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Sandin Inapplicable to Pretrial Detainees by Procedural Due Process--Disciplinary Proceedings (920): Sandin does not apply to detainees, who are entitled to procedural due process in disciplinary proceedings. Here there was some evidence because staff said the plaintiff had confessed. Procedural Due Process--Administrative Segregation (921): Placement of an escape risk in …
State Officials Not Liable for Heat Stroke Death of 12 Year Old Boy by State Officials Not Liable for Heat Stroke Deaht of 12 Year Old Boy This is the case of Andrew Lemoine, the 12-year-old boy on antipsychotic medications who died of heat stroke after being made to build …
Article • August 15, 2008
Parolee Subject to Prison Rules Prior to Release by Complaints about fire code violations in a facility operated under contract with the state raised at most an issue of negligence on the part of the city where the facility was located, since the claim turned on their alleged failure to …
Federal Court Rules RFRA Applies to Guantanamo by by Matthew T. Clarke The United States District Court for the District of Columbia ruled that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. 2000bb, et seq., applied to the detention facilities at the U.S. military base at Guantanamo Bay, Cuba. Shafiq …
PRISON IS A CENTRAL FEATURE OF PALESTINIAN LIFE by Audrey Bomse, Esq. Since 1967, when the West Bank and Gaza were first occupied by Israel, over 650,000 Palestinians have been detained for resisting the Israeli Occupation by political, military and other means. This constitutes approximately 20% of the total Palestinian …
Evidence in Arizona Fatal Prisoner Abuse Suit Tailored in In Limine Ruling by The U.S. District Court for the District of Arizona ruled in limine on pre trial evidence following the denial of qualified immunity for Maricopa County Sheriff Joseph Arpaio in a § 1983 suit involving the death of …
Stay Pending Qualified Immunity Interlocutory Appeal Rejected in Arizona Prisoner Death Suit by Maricopa County (Arizona) Sheriff Joseph Arpaio filed a motion to stay litigation pending an interlocutory appeal on the denial of qualified immunity in a lawsuit filed by the parents of Tent City prisoner Phillip Wilson, who was …
Article • August 15, 2008
Black Prisoner Jailed With Violent White Supremacist: $40,000 Settlement by Reginald Swisher was a prisoner in the Travis County Jail in Austin, Texas. He was allegedly celled with another prisoner whom jail officials knew was a white supremacist who had assaulted, injured and maimed several other black prisoners and was …
Alabama Prisoner’s Estate Loses Product Liability Suit by Louis Horn, an Alabama state prisoner, was killed by three other prisoners who picked his cell door lock and beat him to death. His estate filed a product liability case in state court against Southern Steel Co., the firm that made the …
Oregon DOC Food Manager Takes Over $1 Million in Bribes, Feeds Prisoners “Distressed” Food by Mark Wilson During a 2002 interview, Oregon Department of Corrections (ODOC) Food Services Administrator Farhad “Fred” Monem, 49, shook his head in disgust as he criticized government employees who feel a sense of entitlement. “People …
Article • August 15, 2008 • from PLN August, 2008
Los Angeles County Pays $40,000 Damages to Assaulted Prisoner Informant Witness by The County of Los Angeles, California paid $40,000 to a prisoner who was badly beaten in the county jail upon returning from court, by friends of the defendant he had just testified against in a murder trial. In …
Mississippi Jail Prisoner Wins $3,000,000 in Failure to Protect Suit by The Hinds County Board of Supervisors (Board) agreed to settle a three-million-dollar federal lawsuit filed by a former prisoner in the Hinds County Jail after he was left paralyzed by a beating at the hands of other prisoners in …
Oklahoma Pays $844,000 for Comprehensive Performance Audit of DOC by Matthew Clarke by Matt Clarke On January 4, 2008, MGT of America, Inc. released a performance audit of the Oklahoma Department of Corrections (DOC). The 285-page report cost $844,000 and provided several clues as to how the prison system could …
More Prisoners Murdered in Texas Federal Prisons by Gary Hunter Until February 13, 2008, Ronald Joseph, 29, was serving time at a federal penitentiary in Beaumont, Texas for firearm and drug-related convictions. On that date he was found dead in his cell; a preliminary autopsy report indicated he had been …
Article • August 15, 2008 • from PLN August, 2008
Washington Inter-Prison Property-Shipping-Fee Class Action Suit Settles For $1,262,500 by John Dannenberg by John E. Dannenberg Between 1995 and 2005, Washington State Department of Corrections (WADOC) policy 440.000 required prisoners who were being transferred between WADOC prisons to pre-pay the shipping costs of their personal property in excess of two …
Unlocking America, Why and How to Reduce America’s Prison Population, The JFA Institute, November 2007, 32 pp. by John Dannenberg Reviewed by John E. Dannenberg Unlocking America is a study on how to approach the task of reducing America’s prison population (“decarceration”) without compromising public safety. Key factors recommended to …
Article • August 15, 2008 • from PLN August, 2008
Former North Carolina Lawmaker’s Son Submits Highest Bid, Gets Prison Contract by David Reutter Last year, the North Carolina State Bureau of Investigation began examining the award of a prison pest control contract to the son of the state’s former House Speaker. The contract raised questions because the winning bid …
Article • August 15, 2008 • from PLN August, 2008
Maryland Juvenile Justice Official Resigns Over Past Abuse Allegations by David Reutter Just seven months after he was hired as director over Maryland’s juvenile detention facilities, Chris Perkins, 38, resigned his $76,000 a year position when a Montana judge unsealed a report that found Perkins had abused children at a …
Article • August 15, 2008 • from PLN August, 2008
Floor-Sleeping at Los Angeles County Jail Ruled Unconstitutional by John Dannenberg by John E. Dannenberg On September 21, 2007, a California U.S. District Court granted summary judgment in favor of a class of prisoners who had been required to sleep on the floor of the Los Angeles County Jail (“Jail”) …
Article • August 15, 2008 • from PLN August, 2008
Muslim Virginia Prisoner Entitled to 2,200 Calories During Ramadan by A federal district court has issued a preliminary injunction requiring the Virginia Department of Corrections (VDOC) to provide a Muslim prisoner with “food items containing 2,200 calories” daily during Ramadan, a month-long period of religious fasting. This action was brought …
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