, 2007 • from PLN December, 2007

Filed under: Vision, Diabetes, Amputations, Clothing, Federal Statutory Law, Americans with Disabilities Act, Rehabilitation Act

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 …

Former Florida Prison Officials Sentenced to Federal Prison

Article • December 15, 2007 • from PLN December, 2007

Filed under: Guard Misconduct, DOC/BOP misconduct, Crime/Demographics, Criminal Prosecution

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 …