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Publication • April 17, 2006
State of Washington DOC Contract-FSH Communications, LLC Amendment No. 3 ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMjj:NT AND ASSUMPTION AGREEMENT (the (the · . A--y•s, U, ,i,,,,,i "Assignment'') is made as of "Effective Date") by and between FSH Communications, LLC, a Delaware limited liability company ("FSH" or "Assignor''), Value Added Communications, …
Article • April 15, 2006 • from PLN April, 2006
PLRA Doesnt Alter FRCP 23 Class Certification Analysis by PLRA Doesnt Alter FRCP 23 Class Certification Analysis The Tenth Circuit Court of Appeals held that the Prison Litigation Reform Act (PLRA) does not change, limit or add new elements to the class certification and analysis of Fed.R.Civ.P. 23. The court …
Article • April 15, 2006 • from PLN April, 2006
Appointment of Counsel Satisfies Access to Courts Requirement by The Second Circuit Court of Appeals held that the appointment of counsel is a valid means of fully satisfying a state constitutional obligation to provide prisoners, including pretrial detainees, with access to the courts[.] The court also held that constitutionally acceptable …
No Qualified Immunity on Toothpaste, Inhaler & Ventilation Claims by The Seventh Circuit Court Of Appeals upheld a district courts denial of qualified immunity to jail officials on claims of denial of toothpaste, withholding asthma inhaler and inadequate ventilation. In 1984, two Indiana men disappeared. Neither the men nor their …
Georgia Prisons: A Blight On The Peach State by Michael Rigby During the Civil War, General William Tecumseh Shermans devastating march through the South was a blight on Georgia and all who lived there. Today, the safety of many Georgians particularly the 50,000 confined in the states 37 prisons is …
Article • April 15, 2006 • from PLN April, 2006
Texas Counties Set To Raid State Prisoners Trust Fund Accounts by Texas Counties Set To Raid State Prisoners Trust Fund Accounts by Matthew T. Clarke Partially in response to legislation making it mandatory by 2007 for Texas counties to establish programs to collect fines, costs, restitution and fees from Texas …
Article • April 15, 2006 • from PLN April, 2006
From the Editor by Paul Wright Welcome to another issue of PLN. Readers may have noticed that we have kicked off PLNs annual subscription madness campaign where we allow folks to purchase multiple gift subscriptions for people who are not current PLN subscribers. This is a great way to let …
Colorado DOC s Medical Oversight Found Remiss by G.A. Bowers An independent auditor found the Colorado Department of Corrections (CDOC) to be lax in its oversight of medical care contractors. In April 2005, Navigant Consulting, Inc., reported the results of its audit, commissioned by the Colorado State Auditor, of the …
Former Georgia Parole Chairman Loses Appeal of Corruption Conviction by by Gary Hunter Former Georgia parole board chairman Bobby K. Whitworth launched a last-ditch attempt, in the Georgia Court of Appeals, to thwart his felony conviction for corruption. He failed. Whitworths tenure with the Georgia prison system is replete with …
CSC Pays Public Defender Social Worker $125,000 for Rape in Juvenile Facility by A former social worker with the Baltimore public defenders office in Maryland, who said she was raped by a 15-year-old boy she was a visiting at the Charles H. Hickley, Jr. School settled a civil lawsuit on …
Article • April 15, 2006 • from PLN April, 2006
Weary California Prison Gang Members Increasingly Opt Out for Solace of Sensitive Needs Yards by Weary California Prison Gang Members Increasingly Opt Out for Solace of Sensitive Needs Yards Imprisoned California gang members are increasingly tiring of doing hard time to satisfy gang leaders demands to enforce dogmatic, self-serving obeisance …
Cell-Block Beatdown: Do Boston Prisoners Have Any Chance of Holding Abusive Prison Guards Responsible? Signs Are Not Promising by David S. Bernstein Cell-Block Beatdown: Do Boston Prisoners Have Any Chance of Holding Abusive Prison Guards Responsible? Signs Are Not Promising by David S. Bernstein Stories about prison guards beating up …
Article • April 15, 2006 • from PLN April, 2006
Continued Reliance on Commitment Offense to Deny California Lifers Parole Denies Federal Due Proces by Marvin Mentor Continued Reliance on Commitment Offense to Deny California Lifers Parole Denies Federal Due Process by Marvin Mentor The U.S.D.C. (E.D. Cal.) granted habeas relief to a California lifer whose parole had been repeatedly …
PHS Pays $350,000 to Settle Claim for Over-Medication Death of Florida Jail Prisoner by Prison Health Services (PHS) has, once again, entered into a pretrial settlement to pay the family of a prisoner who died from the negligent care provided by PHS at Floridas Leon County Detention Center (LCOC). The …
Article • April 15, 2006 • from PLN April, 2006
Petty Stone Cold Kickbacks KO Government Employees Nationwide by by Mark Wilson Stone Cold Chemicals, (SCC), sells cleaning products to government agencies, and it is really cleaning up. Company founder Thomas Stone admits to training his sales force to offer premiums (i.e., bribes and kickbacks) to government purchasing agents to …
Article • April 15, 2006 • from PLN April, 2006
Georgia Legislature Awards Wrongly Convicted Man $1 Million by In its 2005 session, the Georgia Legislature awarded Clarence Harrison $1 million for loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his nearly 18 years of incarceration and expenses and …
Article • April 15, 2006 • from PLN April, 2006
Minnesota County Settles Suit over Untreated Appendicitis for $225,000 by On August 25, 2005, the U.S. District Court for the District of Minnesota approved a $225,000 settlement to a Minnesota prisoner whose appendicitis went untreated at the Douglas County Jail. Jeremiah Bratsch, 21, suffered stabbing pains in his lower right …
Dismissal of Medical and Retaliation Claims Reversed by Bob Williams The United States Court of Appeals for the Fourth Circuit, in an unpublished opinion, has reversed a lower courts dismissal of deliberate indifference claims in a prisoners denial of medical treatment for hepatitis C plus pancreatic and gout disorders. The …
State Auditor Blasts Colorado DOC's Private Prison Oversight Failures by Matthew T. Clarke by Matthew T. Clarke In June 2005, the Colorado State Auditor released its April 2005 report of the performance audit of private prisons contracted by the Colorado Department of Corrections. The report strongly criticized the private prisons …
Article • April 15, 2006 • from PLN April, 2006
California DOC Settles Racially Determinative Housing Suit by John Dannenberg by John E. Dannenberg Upon remand from the U.S. Supreme Court (Johnson v. California, 125 S.Ct. 1141 (2005)), the California Department of Corrections and Rehabilitation (CDCR) entered into a settlement agreement with plaintiff prisoner Garrison Johnson wherein CDCR agreed to …
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