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Article • March 15, 2006 • from PLN March, 2006
Sixth Circuit Upholds Michigan Ban On Prisoner Appeals of Discretionary Denials of Parole by The Sixth Circuit U.S. Court of Appeals upheld Michigan's lately revised statute that forecloses state prisoners from challenging discretionary denials of parole. Because the former availability of such a challenge had led to thousands of mostly …
Article • March 15, 2006 • from PLN March, 2006
New Jersey Settles Prisoners Freedom of Religion Suit by New Jersey Settles Prisoners Freedom of Religion Suit On November 14, 2005, the state of New Jersey settled a prisoners civil rights lawsuit by paying him $2,000 and allowing him to practice the Wicca religion and to receive related literature and …
Article • March 15, 2006 • from PLN March, 2006
California DOC Watched Over by Toothless Bureau of Independent Review by While Californias $7.4 billion Department of Corrections and Rehabilitation (CDCR) continues to report solely to the Governors Secretary of Corrections, the CDCR is also being overseen by the Bureau of Independent Review (BIR), reporting to the Governor. The good …
Article • March 15, 2006 • from PLN March, 2006
COPS Program Fails To Arrest Crime, Funding Improprieties by by Michael Rigby Police chiefs and politicians across the nation have hailed the Community Oriented Policing Services (COPS) program as largely responsible for the sharp drop in crime that began in the mid-1990s, USA Today recently reported. But now--10 years and …
Florida Closes Scandal Ridden Girls Facility, Takes Over Control of Another Juvenile Facility by Only five years after it was opened, legislators have shut down the scandal ridden Florida Institute for Girls (FIG) built at a cost of $7.9 million, FIG will remain empty until Floridas Department of Juvenile Justice …
Article • March 15, 2006 • from PLN March, 2006
Withholding Legal Mail States Legal Access Claim by by Bob Williams The United States Court of Appeals for the Tenth Circuit has held that withholding legal mail while a prisoner is out to court states a colorable claim for denial of legal access because it impedes efforts to pursue litigation. …
Nebraska Supreme Court Reverses Dismissal of Prisoners Drug Testing § 1983 Claim by Nebraska Supreme Court Reverses Dismissal of Prisoners Drug Testing § 1983 Claim The Nebraska Supreme Court reversed a lower courts dismissal of a prisoners 42 U.S.C. § 1983 action, finding that he stated a cognizable claim for …
Article • March 15, 2006 • from PLN March, 2006
Theft of Prisoners Book by Guards Valid Legal Basis for Texas Civil Suit by Theft of Prisoners Book by Guards Valid Legal Basis for Texas Civil Suit A Texas court of appeals has held that a claim that two Texas state prison guards removed a law book from a prisoners …
Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA by Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA The Fourth Circuit Court of Appeals reversed a district courts award of $35,934.66 in attorneys fees, costs, and expenses under the …
Court Orders Mob Boss Released from SHU by A New York federal district court has ordered a federal pretrial detainee released from administrative detention into general population because the government had other means of preventing him from communicating with the members of his crime family. Vincent Basciano moved pursuant to …
New York Jail Detainee Awarded $233,000 in Damages and Fees for Excessive Force Claim by David Reutter by David M. Reutter A New York federal district court reduced a jurys damage award in a prisoners civil rights action alleging excessive force by guards. The total award came to $165,000 and …
Article • March 15, 2006 • from PLN March, 2006
Civil Commitment of Massachusetts Sex Offenders Expanding by by Michael Rigby Massachusetts prosecutors are using recent changes in state law to expand the number of sex offenders imprisoned through civil commitment, and it's costing taxpayers millions. In 2004 and 2005, the Massachusetts legislature and Governor Mitt Romney greatly expanded the …
Article • March 15, 2006 • from PLN March, 2006
Filed under: Private Prisons, Financing
Avalon Correctional Services Delisted From NASDAQ by On February 3, 2005, Avalon Correctional Services, Inc., announced that it had filed Form 15 with the Securities and Exchange Commission (SEC) to terminate the company's common stock pursuant to the Securities and Exchange Act of 1934 (SEA). This allows Avalon to cease …
Article • March 15, 2006 • from PLN March, 2006
Filed under: Sentencing, Parole
California Lifer's Understanding of Plea Agreement Does Not Create Entitlement to Parole by In 1984, Peter Honesto committed a murder in the course of kidnapping and robbery, exposing him to California's death penalty or life without parole. He accepted a plea agreement for 17-life for second degree murder. When later …
Article • March 15, 2006 • from PLN March, 2006
Florida DOC's Copy Cost Assessment Rule Declared Invalid by David Reutter by David M. Reutter Florida's First District Court of Appeal has held the Florida Department of Corrections (FDOC) does not have legislative authority to support its rule regarding the amount prisoners are charged for photographic copying services, authorizing deductions …
Article • March 15, 2006 • from PLN March, 2006
York County, Maine, Settles Class Action Strip-Search Suit for $3,300,000 by In April 2005, York County, Maine, agreed to settle for $3,300,000 a class action lawsuit alleging the county maintained an unconstitutional policy of strip-searching all pre-arraignment detainees in the York County Jail regardless of the charge against them. Plaintiffs …
Michigan Jail Settles Suicide Suit for $280,000 by On June 6, 2004, Wayne County, Michigan, agreed to pay $280,000 to settle a lawsuit filed by the family of a county prisoner who committed suicide days after he was attacked by another prisoner. Jose Perez was arrested on December 27, 2000, …
Article • March 15, 2006 • from PLN March, 2006
New Jersey's Legal Mail Policy Enjoined; Qualified Immunity Granted by A New Jersey federal district court has held that a prison policy of opening legal mail outside of prisoners' presence is unconstitutional, but that prison officials are entitled to qualified immunity from damages. This civil rights action was brought by …
Pre-Trial Defendant Released on Recognizance Is Not Subject to Warrantless Search Without Probable C by Pre-Trial Defendant Released on Recognizance Is Not Subject to Warrantless Search Without Probable Cause by John E. Dannenberg In a case of national first impression, the Ninth Circuit U.S. Court of Appeals held that when …
Los Angeles County Pays Prisoner $42,500 for Legal Malpractice by Public Defender by by John E. Dannenberg The County of Los Angeles paid $42,500 to settle a legal malpractice claim brought by a prisoner who suffered state prison plus felony disenfranchisement upon an unlawful conviction. In October 1992, Jose Castro, …
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