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Article • November 15, 2006 • from PLN November, 2006
New Jersey Appeals Court Upholds Statute Disenfranchising Felons by The Superior Court of New Jersey, Appellate Division, held that a state law prohibiting felons from voting while on parole or probation did not violate equal protection despite its disparate effect on minority voting power. Plaintiffs, the New Jersey National Association …
Article • October 15, 2006 • from PLN October, 2006
Floridas Felon Disenfranchisement Law Upheld by David Reutter Florida's Felon Disenfranchisement Law Upheld by David M. Reutter The Eleventh Circuit Court of Appeals, sitting en banc, has held that Florida's felon disenfranchisement law does not violate the Equal Protection Clause of the Fourteenth Amendment or the Voting Rights Act. Before …
WA Youth Detention Officer Awarded $603,500; Remitted Damages Reinstated by The Washington Supreme Court held that the Court of Appeals improperly reduced a plaintiff's non-economic-damage award from $260,000 to $25,000. From 1979 to 1991, Ralph Bunch worked as a prison guard at the Washington State reformatory in Monroe. In 1991 …
$100,000 Settlement For Black Oklahoma Prisoner Beaten By White Prisoners by Creek County, Oklahoma, has paid $100,000 to a black man who was severely beaten by a group of white prisoners in the county jail. Rameses Gibbs, a black man, was arrested on November 22, 2001, on a misdemeanor charge …
Article • July 15, 2006 • from PLN July, 2006
Unconstitutionality of Lockdown of California Hispanics Upheld On Appeal by Marvin Mentor The California Court of Appeal upheld the Del Norte County Superior Courts 2003 ruling [case no. HCPB 00-5164] requiring supermax Pelican Bay State Prison (PBSP) officials to cease locking down Southern Hispanic prisoners endlessly solely based upon their …
BJS Director Sacked For Telling Truth About Racial Profiling by Matthew T. Clarke Lawrence A. Greenfield was the director of the Justice Departments Bureau of Justice Statistics (BJS), a low-profile government agency that employs some 50 people for the task of preparing reports on statistical analysis of criminal justice-related issues …
Article • April 15, 2006 • from PLN April, 2006
California DOC Settles Racially Determinative Housing Suit by John Dannenberg by John E. Dannenberg Upon remand from the U.S. Supreme Court (Johnson v. California, 125 S.Ct. 1141 (2005)), the California Department of Corrections and Rehabilitation (CDCR) entered into a settlement agreement with plaintiff prisoner Garrison Johnson wherein CDCR agreed to …
Article • March 15, 2006 • from PLN March, 2006
PLN Questions John Ashcroft on the Death Penalty by by Alex Friedmann On Feb. 13, 2006, former U.S. Attorney General John Ashcroft gave a presentation in favor of the death penalty at Vanderbilt University in Nashville, Tennessee as part of the school's Project Dialog series. The series' theme for 2006 …
Nebraska Native American Prisoners' Religious Program Reinstated by John Dannenberg by John E. Dannenberg Native American prisoners and Nebraska's then Director of Corrections, Harold Clarke, reached a settlement agreement on March 15, 2005 in U.S. District Court (D. Neb.) to reinstate the Native American prisoners' club (Native American Spiritual and …
Ban on Separatist Religious Publication by Ban on Separatist Religious Publication Reversed by Eighth Circuit The Eighth Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials related to the refusal to deliver a religious publication they deemed to be racially inflammatory Missouri Department of …
Article • October 15, 2005 • from PLN October, 2005
Damages Denied To Bilingual Iowa Prisoner Prohibited From Writing Family In Spanish by by John E. Dannenberg The Eighth Circuit U.S. Court of Appeals held that an Iowa prisoner was not entitled to damages when he challenged a policy requiring prisoners to correspond only in English because he had not …
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 • July 15, 2005 • from PLN July, 2005
U.S. Supreme Court Holds California Policy Of Double-Celling By Race During Prison Intake Must Pass by Marvin Mentor U.S. Supreme Court Holds California Policy Of Double-Celling By Race During Prison Intake Must Pass Strict Scrutiny," Not Rational Relationship" Test by Marvin Mentor The U.S. Supreme Court ruled that the strict …
Fifth Circuit Allows Sexual-Orientation Discrimination in Texas Prisoner Rape Suit by Matthew Clarke by Matthew T. Clarke The Fifth Circuit court of appeals held that a homosexual prisoner who prison officials allegedly allowed to be repeatedly sexually assaulted and made a sex slave may sue the prison officials for both …
Article • March 15, 2005 • from PLN March, 2005
Judges Of Death by Mumia Abu-Jamal As the nation pondered the fate of a young California man being sentenced to death, the case of another man, one lesser-known, one without wealth or whiteness, comes back before the nation's highest court, after having been shunted through a series of killing courts …
Article • November 15, 2004 • from PLN November, 2004
Challenge To Washington Felon Disenfranchisement Scheme Remanded For Racial Bias Test by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the broader "totality of the circumstances" standard must be used rather than just a narrower statistical burden when testing for racial bias …
Article • September 15, 2004 • from PLN September, 2004
California Changes Policies for Prison Gangs and Security Housing Units by Charles F.A. Carbone by Charles F.A. Carbone, Esq. Major changes to prison gang management policies and the use of security housing units (SHU's) or super-maximum prisons are expected in California prisons due to the settlement of a lawsuit brought …
Article • August 15, 2004 • from PLN August, 2004
Former Texas Prison Guard Awarded $275,000 in Race Discrimination Suit by On November 6, 2003, a federal jury in Austin, Texas awarded a former prison guard $275,000 in his racial discrimination suit against the Texas Department of Criminal Justice after determining that his race was a substantial or motivating factor …
Article • July 15, 2004 • from PLN July, 2004
Thirty Three Years after Attica: Many more Blacks in prison, but not as guards by Peter Wagner by Peter Wagner and Rose Heyer In September 1971, thousands of prisoners at Attica prison in rural New York State rebelled, taking control of D-yard. Sixty-three percent of the prisoners were Black or …
Tennessee Prison Audit Blasts DOC, CCA and CMS by Michael Rigby A Tennessee Department of Corrections (TDOC) performance audit for the years 1997-2002, released by the state comptroller's office in September 2003, reveals problems with prison staffing, pre-release preparation, and numerous instances of contract violations by private prison contractors. A …
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