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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 …
Article • September 15, 2007 • from PLN September, 2007
Illinois Parole Board Pays Nearly $11,000 in Attorney Fees, Can Only Charge Reasonable Postage and Copying Costs by On February 7, 2007, the Appellate Court of Illinois ruled that because the Illinois parole board had wrongfully withheld documents and charged outrageous fees for copies, it was liable for attorney fees …
Article • September 15, 2007 • from PLN September, 2007
Forced Work in Dangerous Washington Prison Job Conditions States Eighth Amendment Claim by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that known dangerous prison working conditions can give rise to an Eighth Amendment cruel and unusual punishment claim, even where the prisoner ?volunteered? …
CCA Fined for Florida Jail Escape; County Commission Poised to Impose More Fines by After a series of escapes, prisoner suicides and thefts by employees over the past year, Corrections Corporation of America (CCA) promised it would take action to prevent similar incidents at Florida?s Hernando County Jail (HCJ). The …
Article • September 15, 2007 • from PLN September, 2007
California: Disciplinary Conviction Upheld Where Petitioner Argued Only Violation of Constitutional Rights, Not State Law Rights by John Dannenberg Strictly construing the U.S. Supreme Court's "some evidence" rule, the California Court of Appeal held that where one cellmate had secreted contraband razor blades in his cell property, his cellmate could …
Bivens Claims Against Private Prison Employees May Fail When Other Remedies Available by In an evenly divided en banc rehearing, the United States Court of Appeals for the Tenth Circuit was unable to decide whether a Bivens action is available against employees of a privately?operated prison. In 2001, Cornelius E. …
Article • September 15, 2007 • from PLN September, 2007
California Sexual Predator Commitment Requires Trial; Cannot be Based on Civil Discovery Admissions by The California Court of Appeal, District 4, held that the civil commitment of sexual predators (Cal. Welfare and Institutions Code § 6600 et seq.) cannot be obtained upon admissions propounded under civil discovery rules. To do …
Fulton County Jail Consents to Improve Dismal Conditions by David Reutter The Fulton County Jail (FCJ) has entered into an agreement to correct the “dismal environmental conditions and poor maintenance” at the facility. A Georgia federal district court approved a consent order on February 7, 2006 to solidify the badly …
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