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Article • September 15, 2007 • from PLN September, 2007
Refusal to Give Nitro Tablets to Prisoner With Chest Pain Actionable by Matthew Clarke by Matthew T. Clarke The Fifth Circuit court of appeals held that a prisoner with a history of heart trouble who was denied any treatment for his chest pain could sue the nurse who denied him …
Article • September 15, 2007 • from PLN September, 2007
Nevada Psychological Review Panel Hearings Subjected to Open Meeting and Constitutional Due Process Requirements by Matthew Clarke by Matthew T.Clarke In two related cases, the Supreme Court of Nevada held that sex offender certification hearings held by the Nevada Psychological Review Panel (PRP) were subject to the Nevada open meeting …
Article • September 15, 2007 • from PLN September, 2007
Wisconsin Over Detention Suit Not Barred by Rooker-Feldman Doctrine by The Seventh Circuit Court of Appeals reversed a lower court?s dismissal of a prisoner?s suit related to a delay in granting time served credits. The court concluded that plaintiff?s claims were not barred by the Rooker-Feldman doctrine. In 1997, Reginald …
No Qualified Immunity for Ignoring Heart Condition Leading to Prisoner’s Death by No Qualified Immunity for Ignoring Heart Condition Leading to Prisoner's Death The Eighth Circuit Court of Appeals upheld a lower court's denial of qualified immunity to jail officials who ignored a detainee's medical distress, causing his death. Walter …
Article • September 15, 2007 • from PLN September, 2007
Filed under: News, News in Brief
News in Brief: by Colorado: On November 1, 2006, Lashawn Terrell, 36, a guard at the Denver Reception and Diagnostic Center was arrested and charged with raping a female prisoner at the facility over a five month period whenever the prisoner came to work at the facility. Florida: On April …
Article • September 15, 2007 • from PLN September, 2007
O.K. to Ban Suspicious Indiana Sex Offender from Parks by The Seventh Circuit Court of Appeals held that a registered sex offender who had been observed behaving suspiciously could be permanently banned from a city?s parks. Robert Brown, a registered sex offender who had a single conviction for child molestation, …
Management & Training Corp. Struggles to Maintain Market Share by Gary Hunter For-profit private prison operator Management & Training Corporation (MTC) has recently lost lucrative contracts to run prisons in the United States and Canada. While the private prison industry is dominated by industry giants Corrections Corporation of America, Geo …
Sixth Circuit Now Permits § 1983 Complaint to Proceed Even if Prisoner Did Not Initially Plead Exhaustion Below by John Dannenberg by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals has vacated its precedent which held that a prisoner had an affirmative burden to plead exhaustion of administrative …
20 Florida Prison Officials Fired or Suspended After Prisoner Beating, Party by David Reutter by David M. Reutter Continuing his quest to clean up the chronically corrupt Florida Department of Corrections (FDOC), Secretary James McDonough fired or suspended at least 20 officials at Hendry Correctional Institution (HCI) for actions related …
Article • September 15, 2007 • from PLN September, 2007
Ohio Lawyer Suspended for Bilking Prisoners’ Families by Ohio Lawyer Suspended for Bilking Prisoners' Families On November 1, 2006, Ohio's Supreme Court suspended attorney Derek A. Farmer from the practice of law for two years. Admitted to the bar in 1999, Farmer became known as a prisoners' lawyer, maintaining a …
Florida’s Civil Commitment Center Exhibits Little Change Despite New Contractor by David Reutter Florida's Civil Commitment Center Exhibits Little Change Despite New Contractor by David M. Reutter Despite recent scandals and a new private contractor, the Florida Civil Commitment Center (FCCC) is still a facility with little direction other than …
Connecticut Takes Cut of Prisoner Judgments and Inheritances by Matthew Clarke by Matthew T. Clarke Connecticut has enhanced its use of a state law (C.G.S.A. § 18-85a) that allows it to recover costs of incarceration from prisoners, targeting prisoners who benefit from a ?windfall? such as an inheritance, insurance settlement, …
Article • September 15, 2007 • from PLN September, 2007
Florida Homeless Sex Offender Ruling Reversed, FDOC Changes Policy Anyway by David Reutter by David M. Reutter Florida?s Fifth District Court of Appeals has reversed, on procedural grounds, an order by the Volusia County Circuit Court that enjoined the Florida Department of Corrections (FDOC) from engaging in the ?practice of …
Article • September 15, 2007 • from PLN September, 2007
Texas Must Afford Prisoners Due Process in Trust Fund Garnishment by Matthew Clarke by Matthew T. Clarke In an unprecedented decision, a Texas court of appeals held that the state must give a prisoner notice and other due process protection when garnishing his trust fund for payment of criminal fines. …
Article • September 15, 2007 • from PLN September, 2007
Texas Court of Appeals Reverses Termination of Prisoner’s Parental Rights by Matthew Clarke Texas Court of Appeals Reverses Termination of Prisoner's Parental Rights by Matthew T. Clarke A Texas court of appeals held that when terminating a prisoner's parental rights the two-year period of incarceration used to justify the termination …
Article • September 15, 2007 • from PLN September, 2007
Big Brother Monitoring Michigan Sex Offenders by Not satisfied with conventional methods of monitoring sex offenders, Michigan is taking a hi-tech approach. Along with the ubiquitous ?school safety zones? and residency restrictions, concerned citizens can now be notified by email when changes are made to the state?s online sex offender …
China Admits Illegally Harvesting Organs From Executed Prisoners by Gary Hunter China has long been accused of illegally harvesting human organs from its executed prisoners. On November 19, 2006 Deputy Health Minister Huang Jiefu admitted that the suspicions were true. ?Under-the-table business must be banned,? Mr. Huang told a conference …
Article • September 15, 2007 • from PLN September, 2007
Pennsylvania DNA Act Not Ex Post Facto by The Pennsylvania Supreme Court held that the state?s mandatory DNA collection law does not violate state or federal ex post facto prohibitions. The court upheld application of the law to one defendant, finding that she was convicted of a predicate offense. It …
Erroneous Jury Instruction Nets Raped Missouri Prisoner New Civil Trial by The Eighth Circuit Court of Appeals reversed a jury verdict against a prisoner-plaintiff, finding that the lower court erred in responding to a jury question during deliberations. Missouri Department of Corrections (MDOC) prisoner Ronnie Conley was raped repeatedly by …
New Investigative Solution by LexisTracks Sex Offenders, Wherever They Are by LexisNexis, an information industry leader, has created a new advanced investigation solution to track and locate sex offenders. The solution is being touted as a tool for law enforcement to use when a child is abducted. There are over …
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