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200 Dead in Brazil Prison Uprisings, Street Violence by Gary Hunter In May 2006, approximately 200 people were killed in Sao Paulo, Brazil as gang members of the Primerio Comando da Capital ? the First Capital Command, known by its Portuguese initials, PCC ? clashed with police in the streets …
California’s “High-Risk” Sex Offender Parolees Ostracized; Parole Official Fired by John Dannenberg California's "High-Risk" Sex Offender Parolees Ostracized; Parole Official Fired by John E. Dannenberg California's 2,000 "high-risk" sex offenders (HRSOs) currently on parole are increasingly being ostracized following relentless publicity as to their whereabouts, forcing parole officials to continuously …
Washington Women’s Prison Healthcare Violations Continue by Washington Women?s Prison Healthcare Violations Continue As we've reported extensively, health care at the Washington Corrections Center for Women (WCCW), has been woefully inadequate for decades. Reform efforts have been underway since 1993, but the more things change, the more they stay the …
Article • January 15, 2007 • from PLN January, 2007
The Prison and Jail Industry—Who Will Run It by Gary Hunter The Prison and Jail Industry--Who Will Run It by Gary Hunter With the huge growth in American prisons between 1980 and 1990, the American Correctional. Association (ACA) went looking in the past to solve both foreseeable and current problems. …
Article • January 15, 2007 • from PLN January, 2007
Washington Prisoners Must Pre-Pay for Record Inspection by The Washington Court of Appeals has affirmed a lower court?s refusal to require the Washington Department of Corrections (WDOC) to allow prisoners to inspect records without pre-payment of copy and postage expenses. WDOC Policy No. 280.510 grants prisoners a right of access …
Article • January 15, 2007 • from PLN January, 2007
Illinois Parole Violators Enforce Revocation Due Process Rights with Consent Decree by John Dannenberg by John E. Dannenberg The class of all Cook County, Illinois parole violators was granted a preliminary injunction by the U.S. District Court, Northern District, Eastern Division, ordering the Illinois Department of Corrections (IDOC) to conduct …
Article • January 15, 2007 • from PLN January, 2007
Filed under: Sentencing, Parole
California Lifer Hearing Backlog Increases Despite Court Order To Catch Up by Marvin Mentor The Marin County Superior Court, which had directed the California Board of Parole Hearings (Board) to take the necessary steps to cut its lifer hearing backlog in 2001 when it was 2,058 hearings behind (and would …
Article • January 15, 2007 • from PLN January, 2007
Vienna Convention Creates Individually Enforceable Rights by Matthew Clarke by Matthew T. Clarke In a ground-breaking decision the Court of Appeals for the Seventh Circuit held that the Vienna Convention on Consular Relations (Vienna Convention) created individual rights to consular notification that may be enforced in a civil action. Thus, …
Article • January 15, 2007 • from PLN January, 2007
Washington Prisoner Sues Over Bogus Disciplinary Actions; State Settles for $1,500 by The Washington State Department of Corrections (DOC) has paid one of its prisoners $1,500 to dismiss a civil rights action he filed after disciplinary actions taken against him were vacated for being unlawful. Lonnie Burton is a Washington …
Article • January 15, 2007 • from PLN January, 2007
Settlement Revamps Grant County, Washington Indigent Defense System; County Agrees to $1.1 Million in Attorney Fees by Grant County, Washington entered into a sweeping settlement to resolve a class-action lawsuit alleging that its indigent defense system was constitutionally deficient. Prior to February 12, 2004, Grant County ?maintained a contract system …
Article • January 15, 2007 • from PLN January, 2007
$214,000 Award for Injuries Caused by Dilantin Deprivation to Michigan Jail Prisoner by A Michigan federal jury awarded a former prisoner $214,000 in damages for injuries caused by policies at the Grand Traverse County Jail that failed to assure she received her Dilantin. The plaintiff in this case, Amy Lynn …
Illegal Strip Searches Cost MTC, New Mexico County $8.5 Million by Michael Rigby Management and Training Corporation (MTC) and Santa Fe County, New Mexico, will pay $8.5 million to settle with an estimated 13,000 former prisoners who were unconstitutionally strip searched at the Santa. Fe County Detention Facility between January …
PLRA’s Mental and Emotional Damage Award Ban Unconstitutional in $219,000 First Amendment Claim by PLRA's Mental and Emotional Damage Award Ban Unconstitutional in $219,000 First Amendment Claim A Michigan federal district court has held that the Prison Litigation Reform Act?s (PLRA) prohibition of mental or emotional damages without physical injury …
Michigan Prisoner Assaulted By Jailers Awarded $2,000 by Michael Rigby On June 9, 2006, the U.S. District Court for the Eastern District of Michigan awarded $2,000 to a prisoner who was beaten by jailers in the Macomb County Jail. While imprisoned at the jail on October 27, 2004, plaintiff William …
Article • January 15, 2007 • from PLN January, 2007
Florida DOC’s Policy Prohibiting Release of Sex Offenders Without Address Unconstitutional by David Reutter Florida DOC's Policy Prohibiting Release of Sex Offenders Without Address Unconstitutional by David M. Reutter In October, 2005, a Florida Circuit Court has held that a Florida Department of Corrections (FDOC) policy that requires a sex …
Article • January 15, 2007 • from PLN January, 2007
Wisconsin “Boondoggled” Into Buying Broken Down New Private Prison by Wisconsin "Boondoggled" Into Buying Broken Down New Private Prison After buying a private prison for $87.1 million, the Wisconsin Legislature is crying foul upon discovering the Stanley prison violates electrical, plumbing, and safety codes that will cost $5 million to …
Article • January 15, 2007 • from PLN January, 2007
New York Prison Worker Not Kidnapped/Raped Long Enough For Compensation by Gary Hunter On December 28, 2004, a 52-year old female employee at New York?s Camp Cass juvenile facility was accosted by 16-year old Michael Elston who choked her, banged her head against a wall and raped her at knife-point. …
Article • January 15, 2007 • from PLN January, 2007
Mississippi Beating Suit Nets $348,960 — Upheld on Appeal by Mississippi Beating Suit Nets $348,960 -- Upheld on Appeal The Fifth Circuit Court of Appeals has upheld a Mississippi district court's award of damages after a bench trial. The civil rights action was brought by Mississippi prisoner Stephen Michael Combs …
Article • January 15, 2007 • from PLN January, 2007
5th Circuit Reverses Texas Prisoner’s Disciplinary Conviction For “Non-Existent” Offense by Michael Rigby 5th Circuit Reverses Texas Prisoner's Disciplinary Conviction For "Non-Existent" Offense by Michael Rigby The U.S. Fifth Circuit Court of Appeals held there was no evidence to sustain a Texas prisoner's disciplinary conviction for assaulting a guard and …
Maryland Disciplinary Rules Violate APA by The Maryland Supreme Court invalidated prison disciplinary ?directives? because they were not adopted in conformity with the State Administrative Procedure Act (APA). Under the Maryland APA, all state agencies must follow certain procedures when adopting ?regulations? as defined by the APA. The APA excludes …
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