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Sexual Predator Civil Commitment Detainee May Not Be Housed In Punitive Segregation by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a California sexual predator civil commitment detainee, while awaiting commitment proceedings, is entitled to conditions of confinement that are not punitive. Oscar Jones was …
Article • October 15, 2005 • from PLN October, 2005
First Circuit Upholds Order Privatizing Prison Health Care In Puerto Rico by Michael Rigby The U.S. First Circuit Court of Appeals held that an order governing the privatization of health care in Puerto Rican prisons was valid and did not violate the Prison Litigation Reform Act (PLRA). This case is …
Article • October 15, 2005 • from PLN October, 2005
Filed under: News, News in Brief
News in Brief: by Arizona: On October 4, 2005, three prisoners escaped from the tent city jail in Phoenix. Two of the three escapees were recaptured a day later driving a stolen car. The third escapee was captured two days after escaping. The men climbed over electric fences and razor …
Article • October 15, 2005 • from PLN October, 2005
California Family Visiting Appeal Denied by The California Court of Appeal affirmed the denial of a state prisoner's quest for injunctive and declaratory relief that would have invalidated the 1996 amendments to the Department of Corrections' (CDC) family [overnight] visiting rules excluding him from participation. The case had received much …
Article • October 15, 2005 • from PLN October, 2005
Illinois Jail Conditions Suit Nets $150,000 Attorney Fee Award by An Illinois Federal District Court has awarded attorneys representing prisoners at the Winnebago County Jail (WCJ) $150,000 in attorney fees and costs. This class action suit alleged the conditions at WCJ were unconstitutionally deficient in numerous respects. The suit alleged …
Suit Implicates Washington DOC In Near-Fatal Collision, Drug Use Suspected by Michael Rigby A woman critically injured in a collision caused by an employee of the Washington prison system--reassigned to his home because of suspected drug use--has sued the state Department of Corrections (DOC) for endangering the public. Barbara Starkel …
NY DOC Agrees to Comply with A.D.A. by The New York City Department of Corrections (NYDOC) on Rikers Island has entered into a voluntary compliance agreement that requires it to comply with the American with Disabilities Act (ADA). A NYDOC prisoner filed a complaint with the United States Attorney for …
Article • October 15, 2005 • from PLN October, 2005
California Lifer Claims Parole by Chair Fisher Is Biased While most of California's lifers face a mere 99% chance of being denied parole, murderer Linda Ricchio's odds appear far worse. Her victim, Ronald Ruse, was the brother of newly appointed (and confirmed) Board of Prison Terms (BPT) Commissioner Susan Fisher. …
Prisoners Faced Violent Hazing In Troubled Pennsylvania Jail by by Michael Rigby At least 50 prisoners entering Pennsylvania's Somerset County Jail over a 2-year period were beaten as part of a violent hazing ritual that went unchecked by jail authorities. This combined with serious overcrowding and a history of poor …
Titan Pays $28.5 Million After Pleading Guilty to Three Felonies by Titan Pays $28.5 Million After Pleading Guilty to Three Felonies by Matthew T. Clarke On March 1, 2005, Titan Corp., the largest private supplier of translators for the U.S. military, pleaded guilty to three felony charges and agreed to …
Article • October 15, 2005 • from PLN October, 2005
Report Details General Decline In Death Penalty Statistics For 2003 by Michael Rigby For most of the nation, 2003 was a year of declining death penalty statistics. That year, according to a Bureau of Justice Statistics (BJS) report, the number of death sentences imposed fell to a 30-year low, while …
Reliance Solely On Guard's Version of Incident Improper by In an unpublished decision, the U.S. Sixth Circuit Court of Appeals reversed the summary judgment dismissal of a prisoner's civil rights action against Michigan prison guards holding that the district court had erroneously relied on the guards' version of disputed fats. …
Article • October 15, 2005 • from PLN October, 2005
Filed under: Commentary/Reviews, Reviews
An Expensive Way to Make Bad People Worse:An Essay On Prison Reform from an Insider's Perspective, by Jens Soering, Lantern Books, 2004, $12, 113 pages by An Expensive Way to Make Bad People Worse:An Essay On Prison Reform from an Insider's Perspective, by Jens Soering, Lantern Books, 2004, $12, 113 …
Article • October 15, 2005 • from PLN October, 2005
Accounting Errors Plagued California Criminal Justice Agency by A defunct California agency charged with distributing grant money for crime prevention and victim aid may have cost the state millions in federal funds due to poor accounting practices, state auditors said on February 2, 2005. Lawmakers knew something was wrong at …
Article • October 15, 2005 • from PLN October, 2005
Parole Officers Not Absolutely Immune For Conduct Distinct From Parole Decisions by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that California Department of Corrections (CDC) parole officers were not absolutely immune from suit by a former prisoner who alleged he was re-incarcerated because the officers …
Article • October 15, 2005 • from PLN October, 2005
Nevada Supreme Court Clarifies Personal Injury Exhaustion Requirements by The Nevada Supreme Court held that state prisoners seeking compensation for personal injuries are not required to allege exhaustion of their administrative remedies, nor does the failure to exhaust administrative remedies deprive the trial court of subject matter jurisdiction. Thomas Cotton, …
Article • October 15, 2005 • from PLN October, 2005
Raped New York Prisoner Awarded $25,000 by On August 17, 2004, a New York court of claims awarded $25,000 to a state prisoner who was raped in the shower. While imprisoned at the Sullivan Correctional Facility in Fallsburg, Donald Ramos received a series of letters from another prisoner who was …
Pennsylvania Control Unit Newspaper, Magazine and Photo Ban Invalidated; Supreme Court Grants Review by The Third Circuit Court of Appeals reversed a district court's decision upholding a Pennsylvania prison policy prohibiting a class of segregated prisoners from possessing newspapers, magazines and photographs. The U.S. supreme court granted review in the …
Dismissal of Failure to Protect Claim Reversed; No Showing Necessary to Survive Rule 12(b)(6) Dism by Dismissal of Failure to Protect Claim Reversed; No Showing Necessary to Survive Rule 12(b)(6) Dismissal The Seventh Circuit Court of Appeals reversed a district court's dismissal of a civil committee's failure to protect and …
Article • October 15, 2005
Washington: County Pre-Trial Services Blew $400,000 In 2003 by In 2003, Pierce County, Washington's bloated Pre-Trial Services (PTS) wasted $400,000--nearly half of its 2004 budget of $809,000, according to a preliminary county audit. A division of the Sheriff Department's Corrections Bureau, PTS decides which criminal defendants are eligible for court …
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