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Permanent Injunction Requires Full HCV Retreatment for Florida Prisoner by John E Dannenberg Permanent Injunction Requires Full HCV Retreatment for Florida Prisoner by John E. Dannenberg The U.S. District Court (S.D. Fla.) is-sued a permanent injunction on July 24, 2003 ordering James Crosby, the Secretary of the Florida Department of …
Disabled Missouri Prisoner Awarded Backpay after Passing GED Test by The U.S. District Court for the Eastern District of Missouri found that a disabled prisoner was entitled to backpay because he was not reassigned to a premium pay job after he successfully passed the GED test. James Arlt Jr, a …
Article • April 15, 2004 • from PLN April, 2004
Brief Statement of Operative Facts Satisfies Texas Pleading Requirement by by Matthew T. Clarke A Texas state court of appeals has held that a brief statement of operative facts of prior lawsuits satisfies the requirements of Texas Civil Practice and Remedies Code (TCPRC) §§ 14.004 & 14.005. Theron Belton, a …
Texas Prisoners Have Right to Judicial Review of Administrative Finding by Texas Prisoners Have Right to Judicial Review of Administrative Finding A Texas state court of appeals has held that Texas state prisoners have a right to a judicial review of an administrative finding of destruction of state property in …
Article • April 15, 2004 • from PLN April, 2004
Filed under: Reviews, Media, Prisoner Media
Prison Nation Wins Human Rights Award by On December 16, 2003, Paul Wright and Tara Herivel were awarded the 2003 Myers Outstanding Book Award certificate for Prison Nation: The Warehousing of America's Poor (Routledge, 2003). The award is from the Gustavus Myers Center for the Study of Bigotry and Human …
First Circuit Holds ADA Title II Abrogated State Sovereign Immunity by Bob Williams The First Circuit court of appeals has held that Title II of the Americans with Disability Act (ADA), as applied in this case, abrogates state sovereign immunity. There is now a 6-3 split in the circuits on …
BOP, FBI Investigations in Texas, Oregon, Arizona, and California Federal Prisons by Michael Rigby BOP, FBI Investigations in Texas, Oregon, Arizona, and California Federal Prisons by Michael Rigby Murder, riots, drug overdoses, and allegations of official corruption have prompted the Bureau of Prisons (BOP) and the FBI to launch investigations …
Article • April 15, 2004 • from PLN April, 2004
Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983 by Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983; U.S. Supreme Court Grants Review Bringing itself into line with its sister circuits, the en banc U.S. Sixth Circuit Court of Appeals held that Ohio prisoners may challenge parole …
Disarray in Colorado: Prisoners Hurt by Host of Problems by Bob Williams Society is dynamic, in a state of con-stant flux where change is the only constant, but recent changes in Colorado are turning up the pressure in Colorado's prison system. Prisoner pay has been nearly eliminated while hygiene items …
Article • April 15, 2004 • from PLN April, 2004
Eighteen Indicted for Drug Smuggling and Weapons Possession Inside Puerto Rican Prisons by Lonnie Burton Eighteen Indicted for Drug Smuggling and Weapons Possession Inside Puerto Rican Prisons by Lonnie Burton On May 8, 2003, a 21-page indictment was handed down by a federal grand jury sitting in San Juan, Puerto …
Article • April 15, 2004 • from PLN April, 2004
$475,000 Settlement for Wrongly Convicted Indiana Ex-Con by $475,000 Settlement for Wrongly Convicted Indiana Ex-Con On March 5, 2003, Jerry Watkins settled his wrongful conviction lawsuit against the Hancock County sheriff's department inIndianapolis and the Indianapolis police department. Watkins was convicted of murdering his 11 year old sister in law …
Brooklyn MDC Guard Pleads Guilty to Raping Prisoner by by Matthew T. Clarke On October 17, 2002, Randy Denjen, a guard lieutenant at the Brooklyn, New York Metropolitan Detention Center (MDC) pleaded guilty to charges of causing a prisoner to engage in sexual contact by threatening and placing her in …
Article • April 15, 2004 • from PLN April, 2004
Filed under: Commentary/Reviews, Reviews
The Soft Cage: Surveillance in America, From Slave Passes to the War on Terror by Scott Christianson The Soft Cage: Surveillance in America, From Slave Passes to the War on Terror by Christian Parenti, (Basic Books, 2003) 273 pp., $24.95 cloth Review by Scott Christianson Big Brother is watching. He …
Article • April 15, 2004 • from PLN April, 2004
New York Prisoner Awarded $435,000 in Tire Accident by New York Prisoner Awarded $435,000 in Tire Accident On June 10, 2003, the Court of Claims in Rochester, New York, awarded $435,000 for pain and suffering to a New York prisoner who was injured when a forklift tire exploded in his …
Article • April 15, 2004 • from PLN April, 2004
Jail Rape Results in Reduced Sentence by An Alabama federal district court has reduced a female prisoner's sentence by a three-level downward departure based on her rape by a jail guard. Deborah Rodriguez pled guilty to possession with intent to distribute 382 kilograms of cocaine hydrochloride. After being raped by …
Article • April 15, 2004 • from PLN April, 2004
A Culture of Prosecutorial Misconduct by Peter Schmidt Review by Peter Schmidt The Center for Public Integrity (CPI), a non-profit, investigative journalism organization based in Washington, D.C., has recently published a major study on prosecutorial misconduct in America. The lengthy, empirical study, entitled Harmful Error: Investigating America's Local Prosecutors, which …
Article • April 15, 2004 • from PLN April, 2004
Court Questions Federal Assault Conviction on Private Prison Guard by Court Questions Federal Assault Conviction on Private Prison Guard In a case applicable to all federal pris-oners incarcerated in private and state prisons the Fifth Circuit Court of Appeals held a federal prisoner who assaults a private person employed at …
Article • April 15, 2004 • from PLN April, 2004
Blind Prisoner Must Exhaust Administrative Remedies by Blind Prisoner Must Exhaust Administrative Remedies The Fifth Circuit Court of Appeals held that a blind prisoner is not excused from the administrative exhaustion requirement of the PLRA, and that a state court finding the prison systems grievance procedure violates Louisiana's State Constitution …
Article • April 15, 2004 • from PLN April, 2004
Filed under: Sentencing, Good Time
California Presentencing Credits Upheld For Jail Time in Another County by John E Dannenberg California Presentencing Credits Upheld For Jail Time in Another County by John E. Dannenberg The California Supreme Court ruled that while a prisoner was on pre-trial bail from one county, but had been arrested for an …
Impeding Grievance Exhaustion May Violate Access to Courts by A U.S. District Court for the Eastern District of Wisconsin held that a prisoner's access to court was impeded because jail officials interfered with his ability to exhaust his administrative remedies with respect to several non-frivolous claims, which were dismissed for …
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