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Guard Denied Qualified Immunity in MI Prisoner's Retaliation Claim by The Sixth Circuit Court of Appeal has affirmed a Michigan District Court's order denying a guard's qualified immunity defense in a suit filed by prisoner David J. Scott, a prisoner at Carson City Regional Facility. Scott's complaint alleged guard Philip …
Article • September 15, 2005 • from PLN September, 2005
Rehabilitated California Ex-Cons Have No Privacy Protection From Media Productions Based Upon Public by Rehabilitated California Ex-Cons Have No Privacy Protection From Media Productions Based Upon Public Court Records by John E. Dannenberg The California State Supreme Court, reversing its 33 year old precedent, held that privacy rights of a …
Article • September 15, 2005 • from PLN September, 2005
Washington Prisoner's Uninformed Disciplinary Plea Agreement Upheld by The Washington Court of Appeals, Division I, upheld a prisoner's disciplinary plea agreement even though his punishment was more extensive than what he had agreed to. The agreement was only upheld, however, because no good time was taken. Garridan Nelson, a Washington …
Article • September 15, 2005 • from PLN September, 2005
Parole Violators Flood Pennsylvania Prisons by Michael Rigby In the latest performance of justice by the numbers, a behind the scenes power struggle is playing out between the Pennsylvania Department of Corrections (DOC) and the state Board of Probation and Parole (BPP). As usual, prisoners are caught in the middle. …
Texas Prison Expert Pays the Price for Telling the Truth by Matthew Clarke by Matthew T. Clarke Tony Fabelo was the head of the Texas Criminal Justice Policy Council for two decades. He survived multiple changes of administration by doing a great job as the state's top number-cruncher on prison …
Article • September 15, 2005 • from PLN September, 2005
Michigan: Money Bilked From Prisoners by Michigan: Money Bilked From Prisoners Used For Bonuses While Michigan was trying to boost its cash-starved budget through spending cuts and tax increases, those in the Attorney General's Office were feasting on money squeezed from state prisoners. In October 2004, Attorney General Mike Cox …
Article • September 15, 2005 • from PLN September, 2005
Nebraska Law Automatically Restores Felon Voting Rights by On March 10, 2005, Nebraska lawmakers overrode a veto by the governor and passed legislation automatically restoring the voting rights of felons. With the passage of Legislative Bill 53, Nebraska felons will automatically have their voting rights restored two years after completing …
Habeas Hints by Kent Russell This column is intended to provide 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 1996 habeas corpus law which now governs …
Article • September 15, 2005 • from PLN September, 2005
Filed under: Medical, Skin
Antibiotic Resistant Staph Infections Continue to Plague Prisons, Jails by Michael Rigby Antibiotic Resistant Staph Infections Continue to Plague Prisons, Jails by Michael Rigby Chelsea Johnson, 30, said it began as a small pimple that formed on her right cheek shortly after she arrived at the Orange County Jail in …
Article • September 15, 2005 • from PLN September, 2005
Iowa's Governor Grants Ex-Prisoners Automatic Voting Rights Restoration by Iowa's Governor Grants Ex-Prisoners Automatic Voting Rights Restoration by Matthew T. Clarke On July 6, 2005, Governor Tom Vilsack of Iowa signed an Executive Order which enacted a blanket restoration of citizenship rights to ex-prisoners who have completed their sentences. This …
Article • September 15, 2005 • from PLN September, 2005
Florida Bans Sex Offenders from Hurricane Shelters by Florida Bans Sex Offenders from Hurricane Shelters A new Florida policy bans sex offenders who are not allowed contact with children from public hurricane shelters. Instead, they will be shuttled to their own shelters-prisons across Florida. The rule applies to offenders not …
300 More Washington Prisoners Headed to CCA Prisons by As we predicted, Washington's sentencing reform" has sharply increased the state's prison population to approximately 17,6001,400 prisoner's overcapacityadding 2,100 prisoners within the last two years alone. Worse yet, nothing, including slashing sentences by up to 50 percent for a few hundred …
Article • September 15, 2005 • from PLN September, 2005
$7,500 of Personal Injury Award Exempt From Attachment By Illinois DOC by A court of appeals in Illinois ruled that the Illinois Department of Corrections (DOC), which was seeking to attach a settlement awarded a prisoner in a personal injury suit, could not attach $7,500 of the award. That ruling …
Article • September 15, 2005 • from PLN September, 2005
Mother Of New York Prisoner Awarded $377,200 For Suicide by Michael Rigby On March 14, 2005, a court of claims in White Plains, New York, awarded $377,200 to the mother of a suicidal state prisoner who died while in custody. While serving time at New York's Green Haven Correctional Facility …
Article • September 15, 2005 • from PLN September, 2005
Hawaii Settles Class Action Wrongful Imprisonment Suit for $1.2 Million by Michael Rigby The state of Hawaii has agreed to pay $1.2 million to settle a class action federal lawsuit involving hundreds of wrongfully imprisoned individuals. The state also agreed to implement measures ensuring the timely release of prisoners. The …
Article • September 15, 2005 • from PLN September, 2005
New York Prisoner Awarded $5,250 for Prison Welding Shop Injury by On July 27, 2004, the Court of Claims in Rochester, New York, awarded Noel Atkinson, a New York state prisoner, $5,250 for past pain and suffering due to an injury he received while working in a welding shop at …
Article • September 15, 2005 • from PLN September, 2005
New York Prisoner Awarded $1,000 For Uncleaned Prosthetic Eye by On September 1, 2004, a court of claims in White Plains, New York, awarded $1,000 to a state prisoner because prison personnel failed to timely clean his prosthetic eye, causing him pain and suffering. Lionel Walker, a prisoner at the …
Article • September 15, 2005 • from PLN September, 2005
U.S. Supreme Court: Michigan Plea Bargainers Have Right to Counsel On Appeal by by John E. Dannenberg The U.S. Supreme Court ruled that Michigan defendants convicted pursuant to a plea of nolo contendre or to a plea bargain are constitutionally entitled to appeal their convictions to the Michigan Court of …
Article • September 15, 2005 • from PLN September, 2005
Massachusetts DOC Fails to Meet Women's Special Needs by by Michael Rigby The failure of the Massachusetts Department of Corrections (MDOC) to address the special needs of women in prison impedes the effective maintenance of family ties, according to a March 2005 research report by the University of Massachusetts's Center …
Only One California Jail Has State-Mandated Psychiatric Treatment Center Licensure by by John E. Dannenberg Although California law has since 1998 required all county jails that provide inpatient medical or psychiatric care to have a correctional treatment center license, only one (Los Angeles) has obtained one. The issue was highlighted …
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