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Article • May 15, 2006 • from PLN May, 2006
Sixth Circuit: RLUIPA Held Constitutional Under the Spending Clause by by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals, acting on remand from the U.S. Supreme Courts recent ruling (Cutter v. Wilkinson, 125 S.Ct. 2113 (2005); PLN, July 2005, p.30) (Cutter II) that the Religious Land Use and …
California DOC Diverts $480,000 of Drug Treatment Money for Movie Studio by The California Department of Corrections and Rehabilitation (CDCR), while overrunning its 2005 $6.4 billion state budget by $543 million, nonetheless diverted $480,000 of unspent drug treatment money to a private foundation to create a movie studio. The Amity …
Texas Prisoner Writers Retaliation Lawsuit Proceeds by David Reutter Texas Prisoner Writers Retaliation Lawsuit Proceeds by David M. Reutter A Texas federal district court has granted in part and denied in part prison officials motion to dismiss Texas prisoners lawsuit alleging he was retaliated against for having articles published criticizing …
Article • May 15, 2006 • from PLN May, 2006
Filed under: Medical, Medication, Staffing
Robots Package Medications for Jails by In a 21st Century move designed to both save $1 million per year and improve the accuracy of drug dispensing in county jails, Contra Costa County, California has hired robots to replace pharmacists and nurses in the packaging and dispensing of medications to prisoners …
Florida's Juvenile Justice: Convicted Sex Offender Rapes Disabled Youth in His Care by Once again, Florida's Department of Juvenile Justice (DJJ) is under close scrutiny for failing to protect a severely mentally disabled teenager from sexual abuse. At the center of this scandal is Robert, an orphan with the mind …
$150,000 Paid to Indiana Juvenile Jail Detainee for Sexual Assault by Following an Indiana federal district courts denial of summary judgment to the Marion County Sheriff, the Sheriff settled the matter by giving $150,000 to a pretrial juvenile detainee that was raped in the Marion County Jail (MCJ). Seventeen-year-old Ryan …
Article • May 15, 2006 • from PLN May, 2006
Sixth Circuit Reverses Judgment for EMSA Physician, Remands for Trial by The Sixth Circuit Court of Appeals has reversed a grant of summary judgment to a physician employed by EMSA Correctional Care, Inc (EMSA) in an Ohio pretrial detainees inadequate medical care claim. On October 5th or 6th, 1998, James …
Article • May 15, 2006 • from PLN May, 2006
BOP Sexually Explicit Materials Ban Requires Factual Development by The Third Circuit Court of Appeals Reversed a district courts dismissal of a federal prisoners challenge to the Ensign Amendment, which prohibits federal prisoners from receiving sexually explicit materials. The Ensign Amendment was first passed by Congress in 1997 and prohibits …
Article • May 15, 2006 • from PLN May, 2006
Conviction Rates Low After DNA Match by For years now, the U.S. government and individual states have been pushing for wider DNA testing and bigger databases to make matches with crime scene evidence. The Bush administration proposed to spend $1 billion to expand testing. The question now is how effective …
Article • May 15, 2006 • from PLN May, 2006
Filed under: Telephones, Telephone Rates
Montana Awards New Prison Phone Contract by The State of Montana has contracted with Public Communications Services (PCS), Inc. to provide phone services to prisoners in the Department of Corrections, according to a January 3, 2006 press release. PCS holds itself out as a bargain for both the DOC and …
Article • May 15, 2006 • from PLN May, 2006
Jury Awards $858,200 in California Jail Suicide by On February 22, 2006, a federal jury sitting in Sacramento found San Joaquin County, and Dr. Robert Hart, MD., liable for the death of Maurice Shaw in August of 2000. Shaw, who suffered from schizophrenia, was arrested on a minor drug charge …
Article • May 15, 2006 • from PLN May, 2006
Former Illinois Death Row Prisoners Malicious Prosecution Claim Rejected by Former Illinois Death Row Prisoners Malicious Prosecution Claim Rejected A Chicago jury has rejected former death row prisoner Anthony Porters claim that Chicago police conspired to frame him for a double murder he did not commit. Porter was sentenced to …
Article • May 15, 2006 • from PLN May, 2006
Los Angeles County Jail Continues To Over-Incarcerate by John Dannenberg by John E. Dannenberg After paying $27 million (up to $5,000 per plaintiff) to settle class action lawsuits in 1991 for failing to timely release prisoners from county jail (see PLN, Jan. 2003, p.14), Los Angeles (L.A.) County is still …
Article • May 15, 2006 • from PLN May, 2006
New York Prisoner Awarded $2,760 for Improper Confinement/Denial Medical Care by New York Prisoner Awarded $2,760 for Improper Confinement/Denial Medical Care The New York Court of Claims in Rochester has awarded prisoner Patrick Vaughn $2,760 on his claim that he was unlawfully confined and that his medical condition was not …
Article • May 15, 2006 • from PLN May, 2006
Reproductive Rights in Theory and Practice: The Meaning of Roe v. Wade for Women in Prison by Rachel Roth Reproductive Rights in Theory and Practice: The Meaning of Roe v. Wade for Women in Prison by Rachel Roth In 1973, when the Supreme Court handed down its decision in Roe …
Neglected New York Prisoner Dies At Jail Following Heart Surgery by Michael Rigby Laura Woolseys biggest fear was dying in jail. But thanks to the inept care provided her at New Yorks Schenectady County Jail, that fear was tragically realized. Woolsey, 39, died at the jail on August 3, 2005, …
Arizona Prisoners Mortality Report Confidentiality Not Federally Protected by John Dannenberg Arizona Prisoners Mortality Report Confidentiality Not Federally Protected by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals declined Maricopa County, Arizonas invitation to keep mortality reports on prisoners confidential. Charles Agster was arrested and booked into the …
Article • May 15, 2006 • from PLN May, 2006
U.S. Prison Population Hits Nearly 2.3 Million In 2004 by Michael Rigby The U.S. reached a new milestone in 2004: the imprisonment of nearly 2.3 million citizens, according to a report by the Bureau of Justice Statistics (BJS) released in October 2005. On December 31, 2004, 2,267,787 men, women, and …
Article • May 15, 2006 • from PLN May, 2006
Filed under: Mail, Mail Regulations
BOP Prohibition Against Stock Selling and Receipt of Book Infringes Constitutional Rights by BOP Prohibition Against Stock Selling and Receipt of Book Infringes Constitutional Rights The Seventh Circuit Court of Appeals has held that a federal prisoners suit seeking damages for the refusal to allow him to contact his stockbroker …
Brief • May 15, 2006
Mccoy v Delarosa Tx Response Tdcj Motion Summary Judgement 2006 Asthma Death UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION L.J. MCCOY, et. al Plaintiffs v. ANN-MARIE DE LA ROSA, et. al. Defendants ' ' ' ' ' ' CIVIL ACTION NO. 05-CV-370 PLAINTIFFS’ RESPONSE TO DEFENDANT …
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