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Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault by John E Dannenberg Section 1983 May Be Used To Challenge Disciplinary Hearings Not Affecting Total Length of Confinement by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals joined four other circuits in holding …
Article • January 15, 2005 • from PLN January, 2005
Don't Build It Here - The Hype Versus the Reality of Prisons and Local Employment by Clayton Mosher Don't Build it Here - The Hype Versus the Reality of Prisons and Local Employment by Clayton Mosher, Gregory Hooks, and Peter Wood Fueled by the war on drugs, Draconian sentencing policies, …
Washington Jail Settles Wrongful Death Suit For $1.6 Million by Michael Rigby On October 12, 2004, Jefferson County, Washington, agreed to pay $1.6 million to settle a lawsuit arising from the wrongful death of Kevin Bledsoe in the Jefferson County Jail. The settlement is one of the largest ever for …
California Initiative To Soften "3-Strikes" Law Defeated; DNA Collection From Arrestees Approved by California Initiative To Soften "3-Strikes" Law Defeated; DNA Collection From Arrestees Approved Proposition 66 (Prop. 66), a voter Initiative Act placed on the ballot by prisoners' families to soften California's unforgiving "3-Strikes" law by qualifying an offense …
Article • January 15, 2005 • from PLN January, 2005
Washington Prison's Water System and Meat Contaminated With Feces by Roger Smith On August 20, 2004, fecal coliform and E. coli were found in the water system at the McNeil Island Correction Center (MICC) near Steilacoom, Washington. E. coli was also found in about 6,000 pounds of ground beef produced …
Article • January 15, 2005 • from PLN January, 2005
Qualified Immunity Denied to Supervising Driver's License Examiner in Oklahoma Prisoner's Rape by David Reutter by David M. Reutter The Tenth Circuit Court of Appeals has held that a state driver's license examiner who exercised supervisory control over a prisoner acted as a state actor and can be held liable …
New York Prisoner's Retaliation Suit Remanded for Trial by The Second Circuit Court of Appeals has reversed a district court's grant of summary judgment to guards in a prisoner's retaliation suit. This action was filed by New York prisoner Anthony Bennett, alleging he was retaliated against for successfully prosecuting a …
Article • January 15, 2005 • from PLN January, 2005
HIV Is Occupational Disease for Connecticut Prison Guards by HIV is Occupational Disease for Connecticut Prison Guards The Connecticut Supreme Court held that the human immunodeficiency virus (HIV) is an occupational disease for prison guards who are members of prison emergency response units. The court also held that the estate …
Article • January 15, 2005 • from PLN January, 2005
DNA Profiling of Conditionally Released Federal Offenders Upheld by John E Dannenberg DNA Profiling Of Conditionally Released Federal Offenders Upheld by John E. Dannenberg A sharply divided en banc Ninth Circuit U.S. Court of Appeals held that the United States does not violate the Fourth Amendment when it requires "DNA …
Article • January 15, 2005 • from PLN January, 2005
Los Angeles Voters Reject 5,000 More Cops; Invest In Clear Ocean Instead by John E Dannenberg by John E. Dannenberg Los Angeles, California voters, in a November 2004 campaign marred by scare tactics, rejected a 1/2 cent sales tax measure (Measure A) that would have raised $560 million per year …
Article • January 15, 2005 • from PLN January, 2005
Filed under: Sentencing, Parole
Washington ISRB Departure From Standard Sentencing Range Upheld by Washington ISRB Departure from Standard Sentencing Range Upheld The Washington Supreme Court has affirmed the State Indeterminate Sentence Review Board's (ISRB) extension of a sex offender's sentence beyond the standard range under the state's Sentencing Reform Act (SRA). Chapter 9.94A RCW. …
Article • January 15, 2005 • from PLN January, 2005
Illinois ETS Injury Claim Allowed To Proceed; Out-of-State Legal Materials Ordered Provided by John E Dannenberg by John K Dannenberg Resolving two distinct complaints of an Illinois state prisoner, the Seventh Circuit U.S. Court of Appeals ruled that (1) where injury from ETS [second-hand cigarette smoke] was alleged at one …
Article • January 15, 2005 • from PLN January, 2005
Public and Press Have First Amendment Right to Access Court Docket Sheets by David Reutter by David M. Reutter The Second Circuit Court of Appeals has held that the public and press enjoy a qualified First Amendment right of access to court docket sheets. This case was filed by the …
Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault by The Sixth Circuit Court of Appeals held a warden may be found to be deliberately indifferent to a male-to-female transsexual prisoner's safety where the prisoner was housed in the Protective Custody Unit (PCU) with a …
Article • January 15, 2005 • from PLN January, 2005
Prisoner Stated Deliberate Indifference Claim, But Summary Judgment Denial Reversed by Prisoner Stated Deliberate Indifference Claim, but Summary Judgment Denial Reversed In a case with a long, unusual procedural history, the U.S. Sixth Circuit Court of Appeals affirmed a federal district court's denial of prison officials' motion to dismiss for …
Article • January 15, 2005 • from PLN January, 2005
Filed under: News, News in Brief
News in Brief by News in Brief: Afghanistan: On December 17, 2004, troops of the American puppet regime stormed the Pul-e Charkhi jail in Kabul where four prisoners, three Pakistanis and an Iraqi, had attempted to escape by killing and disarming a jail guard and using his automatic rifle to …
Article • January 15, 2005 • from PLN January, 2005
Arizona Adopts Favorable Termination Rule in Attorney Malpractice Suits by The Arizona Supreme Court has ruled that a cause of action accrues for attorney malpractice on the date the case is finalized in favor of the defendant because of the attorney's ineffective assistance. This rule is called the favorable termination …
Brief • January 14, 2005
In Re Martinez Ny Motion Police Brutality Settlement 2005 PRELIMINARY STATEMENT Plaintiff Alejandro Martinez brought this action to redress the injuries he sustained at the hands of members of the Police Department of the Port Authority of New York and New Jersey (the “Port Authority”). In order to fill a …
Brief • January 14, 2005
Henderson v. San Francisco, CA, Jail Beating Suit Complaint, 2005 Case 3:05-cv-00234-VRW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Document 1 Filed 01/14/2005 Page 1 of 38 SCOT CANDELL, (CSBN 173261) ROSALIND H. …
Brief • January 14, 2005
Munyer v Sacramento County Ca Claim Assault and Hogtie 2005 '} . '-' Ii May me In person, or m~ JI to: Clerk, Board of SUptlrvllora, 700 H Sn.~ 2450, Sacramento, CA 9581.PfIII!II'kHP one (1) copy lor your records· PrllftIIlI"fpe Only I La 500 I {/ II/JJ CLAIM AGAINST THE …
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