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Article • December 15, 2003
Filed under: News, News in Brief
News in Brief by Alabama: On September 2, 2003, Cedric Bothwell, 39, a guard at the St. Clair Correctional Facility in Springville pleaded guilty in federal court to one count of selling marijuana to prisoners at the facility. Prosecutors dropped four other charges related to Bothwell's alleged crack cocaine smuggling …
Article • December 15, 2003
Audit Faults Oregon Prison Trust Fund System by An audit of the Oregon Department of Connection (ODOC) prisoner trust fund system found internal control weaknesses related to cash reconciliations, check stock and document retention. ODOC awards for prison labor and programming are credited to prisoner trust accounts and all funds …
Article • December 15, 2003
State Auditor: Illinois DOC Kept Sloppy Records of Guns and Money by According to a state auditor's report covering a two-year period ending June 30, 2002, the Illinois Department of Corrections (DOC) failed to keep proper track of all of its weapons. One weapon on the DOC inventory could not …
Non-Sex-Offender Parolee Entitled to Due Process Before Being Treated As Sex Offender by by Matthew T. Clarke The Fifth Circuit court of appeals held that a parolee who has never been convicted of a sex offense is entitled to a due process hearing prior to being required to register as …
Article • December 15, 2003
Filed under: Police, Arrest Warrants
Police Supervisors Must Actually Read Search Warrants by At 990: The officers who lead a team that executes a warrant are responsible for ensuring that they have lawful authority for their actions. . . . They must actually read the warrant and satisfy themselves that they understand its scope and …
Failure to Exhaust Administrative Remedies Not Absolute Bar Suit by The United States District Court for the District Court for the District of Columbia has held that although a D.C. prisoner failed to exhaust administrative remedies prior to filing suit under 42 U.S.C. §1983, the failure may not bar the …
Article • December 15, 2003
Filed under: Juveniles, Juvenile Prisons
Prison Health Services: A Spotty Record of Health Care For Children in City Detention by By PAUL von ZIELBAUER It was early February 2000, and Judge Paula J. Hepner said she could hardly believe what a doctor in the city's juvenile justice system had done to the girl standing before …
Article • December 15, 2003
Filed under: Mental Health, Suicides
Lack Of Deliberate Indifference Negates Constitutional Violation In Prisoner Suicide by The United States Court of Appeals for the Second Circuit held that defendants in a § 1983 action stemming from a prisoner suicide did not violate the deceased's constitutional rights and were therefore entitled to summary judgement. Danny Ray …
Article • December 15, 2003
Prisoner's Letter Treated as Motion; Subpoena's Require Cost Prepayment; Plaintiff's Deposition to be Furnished by Defense by Prisoner's Letter Treated as Motion; Subpoena's Require Cost Prepayment; Plaintiff's Deposition to be Furnished by Defense A Pennsylvania federal district court treated a pro se prisoner plaintiff's letter as a motion seeking subpoena …
Religious Garments May Be Worn During Prisoner Transport by Bob Williams By Bob Williams The United States District Court for the District of Colorado rejected a plea for qualified immunity by the Colorado Department of Corrections (CDOC) over their refusal to transport a Jewish prisoner while wearing religious Garments. Russell …
Federal Judge Strikes Down Iowa Prison's Faith-Based Rehabilitation Program by Michael Rigby A federal judge in Iowa has ruled that the state's partial funding of a Christian rehabilitation program is unconstitutional. In a 140-page opinion issued on June 2, 2006, U.S. District Judge Robert W. Pratt ordered the Iowa Department …
New Jersey: Prisoner Attacked, Rendered Quadriplegic, Settles For $9,700,000 by A former prisoner in the Burlington County (New Jersey) Jail, rendered quadriplegic when his neck was broken in an attack by another prisoner, settled with the county and state individually for a combined total of $9,700,000. Timothy Ryan, 32, was …
Widespread Prisoner Labor Abuse Requires Reform by Gary Hunter Lonoke Mayor Thomas Privett and police Chief Jay Campbell were caught abusing the state's prisoner work program. Arkansas Department of Corrections requested, in early August 2005, that the program be suspended after learning that state prisoners had been used to repair …
Article • December 15, 2003
Filed under: Civil Procedure, Damages
UK Prisoners Awarded Nearly 1 Million Pounds in Damages by Since 2003, 211 United Kingdom prisoners have been awarded 862,320 pounds to settle a wide range of claims, according to information provided to the Belfast Telegraph under the Freedom of Information Act. The highest total payout was more than half …
Article • December 15, 2003
$728,000 Awarded to Canadian Prisoner Beaten By Fellow Prisoner Leaving Him Legally Blind by $728,000 Awarded to Canadian Prisoner Beaten By Fellow Prisoner Leaving Him Legally Blind Former Alberta, Canada, prisoner Jeremiah McLellan was sentenced as an adult at age 16 for a 1995 robbery that resulted in two deaths. …
Connecticut Prisons Exempt from Patient Bill of Bights by The Connecticut Supreme Court has held that state prisons are not subject to the patients' bill of rights, Connecticut General Statutes §§ 17a-540 through 17a-550. Bryant Wiseman, 28, died at the Garner Correctional Institution on November 17, 1999, apparently while being …
Article • December 15, 2003
Class Certification in Texas Jail Court Access Case by The Fifth Circuit Court of Appeals reversed a U.S. District Court for the Western District of Texas that refused to grant class certification of a suit brought by indigent prisoners of the Bexar County Jail in Texas regarding the inadequacy of …
Fired, Tattooed, Nude-Posing Guard Settles with Maryland DOC for $10,000 by by Matthew T. Clarke Maryland has agreed to pay an ex-guard who appeared nude on a website and in a tattoo magazine $10,000 to get her to drop her wrongful discharge claim after an administrative law judge sided with …
No Qualified Immunity in KY Jail Beating Death by A federal district court in Kentucky held that officials of the Jefferson county jail in Kentucky were not entitled to qualified immunity in a lawsuit by the estate of Adrian Reynolds, a jail prisoner who was beaten to death by jail …
Florida Juveniles Get Lost among Transfer Shuffle, Extending Stays in Wasting Money by Florida Juveniles Get Lost among Transfer Shuffle, Extending Stays in Wasting Money By David M. Reutter Florida's Department of Juvenile Justice (DJJ) regularly transfers its wards among several programs, resulting in extended terms of incarceration, which has …
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