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No Qualified Immunity for Michigan Prisoner’s Heat-Dehydration Death by No Qualified Immunity for Michigan Prisoner's Heat-Dehydration Death The Sixth Circuit Court of Appeals affirmed the denial of qualified immunity to eleven prison officials in the isolation, dehydration and death of a Michigan prisoner. A "heat alert" was issued for Ionia …
Still More Murder and Mayhem in Maryland by Michael Rigby "Lock them up and throw away the key." Like the rest of the nation, this overriding penal philosophy in Maryland has led to a criminal justice system that is defunct at every level. The state's adult prisons are "in crisis." …
Article • February 15, 2007 • from PLN February, 2007
From the Editor by Paul Wright This month's cover story is by long time PLN contributing writer Mike Rigby. I am pleased to announce that in December, 2006, Mike was released from the Texas Department of Criminal Justice after 13 years of imprisonment. He will continue contributing articles to PLN …
Confronting Confinement, A Report On Safety and Abuse In America’s Prisons, Vera Justice Institute (2006), 118 pp. by John Dannenberg Confronting Confinement, A Report On Safety and Abuse In America's Prisons, Vera Justice Institute (2006), 118 pp. Reviewed by John E. Dannenberg The Commission on Safety and Abuse in America's …
Sacramento Jail Rampant with Excessive Force and Brutality by Gary Hunter Imagine six million candles of light and the noise level of a jet plane taking off inside an average 6'x10' jail cell. That's what Courtney Countee, Jessie Kerwin, Daniel Lucas, Jason Morrison, Cladius Jefferson and Michael Toro endured at …
Bureau of Prisons Begins Certifying Sexually Dangerous Persons by David Beneman BOP has a new tool authorized this summer as part of the Adam Walsh Act. BOP may now ?certify? prisoners as ?sexually dangerous persons? (SDP). Certification can occur prior to sentencing, or at any time after the commencement of …
New York’s Prison System Infested With Drugs by David Reutter New York's Prison System Infested With Drugs by David M. Reutter The most glaring result of America's war on drugs has been the explosion of the nation?s prison population. Over 75 percent of all prisoners are either doing time for …
High Ranking Louisiana Prison Official Pleads Guilty to Federal Charges by Gary Hunter On June 29, 2006, Louisiana prison administrator James H. Leslie, 55, was formally indicted on federal charges of tampering with a witness. The indictment was returned on February 16, 2006 but remained sealed so as not to …
Article • February 15, 2007 • from PLN February, 2007
5-Point Restraints = Excessive Force + Due Process Violation Results in $25,000 Virginia Damage Award by A federal court in Virginia held that subjecting a prisoner to five-point restraints for 46-48 hours on five occasions was cruel and unusual punishment. It also found the lack of procedural protections deprived the …
Article • February 15, 2007 • from PLN February, 2007
California Habeas Handbook, Expanded 5th Edition, by Attorney Kent Russell, Sept. 2006, 114 pages plus appendix, soft cover by John Dannenberg Reviewed by John E. Dannenberg Three years after publishing his 67 page 4th Edition of the California Habeas Handbook (CHH) [see: PLN, Jan. 2004, p.18], Attorney Kent Russell has …
Article • February 15, 2007 • from PLN February, 2007
Correct Rx a New Major Player in the Prison Drug Industry by Gary Hunter Pharmaceutical drug distributors have found a future and a fortune in our nation?s prison system. Record rates of incarceration equal record profits for drug companies. One enterprising pharmacist has made herself a major player in the …
The Warehousing of New Hampshire’s Mentally Ill by David Reutter The Warehousing of New Hampshire's Mentally Ill by David M. Reutter Despite over 30 years of litigation, mentally ill prisoners at the New Hampshire State Prison (NHSP) are still not receiving care to treat their conditions. In fact, with NHSP …
Article • February 15, 2007 • from PLN February, 2007
Seizure of Washington Prisoners’ Cash at Jail Booking Unconstitutional by Michael Rigby Seizure of Washington Prisoners' Cash at Jail Booking Unconstitutional by Michael Rigby On August 29, 2006, a, federal district court in Washington held that a state law allowing jails to confiscate money from prisoners during booking without notice …
Article • February 15, 2007 • from PLN February, 2007
Prison TB 10 Times Higher Than Non-Prison Cases by The number of Tuberculosis (TB) cases in correctional populations far outpaced the general population between 1993 and 2003, according to a study published in the American Journal of Public Health. TB case rates in the general population remained at fewer than …
Article • February 15, 2007 • from PLN February, 2007
Fulton County Reinstates Deputies Fired in Killing Rampage by After the March 11, 2005 killing rampage by Brian G. Nichols at an Atlanta courthouse, Fulton County Sheriff Myron Freeman talked tough about punishing officers who failed to perform their duties or lied during the ensuing investigation. He initially followed through …
$400,000 Wrongful Death Settlement After San Diego Jailers Hog-Tied Prisoner by John Dannenberg by John E. Dannenberg The County of San Diego, California agreed in September 2006 to pay $400,000 to settle an excessive-force wrongful-death lawsuit brought by the family of a prisoner who died on February 2, 2001 in …
Article • February 15, 2007 • from PLN February, 2007
1997 Changes in Pennsylvania Commutation Law Held Ex Post Facto by John Dannenberg by John E. Dannenberg The U.S. District Court for the Middle District of Pennsylvania held that a 1997 state ballot constitutional amendment, which modified Pennsylvania?s commutation laws to require a unanimous vote rather than a simple majority …
Article • February 15, 2007 • from PLN February, 2007
Filed under: Mail, Mail Regulations
Summary Judgement Reversed on Illinois Outgoing Mail Ban by The Illinois Court of Appeals held that prison officials violated a prisoner?s First Amendment free speech rights by refusing to allow him to mail an investigative report out of the prison. Illinois prisoner Gene Arnett and two other prisoners attempted to …
Federal Court Compels Activation of California DOC Mental Health Crisis Beds; Approves New $111 Million Mental Care Hospital by John Dannenberg by John E. Dannenberg California?s 16-year-old prisoner mental health federal lawsuit (originally, Coleman v. Wilson) was given new and urgently needed life on May 2, 2006 when a frustrated …
Cleaning up Mississippi’s Supermax: Conditions Suit Settled by David Reutter Cleaning up Mississippi's Supermax: Conditions Suit Settled by David M. Reutter A class action lawsuit filed on behalf of prisoners at the Mississippi State Penitentiary at Parchman charged that the totality of conditions are so "hellish" that it makes "Unit …
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