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Ohio Appeals Court Upholds $7,820 Award for 70 Days Unlawful Incarceration by By Robert H. Woodman The Tenth District Court of Appeals of Ohio upheld a $7,820 damages award by the Ohio Court of Claims to Alton M. Stroud, a prisoner of the Ohio Department of Rehabilitation and Correction (DORC). …
D.C. Prisoner Receives $19,500 Settlement for Slip-and-Fall by The United States and the District of Columbia agreed on June 4, 2004, to pay Robert M. North $19,500 for injuries he received from falling down a set of stairs while handcuffed. North was arrested on Thanksgiving Day 2000 by Federal Marshals. …
Article • April 15, 2005 • from PLN April, 2005
BOP Good-Time Statute Upheld By Three Circuits by by John E. Dannenberg The Seventh Circuit U.S. Court of Appeals reversed a U.S. District Court ruling that had accorded BOP prisoners 54 days good-time credit per year, holding instead that the maximum credit available is only 47 days per year. In …
First Circuit Rejects Interlocutory Appeal for Authorities Accused of Frame-Up by by Robert H. Woodman In a case involving charges of frame-up and cover-up by former Massachusetts and federal authorities brought by former Massachusetts state prisoners, their family members, estates, and survivors, the United States First Circuit Court of Appeals …
Article • April 15, 2005 • from PLN April, 2005
Heck Doesn't Apply to Parole Revocation Incarceration Without Attorney or Hearing by The Tenth Circuit court of appeals has held that a prisoner who claims he was denied an attorney or court hearing for 73 days while awaiting extradition for parole revocation need not show that the revocation had been …
Article • April 15, 2005 • from PLN April, 2005
Filed under: News, News in Brief
News in Brief by News in Brief: Arkansas: On February 6, 2005, real estate developer NGI Rental filed a $2 million lawsuit against sex offender Randall Collins, his wife and the real estate company that allowed the Collins to purchase their home. NGI claims that after Collins moved into the …
Article • April 15, 2005 • from PLN April, 2005
Triple-Dipping Jail Psychiatrist Fired For Past Medicare Fraud Conviction by Dr. Kripa Kashyap, 62, a psychiatrist providing treatment to prisoners at the Harford County (Maryland) Detention Center in Bel Air was barred from treating any more prisoners after The Baltimore Sun newspaper revealed his past conviction for Medicare fraud. For …
Wisconsin Enacts Law, Prison Reforms Regarding Sex Assaults by by Michael Rigby On August 31, 2004, the Wisconsin Department of Corrections (WDOC) announced it would immediately implement sweeping policy changes in the way it views and handles staff-on-prisoner sexual assaults. The reforms come a year after legislation was enacted criminalizing …
Article • April 15, 2005 • from PLN April, 2005
Filed under: Medical, Hepatitis
California Establishes Statewide Hepatitis-C Management Program by by John E. Dannenberg The California Department of Corrections (CDC) Health Care Services Division instituted a statewide Hepatitis-C Clinical Management Program (Program) in March, 2004. The Program draws from the prototype HCV protocol developed under federal court order at Pelican Bay State Prison …
New Jersey County Settles With Imprisoned Deaf Man For $175,000 by On November 20, 2003, Mercer County, New Jersey, agreed to pay $175,000 to a deaf man who was imprisoned at the Mercer County Detention Center (MCDC) without appropriate accommodations and appeared before a county court without an interpreter. The …
Article • April 15, 2005 • from PLN April, 2005
Wisconsin County Pays $6.95 Million To Settle Strip-Search Suit by by Michael Rigby St. Croix County, Wisconsin, and its insurer has paid $6.95 million to settle a federal class-action lawsuit challenging the constitutionality of the county jail's blanket strip-search policy, according to the terms of a February 27, 2004, settlement …
Four Guards Suspended By CCA Following Their Murder of Prisoner in Tennessee Jail by Four Guards Suspended By CCA Following Their Murder of Prisoner in Tennessee Jail by Matthew T. Clarke Four male CCA Guards have been placed on paid administrative leave following their murder of a female prisoner at …
Five Homicides In L.A. County Jail Blamed On Security Lapses; 25 Sheriff's Deputies May Be Disciplined by Five Homicides In L.A. County Jail Blamed On Security Lapses; 25 Sheriff's Deputies May Be Disciplined by Marvin Mentor After investigating five brutal prisoner-on-prisoner slayings in a six month period inside the Los …
PLN Wins Washington DOC Bulk Mail Suit, Again by John E Dannenberg The Ninth Circuit U.S. Court of Appeals affirmed the U.S. District Court's ruling below (and permanent injunction) that the Washington DOC (WA DOC) policy of prohibiting prisoners' receipt of standard rate mail (AKA bulk mail) and catalogs with …
Article • April 15, 2005 • from PLN April, 2005
Untreated Dental Infection Kills California Prisoner by A 41 year-old prisoner at the California State Prison (Solano) in Vacaville died six days after having a tooth extracted, when prison medical staff failed to treat his resulting infection. Anthony Shumake, sentenced to 12 years, 8 months in 2000, had an abscessed …
Nine California Guards Fired For Prisoner Assaults by Nine guards at California's maximum security Salinas Valley State Prison (SVSP), including some belonging to the Green Wall" satanic gang of rogue guards, were fired on November 8, 2004 as a disciplinary action for allegedly assaulting a prisoner and then conspiring to …
New Federal Civil Rights Tax Relief Act Ends Double Taxation On Attorney Fee Awards by California Drug Possession" Disciplinary Satisfied By Positive Urine Test The California Court of Appeal held that a positive urine test for THC (marijuana) was some evidence" sufficient to uphold a prison disciplinary finding of possession" …
Article • April 15, 2005 • from PLN April, 2005
Phone Companies Gouge California Jail Prisoners' Families by by John E. Dannenberg In a scenario reminiscent of the Spy versus Spy" cartoon, phone companies are gouging California jail prisoners' families with outlandish collect call rates, while prisoners are defrauding the phone companies by taking advantage of new computerized phones to …
Article • April 15, 2005 • from PLN April, 2005
New Federal Civil Rights Tax Relief Act Ends Double Taxation On Attorney Fee Awards by by John E. Dannenberg On October 22, 2004, President Bush signed into law the Civil Rights Tax Relief Act (CRTRA), enacted as section 703 of the American Jobs Creation Act of 2004. While the CRTRA …
Article • April 15, 2005 • from PLN April, 2005
Filed under: Sentencing, Ex Post Facto
California Criminal Fine Surcharges Ruled Ex Post Facto by The California Court of Appeals determined that surcharges on fines levied upon criminal convictions were ex post facto where the laws establishing the surcharges were punitive and were enacted after the crimes had been committed. Daniel High was convicted of property …
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