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Lujan v. CCA, CO, August Deposition Exhibits - Prison Riots (2006)
Brief • August 17, 2006
Filed under: Private Prisons, Corrections Corporation of America/CoreCivic, Injury -- Misc., Failure to Protect (General), Security Systems, Pepper Spray/Tear Gas
Lujan v. CCA, CO, August Deposition Exhibits - Prison Riots (2006) ~ ~·· MEEK & & ASSOCIATES Certified Shorthand Reporters Pueblo, CO 81004 317 Argyle Ave. Ave. Pueblo, (719) 542-1010, 1-800-233-6335, FAX (719) 542-3617 DEPOSITION EXHIBITS from LUJAN VS. CCA & 18th, 2006 August 17th & Richard Selman, Chad Kastelic, …
Harris v. Terrell, KS, Order, Bivens complaint, 2006
Brief • August 17, 2006
Filed under: Due Process
Harris v. Terrell, KS, Order, Bivens complaint, 2006 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS SETH H. HARRIS, SR., Plaintiff, v. CASE NO. 06-3202-SAC DUKE TERRELL, et al., Defendants. O R D E R Plaintiff, a prisoner confined in the United States Penitentiary in Leavenworth, Kansas, …
News in Brief:
Article • August 15, 2006 • from PLN August, 2006
Filed under: News, News in Brief
News in Brief: by Arizona: On February 23, 2006, Jamie Wanek, a guard at the Maricopa county jail in Phoenix was charged with 57 felony and misdemeanor counts of having sex with a jail prisoner Joshua Lopez, 30, and bringing him alcohol, drugs and other contraband. Lopez has also been …
Actual Innocence Required in Washington Criminal Malpractice Actions
Article • August 15, 2006 • from PLN August, 2006
Filed under: Attorneys, Malpractice (Attorneys)
Actual Innocence Required in Washington Criminal Malpractice Actions by Actual Innocence Required in Washington Criminal Malpractice Actions In a 5-4 decision, the Washington Supreme Court held that plaintiffs suing criminal defense attorneys for legal malpractice must prove that they are innocent of the underlying criminal charge. Dr. Jessy Ang and …
I Wake Up in Middle-of-Night Terror
Article • August 15, 2006 • from PLN August, 2006
Filed under: Commentary/Reviews
I Wake Up in Middle-of-Night Terror by Erika Huggins next to the warm sleeping body of my lover yet alone in the conviction that I am in a prison cell shut away, suddenly, from all that makes my life. I sense the great weight of the prison pressing down on …
Guards Rape of Prisoners Rampant, No Solution in Sight
Article • August 15, 2006 • from PLN August, 2006
Filed under: Sexual Assault, Prisoner-Prisoner Assault
Guards Rape of Prisoners Rampant, No Solution in Sight by Gary Hunter Psychologists will quickly tell you that rape is not about sex. It's about power. It's about imposing one's will on another. It's about masking feelings of inadequacy with intimidation about artificially inflating one's low self esteem by abusing …
From the Editor
Article • August 15, 2006 • from PLN August, 2006
Filed under: Staff-Prisoner Assault, Commentary/Reviews, Editorials
From the Editor by Paul Wright The sexual assault of prisoners is one of the largest problems in American prisons and jails today (the lack of adequate medical care is probably the biggest). As regular readers of PLN know, we have had extensive and ongoing coverage of prison rape issues …
Texas Court of Criminal Appeals Reinvigorates DNA Testing Law
Article • August 15, 2006 • from PLN August, 2006
Filed under: Searches, DNA Testing/Samples, Habeas Corpus
Texas Court of Criminal Appeals Reinvigorates DNA Testing Law by Matthew T. Clarke The Texas Court of Criminal Appeals (CCA) handed down a decision that removed previous restrictions against prisoners seeking DNA testing to prove their innocence. Billy James Smith, a Texas state prisoner, filed a motion for DNA testing. …
$769,000 Awarded For Death of Asthmatic Virginia Jail Prisoner
Article • August 15, 2006 • from PLN August, 2006
Filed under: Correctional Physician Services, Medical, Respiratory, Medical Neglect/Malpractice
$769,000 Awarded For Death of Asthmatic Virginia Jail Prisoner by On May 11, 2005, a jury in Portsmouth City, Virginia, awarded $769,000 to the family of an asthmatic prisoner who died in the city jail due to inadequate medical care. While serving a five day sentence in the Portsmouth jail …
No Qualified Immunity for Retaliatory Transfer; Jury Awards $219,000 in Damages
Article • August 15, 2006 • from PLN August, 2006
Filed under: Retaliation, Retaliation for Filing Grievances, Retaliatory Transfers, Attorney Client, Qualified Immunity
No Qualified Immunity for Retaliatory Transfer; Jury Awards $219,000 in Damages by The Sixth Circuit Court of Appeals has held that a guard is not entitled to qualified immunity for initiating a retaliatory prison transfer against a prisoner who had complained to the guards supervisor that the guard failed to …
California Third-Level Administrative Appeals May Be Filed with Prison Appeals Coordinator
Article • August 15, 2006 • from PLN August, 2006
Filed under: Administrative Exhaustion (PLRA), Civil Procedure, Administrative Exhaustion, Mail Regulations
California Third-Level Administrative Appeals May Be Filed with Prison Appeals Coordinator by John Dannenberg by John E. Dannenberg The Solano County Superior Court ordered that when a California Department of Corrections (CDC) prisoner files a third (Director) level administrative appeal, he need not mail it via U.S. Mail to the …
Ohio Pre-S.B. No. 2 Indeterminately Sentenced Prisoners Who Took a Plea are Entitled to Meaningful N
Article • August 15, 2006 • from PLN August, 2006
Filed under: Sentencing, Parole
Ohio Pre-S.B. No. 2 Indeterminately Sentenced Prisoners Who Took a Plea are Entitled to Meaningful N by John E Dannenberg Ohio Pre-S.B. No. 2 Indeterminately Sentenced Prisoners Who Took a Plea are Entitled to Meaningful New Parole Hearings by John E. Dannenberg The Ohio State Court of Appeals, Tenth Appellate …
Ninth Circuit Holds Prisons Not Immune In ADA and RA Suit
Article • August 15, 2006 • from PLN August, 2006
Filed under: Federal Statutory Law, Americans with Disabilities Act, Rehabilitation Act
Ninth Circuit Holds Prisons Not Immune In ADA and RA Suit by The Ninth Circuit Court of Appeals held that state prisons are not entitled to Eleventh Amendment immunity from suits brought by prisoners under the Americans with Disabilities Act (ADA). Billy Ray Phiffer, an Oregon state prisoner, filed suit …
Alabama Clarifies Prisoners Right to Call Witnesses At Disciplinary Hearing
Article • August 15, 2006 • from PLN August, 2006
Filed under: Disciplinary Hearings, Liberty Interests, Witnesses (Disciplinary Hearings)
Alabama Clarifies Prisoners Right to Call Witnesses At Disciplinary Hearing by Matthew T. Clarke Alabama Clarifies Prisoners Right to Call Witnesses At Disciplinary Hearing by Matthew T. Clarke The Court of Criminal Appeals of Alabama held that prison officials may not use excuses such as off duty or unable to …
RLUIPA Bars Total Ban on Melanic Literature
Article • August 15, 2006 • from PLN August, 2006
Filed under: Gang Policies, Injunctions (PLRA), Federal Statutory Law, RLUIPA, Publications/Books, Religious Property
RLUIPA Bars Total Ban on Melanic Literature by A Michigan federal district court has entered an injunction that bars the Michigan Department of Corrections (MDOC) from continuing a total ban on Melanic literature, requiring MDOC officials to screen such literature to ensure prohibited materials are prevented entry into MDOC prisons. …
California Supreme Court Resolves Conflict From Concurrent Sentences With Different Credit Earning R
Article • August 15, 2006 • from PLN August, 2006
Filed under: Sentencing, Good Time
California Supreme Court Resolves Conflict From Concurrent Sentences With Different Credit Earning R by John Dannenberg California Supreme Court Resolves Conflict From Concurrent Sentences With Different Credit Earning Rates by John E. Dannenberg The California Supreme Court held that when a prisoner is sentenced to two concurrent prison terms, the …
Washington Courts Authority to Order Community Custody Limited
Article • August 15, 2006 • from PLN August, 2006
Filed under: Sentencing, Parole
Washington Courts Authority to Order Community Custody Limited by Washington Courts Authority to Order Community Custody Limited A Washington Appeals Court has held that an amended statute limits a trial courts ability to sentence criminal defendants to community custody in only specified offenses. The matter was on appeal after a …
Prisoner Rape Is Torture
Article • August 15, 2006 • from PLN August, 2006
Filed under: Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Statistics/Trends, Standing, International Law, Federal Legislation
Prisoner Rape Is Torture by Stop Prisoner Rape The U.S. has arrived at a critical moment of truth in addressing the sexual violence that plagues its prisons and jails. The failure of Departments of Corrections nationwide to prevent sexual abuse behind bars and to adequately respond to those who have …
Ohio Woman Raped by Guard Awarded $625,000
Article • August 15, 2006 • from PLN August, 2006
Filed under: Sexual Assault, Staff-Prisoner Assault, Supervisory Liability
Ohio Woman Raped by Guard Awarded $625,000 by On September 15, 2005, a federal jury in Columbus, Ohio, awarded $625,000 to a woman who was fondled and digitally raped by a guard at the Ohio Reformatory for Women (ORW). In November 1996, while serving a 1-year sentence at ORW for …
European Court of Human Rights Voids UKs Blanket Bans On Prisoner Voting
Article • August 15, 2006 • from PLN August, 2006
Filed under: Voting, International, Prisoners-International
European Court of Human Rights Voids UKs Blanket Bans On Prisoner Voting by Matthew Clarke European Court of Human Rights Voids UKs Blanket Bans On Prisoner Voting by Matthew T. Clarke On October 6, 2005, the European Court of Human Rights issued a Grand Chamber Judgment holding that Britains blanket …
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