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BOP Guards Smuggle Sperm for Mobsters by Gary Hunter BOP Guards Smuggle Sperm For Mobsters by Gary Hunter On March 1, 2002, the U.S. District court for the Middle District of Pennsylvania denied the motion of a mobster's wife requesting the return of her incarcerated husband's sperm. Circumstances leading to …
No Administrative Exhaustion in Idaho Child Support Modification by The Idaho Court of Appeals ruled that Idaho prisoners may seek judicial review of Magistrate Court orders setting monthly child support obligations, without first exhausting administrative remedies. Charles Smith was a prisoner at the Idaho State Penitentiary from 1995 until 2001. …
Article • June 15, 2003 • from PLN June, 2003
Incarcerated Father Retains Child Visitation Rights by The Arizona Court of Appeals recently held that an incarcerated father had a right to visits with his infant daughter, absent proof that such visitation would harm the child. Michael M. is the father of Corianna M. Both Michael and Corianna's mother lost …
Article • May 15, 2003 • from PLN May, 2003
The Parents' Project: Parent-Child Prison Visitation Issues Raised by Bazzetta, et. al. v. McGinnis, et. al. by Denise Johnston by Denise Johnston & Michael Carlin In 1999, the Michigan Department of Corrections [MDOC] imposed a broad set of restrictions upon parent-child prison visitation. These restrictions included prohibition of visits to …
Article • May 15, 2003 • from PLN May, 2003
No Right to Artificial Insemination by John E Dannenberg by John E. Dannenberg The US Court of Appeals for the Ninth Circuit ruled that the right to procreate is fundamentally inconsistent with incarceration, thereby upholding a California state prison policy disallowing a prisoner from sending a sperm specimen to his …
Article • November 15, 2002 • from PLN November, 2002
The Parents' Project Advocacy for Incarcerated Fathers: What's Missing? by Denise Johnston Denise Johnston & Michael Carlin T.L. had a son with a woman who lived in another part of his home state. He had little contact with the woman after the baby's birth, and never met her family. When …
Article • November 15, 2002 • from PLN November, 2002
Michigan Visiting Ruling Upheld by In an opinion as strongly worded as the District Court opinion it reviewed, the Sixth Circuit Court of Appeals has upheld a Federal District Court ruling striking down the Michigan Department of Corrections (DOC) severe visiting restrictions as unconstitutional. PLN reported the District Court decision …
Article • November 15, 2002 • from PLN November, 2002
A Sentence of Their Own by Hans Sherrer Directed and Produced by Edgar A. Barens (2001), 64 minutes, VHS video, $125 Review by Hans Sherrer Produced in the form of a home video, A Sentence of Their Own documents the negative impact of a man's 1996 seven-year prison sentence on …
Article • August 15, 2002 • from PLN August, 2002
The Parents' Project by Denise Johnston by Denise Johnston and Michael Carlin According to the U.S. Department of Labor, more than 25% of the nation's adult population lives with a criminal record for a substantial portion of their lives. The majority of these adults are parents. The Center for Children …
Court Issues TRO Protecting Constitutional Right to Family Relationships by David Reutter by David M. Reutter A federal district court in New York has issued a Temporary Restraining Order (TRO) barring enforcement of a condition of probation prohibiting a female probationer from having contact with her child's father, DaShawn Johnson. …
Texas Jail Chaplain Rapes Female Prisoners by A federal district court in Texas held that genuine issues of material fact precluded summary judgment on a female prisoner's claims under 42 U.S.C Section 1983 arising from her being raped by a jail chaplain and retaliated against for speaking out about the …
Article • July 15, 2002 • from PLN July, 2002
Texas Prisoners Have No Absolute Right to Appear in Civil Cases by by Matthew T. Clarke A court of appeals in Texas has ruled that Texas prisoners have no absolute right to personally appear at legitimation hearings, though they do have the right to appear by affidavit, telephone, or other …
Article • June 15, 2002 • from PLN June, 2002
Collateral Damage: The Children of Prisoners by Tom Lowenstein Carlos Kelly was six years old when, in December of 1991, his mother, Caridad, was arrested by federal agents in Florida for conspiracy to distribute cocaine. "I remember it was, like, me and my stepbrothers and sisters, we was all gathered …
$540,000 Settlement in Minnesota Jail Beating by Robert Woodman In October 2001, Hennepin County, Minnesota, agreed to pay $540,000 to settle a brutality suit against the county jail. It is believed to be the largest brutality settlement in county history. On September 4, 2000, Derek Martin, 43, was arrested on …
$3.54 Million Paid For Falsely Imprisoning Unconvicted Mentally-Incapacitated California Man For Two Years In New York by John E Dannenberg A mentally incapacitated misdemeanant detainee at the Los Angeles County, California, jail was unlawfully extradited to New York, where he was imprisoned for two years in the Green Haven Correctional …
Summary Judgment Denied in Oklahoma Jail Beating by A federal district court in Oklahoma has denied summary judgment against a pretrial detainee's failure to protect and deliberate indifference to medical needs claims. On September 5, 1995, John Winton was booked into the Tulsa County Jail on shooting charges that were …
Failure to Protect Confidential Informant Not Deliberate Indifference by The Court of Appeals for the Second Circuit held that the conduct of a county, when housing a prisoner with another prisoner against whom he had acted as a confidential informant, did not rise to the level of an Eighth Amendment …
BOP Guards Smuggle Sperm by In October, 2000, federal prison guards Troy Kemmerer and Todd Swineford were arrested and indicted for accepting money to help smuggle cryogenic sperm kits to a New York City fertility clinic. The investigation began over two years ago when convicted hit man Kevin Granato sat …
Article • September 15, 2001 • from PLN September, 2001
Washington Supreme Court Upholds 35% Seizure Law by Roger Smith Washington Supreme Court Upholds 35% Seizure Law; But Prisoners Entitled To Interest From Mandatory Savings Accounts The Washington Supreme Court has declared RCW § 72.09.480 to be constitutional. The statute directs the Washington Department of Corrections (DOC) to seize 35% …
Kansas 2-Year Visiting Restriction Unauthorized by The Kansas Court of Appeals held that a 2 year suspension of a prisoner's visiting privileges was not authorized by the visiting rules. Derrick Davis, a prisoner at Lansing Correctional Facility received two disciplinary reports alleging that he engaged in lewd conduct with his …
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