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Article • July 15, 2007 • from PLN July, 2007
Retroactive Application of Missouri Sex Offender Registration Law Banned by Missouri's Supreme Court has held that the state's "Megan's Law" cannot be retroactively applied to persons convicted prior to January 1, 1995. The ruling affects about half of the people previously required to register as sex offenders, but allows information …
Policy of Hiring Trained Medical Professionals Does Not Immunize County from Municipal Liability in Wrongful Jail Death; Case Settles for $475,000.00 by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that where a Los Angeles County Jail prisoner died of allegedly deficient medical attention, …
Article • July 15, 2007 • from PLN July, 2007
Washington Supreme Court Reverses Parole Denial by In a shocking five-to-four decision, the Washington Supreme Court, for the first time ever, reversed a parole denial by the state Indeterminate Sentence Review Board (Board). The Court found that the Board had ignored evidence at Richard Dyer?s December 4, 2002 parole hearing …
Fifth Circuit: No FLSA Minimum Wage for Texas Prisoners by The Fifth Circuit Court of Appeals held that the Fair Labor Standards Act (FLSA) did not apply to Texas prisoners working in Texas state prisons. Douglas Loving, a Texas state prisoner, filed a civil rights suit under 42 U.S.C. § …
Article • July 15, 2007 • from PLN July, 2007
Filed under: Classification
California Prisoner Permitted to Challenge Oppressive Prison Conditions Absent Physical Injury; Ruling Later Voided by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals reversed a U.S. District Court (N.D. Cal.) ruling that had misinterpreted 42 U.S.C. § 1997e(e) to require physical injury in order to …
Illinois Administrative Remedies Exhausted When Prison Officials Lost Grievance by The Seventh Circuit Court of Appeals has held that an Illinois prisoner ?took all steps necessary to exhaust? his administrative remedies when prison officials misplaced his timely grievance and did not instruct him to re-file an ?untimely grievance.? On March …
Article • July 15, 2007 • from PLN July, 2007
Texas County Jail Settles Sex Assault Suits For Undisclosed Sum by On December 22, 2006, Goliad County, Texas, agreed to settle with a prisoner who claimed she was raped by a guard at the county?s jail in September 2001. Under the agreement the county will pay a confidential amount to …
Article • July 15, 2007 • from PLN July, 2007
Prison Skin-Art Pared From Canadian Budget by Gary Hunter An innovative plan to prevent the spread of communicable diseases in Canadian prisons has been axed by Canada?s Conservative government. In 2005, $350,000 in startup funds plus $600,000 for operating costs were allocated to implement a safe-tattoo program in six federal …
Article • July 15, 2007 • from PLN July, 2007
North Carolina Women Prisoners Work Call/Bulk Mail Centers For Slave Wages by For slave wages, prisoners incarcerated at the North Carolina Correctional Institution for Women are working for the North Carolina Department of Commerce, processing bulk tourism mailings and manning a 24/7/364 call center that also acts as the backup …
Article • July 15, 2007 • from PLN July, 2007
California Ban On Hardcover Books Held Unconstitutional by John Dannenberg by John E. Dannenberg The U.S. District Court (N.D. Cal.) held that the policy by California?s Pelican Bay State Prison (PBSP) Security Housing Unit of banning prisoners? possession of hardcover books violated their First Amendment rights. During the course of …
Article • July 15, 2007 • from PLN July, 2007
Florida Newspaper Revokes Permission to Post Article Critical of Judge by Shortly after the Miami Daily Business Review (DBR) was designated as ?the record newspaper for Courthouse publications,? the DBR revoked permission for an unflattering article about Broward County?s Chief Judge Dale Ross to be posted on a defense attorney …
Article • July 15, 2007 • from PLN July, 2007
Prisoner’s Death Following Failure To Give Intake Medical Examination Settled By Los Angeles County For $700,000 by John Dannenberg Prisoner's Death Following Failure To Give Intake Medical Examination Settled By Los Angeles County For $700,000 by John E. Dannenberg The Los Angeles County Claims Board settled a wrongful death lawsuit …
Article • July 15, 2007 • from PLN July, 2007
Florida Eliminates DNA Testing Deadline by During its 2006 Legislative session, the Florida Legislature enacted a law that eliminates deadlines for when prisoners can request DNA testing. That law comes on the heels of numerous prisoners being released from death row and imprisonment on lesser sentences for crimes they did …
Article • July 15, 2007 • from PLN July, 2007
$5 Million Jury Award Against Doctor in Death of Michigan Prisoner by A federal jury awarded $5,000,000 to the estate of a deceased state prisoner who died after a prison psychiatrist prescribed him psychotropic medication without conducting a proper evaluation. Ozy Vaughn was a Michigan state prisoner who suffered from …
Texas Prison Chief Escapes Sex Charges, Convicted of Lesser Offenses by Gary Hunter On March 31, 2006, in a Walker County courthouse, Salvador ?Sammy? Buentello pleaded guilty to a felony charge of unlawful restraint and five counts of official oppression. Buentello, 50, had been the assistant director of gang affairs …
Article • July 15, 2007 • from PLN July, 2007
California Lifers’ Parole Reversals Tossed by Two State Appellate Courts by Marvin Mentor California Lifers' Parole Reversals Tossed by Two State Appellate Courts by Marvin Mentor An infirm, 82-year-old lifer's reversal by Governor Schwarzenegger of the Board of Parole Hearing's (BPH) grant of parole was itself overturned by the California …
Article • July 15, 2007 • from PLN July, 2007
Arizona Enacts Three Strikes Law, Again by The Arizona Legislator and Governor have continued exploiting the ?get tough on poor criminals? bandwagon, enacting SB 1444, in April, 2006, a law that requires a life sentence for any person convicted of a third violent felony. That law prohibits ?suspension of sentence, …
San Francisco Civil Grand Jury Cites Continuing Jail Deficiencies by John Dannenberg by John E. Dannenberg In November 2005, the jurors of the San Francisco Grand Jury inspected city and county jails and found longstanding unremediated problems of inadequate budgets, staffing shortages, overcrowding and high (40%) recidivism rates. The Jury …
Three Failures To Segregate Vulnerable Jail Prisoner Costs Los Angeles County $44,000 by On November 21, 2006, Los Angeles County paid a thrice-injured jail prisoner $44,000 to settle a tort claim for the injuries he sustained on three occasions when he was placed in general population housing and beaten by …
Article • July 15, 2007 • from PLN July, 2007
Los Angeles County Pays Informant $80,000 For Failed Witness Protection by The County of Los Angeles (L.A.), California paid $80,000 in January 2007 to a prisoner for the injuries he suffered when attacked in a supposedly witness-protected section of the L.A. County Jail. Shane Wilson was housed in the K-10 …
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