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Article • October 15, 2005
Court Allows Amendment, Adding New Defendants to Brutality Suit by The plaintiff sued over excessive force and now seeks to amend to add new defendants after the statute of limitations had run. Claims against new defendants relate back for limitations purposes only if they were not named because of a …
New Zealand Court of Appeals Upholds Prisoner's Conditions-of-Confinement Award by On September 11, 2005, the New Zealand Court of Appeals upheld and increased the award of compensation to a prisoner for having been held in unlawful conditions of confinement. Christopher Taunoa, a New Zealand prisoner who is serving a life …
Article • October 15, 2005
Many U.S. Prisoners Give Birth In Chains by Michael Rigby Childbirth is sacred in most cultures. But for many female prisoners in the U.S., the process can be cruel and degrading. According to a March 1, 2006, report by the human rights group Amnesty International U.S.A., 23 state prison systems …
Article • October 15, 2005
Certain Blood for Uncertain Reasons: Reinstating Capital Punishment in Vermont by by Michael Mello Seventeen winters ago, a man I loved as a father was murdered. A few days before Christmas 1989, a racist coward with a grudge mailed a shoebox- sized bomb to federal appellate Judge Robert S. Vance. …
Article • October 15, 2005
No Liberty Interest in Judicially Ordered Work Release by The plaintiff did not have a liberty interest in staying on work release, since his placement on work release was part of his criminal sentence, and the sentencing judge made the decision to remove him from work release. At 631: "Altering …
Habeas Hints: Overcoming Post-Conviction IAC by Kent A. Russell Habeas Hints by Kent A. Russell This column provides "habeas hints" to prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is habeas corpus practice under the AEDPA, the …
Article • October 15, 2005
Seventh Circuit Reverses Indemnification for Guard's Abuse; Jury Awards $400,000 in Damages Against by Seventh Circuit Reverses Indemnification for Guard's Abuse; Jury Awards $400,000 in Damages Against Guard The Seventh Circuit Court of Appeals reversed a lower court's order granting indemnification against Macon County, Illinois. The court found that a …
Article • October 15, 2005
A Spotty Record of Health Care For Children in City Detention by By PAUL von ZIELBAUER It was early February 2000, and Judge Paula J. Hepner said she could hardly believe what a doctor in the city's juvenile justice system had done to the girl standing before her in Brooklyn …
Article • October 15, 2005
New York Prisoners Win Class Action On Due Process Of Disciplinary Hearings by The US Court Of Appeals for the Second Circuit affirmed a US District Court's decision to issue a preliminary injunction on a NY prison, requiring that hearings of prisoners confined in segregation units pending investigation of charges …
Article • October 15, 2005
Ohio Pre-S.B. No. 2 Indeterminately Sentenced Prisoners Who Took a Plea are Entitled to Meaningful N by 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 District, ruled that …
Article • October 15, 2005
OH State Court Must Determine Immunity Before Suit Filed; Guards Not Entitled to Qualified Immunity in Prisoner's Death by The Sixth Circuit Court of Appeals held that guards at the Southern Ohio Correctional Facility sued by the estate of a prisoner--who was beat to death by the guards--are not entitled …
Article • October 15, 2005
$26,000 Paid in WA DOC Guard's Discrimination/Retaliation Claim by Robert D. Taylor, a guard at Airway Heights Corrections Center, was injured by another guard during an unauthorized drill. Taylor filed a complaint over the drill, as he had sustained a neck injury that required a titanium rod and plate in …
No Qualified Immunity for Michigan Prison Warden in Guard's Murder by The United States District Court for the Eastern District of Michigan, held that Tripett, the warden of the Thumb Correctional Facility in Michigan (TCF), was not entitled to qualified immunity, in a suit brought by the estate of a …
Article • October 15, 2005
California Restitution Fine Collection Rate Raised to 33% by California Restitution Fine Collection Rate Raised To 33% The California Department of Corrections (CDC) increased the percentage it collects from deposits to prisoner trust accounts to pay unpaid restitution fines from 22% to 33%, effective July 1, 2003. Deductions will further …
Article • October 15, 2005
Washington DOC Seizure from Prisoner Savings Fund Policy Upheld by The Washington Court of Appeals rejected a prisoner's challenge to Department of Corrections (DOC) Policy 200.000, requiring that a prisoner's debt to DOC be seized from the prisoner's savings account upon release. DOC is required to place 10 percent of …
Article • October 15, 2005
Lives (and Votes) Lost by Elizabeth Weill-Greenberg From City Belt (www.citybelt.org) Lives (and Votes) Lost Prisoners, parolees and probationers cannot vote in New Jersey -- but for one former prisoner who was wrongfully convicted and can, it's the last thing on his mind. By Elizabeth Weill-Greenberg Nothing ties Larry Peterson …
Sexual and Physical Abuse at Florida Girl's Prison Under Investigation by By David Reutter In June, 2003, The State Attorney for Florida's Palm Beach County initiated a grand jury investigation into sexual assaults and physical abuse at the State's only maximum security prison for girls. In April, 2000, the Florida …
Article • October 15, 2005
California Auditor: Prison Industries Loses Money and Fails to Demonstrate Rehabilitative Success by by Marvin Mentor The California Department of Corrections and Rehabilitation's (CDCR) Prison Industry Authority (PIA) loses money in 20 of 28 enterprises it operates in CDCR prisons, provides rehabilitative work for a declining number of prisoners in …
Article • October 15, 2005
Flashbacks: Vietnam And Capital Punishment by by Michael Mello Professor of Law Vermont Law School Capital punishment in our time has always reminded me of the Vietnam war. Certain blood for uncertain reasons," as Tim O'Brien wrote of his war. The only measure of success was the body count. No …
Florida Juvenile Justice: Check Private "Employee's" Records? What a Concept by Florida Juvenile Justice: Check Private "Employee's" Records? What a Concept By David M. Reutter Guards employed by private contractors that operate Florida juvenile justice programs earn some of the lowest wages in the nation. The result is high turnover, …
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