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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 …
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 …
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