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Article • June 15, 2004 • from PLN June, 2004
California Pays $1.25 Million for Woman Crushed by State Prison Bus by A Ventura County, California jury awarded $1.25 million on August 6, 2002 for the wrongful death of an 88 year-old woman who was run over by a full sized state prison bus as it was turning right out …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Good Time
D.C. Prisoners Serving Life Sentences Have No Right to Earn Good Time Credits on Maximum Terms by The United States Court of Appeals for the District of Columbia recently held that prisoners serving life sentences with the possibility of parole have no right to earn good time credits on their …
County Must Disclose Detention Center Settlement to Newspaper by Bob Williams The New Mexico State Court of Appeals has ruled that Dona Ana County must disclose to the Las Cruces Sun-News records relating to a civil suit settlement between the County and female jail detainees who were sexually abused by …
Article • June 15, 2004 • from PLN June, 2004
Unearned Good Time Credits May Not Be Withheld as Disciplinary Sanction by Bob Williams Unearned Good Time Credits May Not Be Withheld As Disciplinary Sanction by Bob Williams The West Virginia Supreme Court of Appeals has held that a state prisoner may not lose more good time credits as a …
Article • June 15, 2004 • from PLN June, 2004
Preliminary Injunction Automatically Expired in 90 Days for Alabama Women Prisoners by Bob Williams The U.S. District Court for the Middle District of Alabama has brought to a halt prospective relief from unconstitutional conditions at an Alabama state women's prison because a previously entered preliminary injunction was allowed to expire …
Article • June 15, 2004 • from PLN June, 2004
Pauper's Declaration Sufficient for Cost Bond in Texas Medical Malpractice Suit by Pauper's Declaration Sufficient for Cost Bond in Texas Medical Malpractice Suit by Matthew T. Clarke A Texas court of appeals has held that a prisoner's unsworn declaration in support of his seeking to proceed as a pauper satisfies …
Article • June 15, 2004 • from PLN June, 2004
Administrative Hearings and Judicial Reviews Mandated for Sex Offender Classifications Without Current Felony Conviction. by Bob Williams Mandating administrative hearings and allowing for judicial review, the Colorado Court of Appeals has reversed a state district court's dismissal of a prisoner's challenge to his Colorado Department of Corrections (CDOC) sex offender …
PLRA Only Requires Exhaustion of Applicable Remedies by The U.S. Court of Appeals for the Second Circuit has reversed a federal district court dismissal of a prisoner's civil rights lawsuit for failure to exhaust available administrative remedies, as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a). …
Article • June 15, 2004 • from PLN June, 2004
Los Angeles County Pays $2.75 Million for Illegal Strip Searches by John E Dannenberg by John E. Dannenberg The County of Los Angeles settled for $2.75 million the complaints of illegal strip searches and body cavity searches of female demonstrators at the Democratic National Convention in August, 2000, and the …
Article • June 15, 2004 • from PLN June, 2004
BJS Says 1 in 15 Adults Will Go to Prison by The Bureau of Justice Statistics (BJS) reported in August 2003 that, if current American incarceration rates continue, 1 of every 15 persons born in the year 2001 will be incarcerated at some point in their adult lives. The report …
Article • June 15, 2004 • from PLN June, 2004
Filed under: News, News in Brief
News in Brief by Arizona: On June 1, 2004, over 20 prisoners in the Yavapai county jail became very ill after an unidentified person put industrial soap in the dinner meal's iced tea. One prisoner was in critical condition and several others were hospitalized afterwards. Police were investigating. Brazil: On …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Civil Procedure, Damages, Costs
Common Fund Required for Incentive Award by The Sixth Circuit Court of Appeals held a named class representative may not receive an incentive award unless a common fund is established. Prisoner C. Pepper Moore, who was named a class representative in 1988 in Hadix v. Johnson, which was a class …
RFRA May Protect Federal Prisoners' Right to Cast Spells by RFRA May Protect Federal Prisoners' Right to Cast Spells The U.S. Court of Appeals for the Seventh Circuit (7th Circuit) has reinstated a federal prisoner's religious freedom lawsuit under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb-1. Kerry …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Parole
Capello Decision Remains Good Law by The Washington Court of Appeals, Division I, held that the Legislature exceeded its authority when it attempted to statutorily overrule the appellate court's decision in In re Personal Restraint of Capello, 106 Wn. App. 576, 24 P.3d 1074, review denied, 145 Wn.2d 1006 (2001). …
Injunctive Relief Granted for Parole Rescission Based on Free Speech by Injunctive Relief Granted for Parole Rescission Based on Free Speech U.S. District Judge Joseph E. Irenas of New Jersey recently granted Edward Forchion's request for a preliminary injunction reinstating him to New Jersey's Intensive Supervised Parole (ISP) pending trial …
Article • June 15, 2004 • from PLN June, 2004
Consent Decree Entered in Unconstitutional BOP Parole Revocation Procedures by Bob Williams Consent Decree Entered in Unconstitutional BOP Parole Revocation Procedures by Bob Williams The United States District Court for the District of Columbia has approved a Consent Decree correcting unconstitutional parole revocation procedures of the United States Parole Commission …
Article • June 15, 2004 • from PLN June, 2004
Kansas Trial Courts Have Latitude in Setting Restitution Payments by The Kansas Supreme Court has ruled that K.S.A.2002 Supp. 21-4603d allows state trial courts to order prisoners to pay restitution from their prison accounts, and to order that a portion of such accounts be exempt from collection. William Puckett was …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Parole
Notice Required in Texas Parole Date Rescission by Notice Required in Texas Parole Date Rescission In an en banc opinion, the Texas Court of Criminal Appeals has held that the parole board must provide a prisoner prior notice of a hearing before reconsidering its decision to grant the prisoner mandatory …
Article • June 15, 2004 • from PLN June, 2004
Qualified Immunity Appeal Deemed Frivolous; California Pays Beaten Prisoner $149,500 by ( In a prisoner 42 U.S.C. § 1983 suit alleging the brutal beating of a San Quentin prisoner by six guards, United States District Judge Charles Breyer (N.D. Cal.) threatened sanctions against California's State Attorney General Bill Lockyer if …
Plaintiff Entitled to Trial on Question of Whether Mental Illness Warrants Tolling Statute of Limitations by The United States Court of Appeals for the First Circuit recently held that a mentally ill woman presented sufficient evidence to warrant a trial on her claim that mental illness prevented her from filing …
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