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Article • December 15, 2003
Two Killed in Failed Florida Prison Escape by David Reutter by David M. Reutter A bungled escape attempt at Florida's Charlotte Correctional Institution (CCI) on June 11, 2003, resulted in the first death of a female guard. Darla Lathram, 38, began working at CCI in June 2002. She was beat …
$210,000 Awarded in Virginia Jail Conditions Suit by The court of appeals for the Fourth circuit affirmed a district court in Virginia's order denying qualified immunity and judgment notwithstanding the verdict to Virginia jail officials. Virginia jail prisoners filed suit claiming overcrowding, poor sanitation, understaffing, and lack of a law …
DeLay/TRMPAC Indictments Include Cornell Contributions by by Matthew T. Clarke On September 21, 2004, a Travis County, Texas, grand jury handed down 33 felony indictments against people and corporations associated with Republican U. S. House of Representatives Majority Leader Tom Delay and the Texans for a Republican Majority Political Action …
Total Ban on Aryan Nation Mail Too Restrictive by The U.S. Court of Appeals for the Eighth Circuit held that a white supremacy group failed to state a claim as to their recognition as a religious group but that the prison mail policy banning communication with and access to its …
Article • December 15, 2003
Accounting Errors Plagued California Criminal Justice Agency by A defunct California agency charged with distributing grant money for crime prevention and victim aid may have cost the state millions in federal funds due to poor accounting practices, state auditors said on February 2, 2005. Lawmakers knew something was wrong at …
PHS Redux: Sued In A Dozen States, Contract Losses, Stock Plummets, Business Continues by by John E. Dannenberg Prison Health Services (PHS), a subsidiary of America Service Group, Inc. (ASG), continues to face lawsuits and lose contracts for its deplorable record of prisoner health care gaffes in a dozen states. …
Article • December 15, 2003
Fourteenth Amendment Not Violated By Arrest Without Probable Cause by The U.S. Supreme Court held that an arrestee's allegation that his arrest without probable cause violated substantive due process did not state a claim under 42 U.S.C. § 1983. The petitioner surrendered to police upon issuance of a warrant charging …
Article • December 15, 2003
Silencing the Cells: Mass Incarceration and Legal Repression in U.S. Prisons by By Richard D. Vogel People without a voice are not people in any meaningful sense of the word. Silenced people cannot express their ideas; they can neither consent nor protest; they are reduced to being pawns in the …
Article • December 15, 2003
Filed under: Sentencing, Parole
False Information in Parole File May Violate Due Process by The use of false information in a parole file can be a due process violation, but such a claim cannot be conclusory and must specify the false information. A reduction in the frequency of parole consideration for persons with life …
Article • December 15, 2003 • from PLN December, 2003
Secret Court Docket Practice Exposed by by David M. Reutter and Paul Wright One of the founding principles of the United States judiciary system is the right of access by the public and press. In their infinite wisdom, the authors of the Bill of Rights placed that principle within the …
$500 Paid in WA Failure to Protect Case by Scott W. Skylstad was transferred to another unit within the Washington State Penitentiary after guards received a death threat against him. However, the unit he was moved to was the same one the threat came in the mail from. Despite repeated …
Bad Medicine, No Oversight, Total Secrecy: ACLU Reports on VA DOC Medical Care by Bad Medicine, No Oversight, Total Secrecy: ACLU Reports on Virginia DOC Prisoner Medical Care by Matthew T. Clarke In May 2003, the American Civil Liberties Union (ACLU) of Virginia issued a report on the status of …
Article • December 15, 2003
Contract Physician Not Acting Under Color Of State Law by The U.S. Court of Appeals for the Fourth Circuit held that a part-time contract physician was not acting under color of state law for purposes of § 1983 when treating a prisoner. Plaintiff Quincy West, a North Carolina state prisoner, …
Article • December 15, 2003
Federal Prisoner's Conviction for Contraband Weapon a Crime of Violence by The Third Circuit Court of Appeals has held that a federal prisoner convicted of possessing contraband, a razor blade inside a matchbook, is eligible to be sentenced for a crime of violence." The prisoner was indicted by a grand …
100+ Canadian Prisoners Attempt to Escape From Private Superjail by According to the Toronto Star, on September 20, 2002, more than a hundred prisoners at the privately-run Superjail in Penetanguishene, Ontario, attempted to escape using a battering ram. According to Ontario Provincial Police, the prisoners, who were armed with homemade …
Cornell Half Way House Employees Charged with Drug Trafficking by The Ben Reid Community Correctional Facility in northeast Houston is run by Houston-based Cornell Companies, Inc., under a $4.8 million contract with the Texas Department of Criminal Justice. In May, 2004, Roy Thomas, 50, Ben Reid's director of employee training, …
Article • December 15, 2003
Filed under: Mail, Legal Mail
New York Prisoner States Claim Regarding Interference With Legal Mail by The U.S. Court of Appeals for the Second Circuit held that a prisoner stated a claim under which relief could be granted as to the interference with, and unauthorized opening of, his legal mail. Albert Washington, a New York …
Article • December 15, 2003
Filed under: Medical, Medication, Water, Bedding
KY Jail Prisoner's Suit Over Denial of Seizure Medication Dismissed by The plaintiff, who has a seizure disorder, was arrested and held overnight in jail. He alleged that he received no medication while in jail and had seizures as a result. The court says (a) the defendants say they medicated …
Article • December 15, 2003
Heck Inapplicable to Halfway House Suit by The United States Court of Appeals for the District of Columbia Circuit reversed a lower court's dismissal of a prisoner's suit, for failure to state a claim. The court held that the favorable termination rule of Heck v. Humphrey, 512 U.S. 477, 488-87 …
Second Circuit Holds Confidential Informant's Reliability Alone Insufficient to Support Hearsay or Conclusionary Statements by David Reutter Second Circuit Holds Confidential Informant's Reliability Alone Insufficient to Support Hearsay or Conclusionary Statements By David M. Reutter The Second Circuit Court of Appeals has held that prison officials, in assessing the reliability …
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