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Public, Private Prison Escapes in Ohio by Gary Hunter On May 11, 2006, Ohio state prisoner Marrion P. Smith was shot in the head by prison guard Gary Myers during a foiled escape attempt. Smith had been transported from the Mansfield Correctional Institution to the Ohio State University Medical Center, …
Article • December 15, 2007 • from PLN December, 2007
Sudden Rise in New Jersey Prison Guard Firings by Matthew Clarke by Matt Clarke The number of New Jersey state prison system employees terminated for disciplinary reasons rose from 33 in 2005 to 69 in 2006. 52 of the 2006 firings are final; 17 are on appeal. The reasons for …
Michigan’s Solution to Prisoner Healthcare: Close the Prison by David Reutter Michigan's Solution to Prisoner Healthcare: Close the Prison by David M. Reutter In December 2006, a federal district court found the Michigan Department of Corrections (MDOC) in contempt in the long-running Hadix case, and ordered prison officials to submit …
Article • December 15, 2007 • from PLN December, 2007
FBI Investigates Arkansas Guard Violence by In June 2006, the FBI began a civil rights investigation into a prisoner's beating administered by guards at the Maximum Security Unit in Tucker, Arkansas. The investigation, surprisingly, was requested by prison officials. The officials were investigating an incident that occurred in the prison's …
Article • December 15, 2007 • from PLN December, 2007
Sentenced to Science: One Black Man’s Story of Imprisonment in America, by Allen M. Hornblum by Greg Dober Sentenced to Science: One Black Man's Story of Imprisonment in America, by Allen M. Hornblum Published by Pennsylvania State University Press, 232 pages, 16 illustrations, Cloth Bound, $24.95 Book Review by Greg …
Article • December 15, 2007 • from PLN December, 2007
$4,500 Jury Award in Delayed Medical Treatment of Illinois Prisoner Upheld by The Seventh Circuit Court of Appeals has held that "verifying medical evidence" to support a prisoner's delayed medical treatment claim can come from the prisoner's medical records and the prisoner. That ruling came in the appeal of prison …
Article • December 15, 2007 • from PLN December, 2007
PLN Files Censorship Suit Against Fulton County Jail in Georgia by On October 22, 2007, Prison Legal News filed a lawsuit in U.S. District Court for the Northern District of Georgia against Fulton County and Sheriff Myron Freeman, due to a Fulton County Jail policy that prohibits prisoners from receiving …
Article • December 15, 2007
Oregon Protesters Awarded $845,000 in Excessive Force Actions by The City of Portland agreed to pay $300,000 in damages and $545,000 in attorney's fees to twelve protesters who brought excessive force actions against the Portland Bureau. On August 22, 2002, President Bush visited Portland, Oregon. As a Republican fundraiser was …
Article • December 15, 2007
PLRA 150% Attorney Fee Cap Applies to All Attorney Work, Including Appellate Work by The Sixth Circuit Court of Appeals has held "that the PLRA applies to all attorney fees generated by a prevailing party -- trial, post-trial, and on appeal." The PLRA, or Prison Litigation Reform Act, limits attorney …
Article • December 15, 2007
$250,000 Settlement Received in Massachusetts Police Beating by After mediation with a federal magistrate, a Boston man agreed to drop his excessive force suit against Worcester City, Massachusetts in exchange for $250,000 in 2006. Charles Evangelista sued the city and six police officers after suffering a ruptured bladder while being …
Public Has Right to Investigative Reports from Wyoming Prisons by A Wyoming federal district court has held that the public has a right and responsibility to review investigative reports of incidents at the Wyoming Sate Prison (WSP). The Court's ruling comes in a class action suit initiated by WSP prisoner …
Article • December 15, 2007
Michigan: $3.3 Million Settlement for 9 Years Wrongful Imprisonment by On September 5, 2005, a man who spent nine years in prison for a rape he didn?t commit settled with the Township of Clinton, Michigan, for an approximate total of $3,338,160. Kenneth Wyniemko was convicted in 1994 of raping and …
Article • December 15, 2007
Alabama Court Allows City Clerk's Addition To Records Request Statute by Alabama citizen and suit representative Kay Blankenship appealed a 1991 court ruling delaying her petition for injunction and allowing Hoover City Finance Director Richard Smith to require written reasoning for public records requests. Blankenship refused to comply and brought …
Article • December 15, 2007
Alabama Court Orders Birmingham Police Department, City Council Audit Reports Disclosed by Birmingham, Alabama, City Council Director Hoyt Bedingfield appealed a permanent court injunction grant to the Birmingham News Company (media) requiring the production of two internal audit reports. The court affirmed judgment because the reports were "public writings" subject …
Tennessee Public Records Act Requires Fees For Copying, Production by Pro se Tennessee State prisoner Omawali Shabazz, aka Fred Dean, appealed a 1999 ruling denying certain documents and requiring fees for others. Dean had brought an action to compel the production of documents from various Tennessee Department of Corrections personnel, …
Article • December 15, 2007
Pregnant Woman’s Ingestion of Cocaine Not Delivery to Her Baby in Texas by Pregnant Woman's Ingestion of Cocaine Not Delivery to Her Baby in Texas by Matthew T. Clarke On February 14, 2007, the Texas Court of Criminal Appeals (CCA) held that a pregnant woman who ingested cocaine did not …
Article • December 15, 2007
Texas Prisoners Have No Lawful Right To Their Own Records by Pro se Texas State prisoner Kenneth Hickman appealed a court's dismissal of his action to compel Warden David Moya to produce records regarding an alleged false prison report. The court affirmed judgment dismissing his action as frivolous. After his …
Article • December 15, 2007
8th Circuit Upholds Federal DNA Collection Statute by Ray Kraklio, a federal parolee, was directed to provide a blood sample for DNA testing. He refused, and his parole officer moved the federal district court to amend his conditions of release to require him to provide the blood sample. Over Karklio's …
South Carolina Litigation Act Does Not Apply to Post-conviction Proceedings by South Carolina state prisoner Stacy Wade pled guilty to various drug charges. Without filing a direct appeal, he filed for post conviction relief (PCR) for allegedly being coerced into the plea bargain. Wade's testimony of coercion at his PCR …
Warrantless Arrest Warrants Prompt Probable Cause Hearing, Abused Innocent Detainee Prevails by Mistakenly accused Chicago resident Joseph Lopez was arrested with probable cause after a witness identified him in a shooting that killed a 12 year old boy. After the actual murderer confessed, Lopez filed suit for constitutional violations. The …
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