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Article • September 15, 2003 • from PLN September, 2003
Ninth Circuit Affirms Constitutionality of RLUIPA by by John E. Dannenberg In a case of first impression, the Ninth Circuit U.S. Court of Appeals affirmed a district court ruling that the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) (42 U.S.C. § 2000 cc et seq.) passes constitutional …
Article • September 15, 2003 • from PLN September, 2003
Filed under: Sentencing, Habeas Corpus
Habeas Hints by Kent A. Russell by Kent Russell This column is intended to provide "habeas hints" to prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus …
Article • September 15, 2003 • from PLN September, 2003
From the Editor by Paul Wright When PLN first started publishing in 1990 there were several dozen prisoner rights publications being published around the country and in Canada. California alone had a half dozen. Today most of them have folded. Historically, the United States has had a penal press since …
Military Prisoners Cannot Sue Over Conditions of Confinement by In a landmark decision, the United States Tenth Circuit Court of Appeals, affirming the United States District Court of Kansas, has held that a military prisoner cannot sue over conditions of confinement in a military prison, even if the prisoner is …
Article • September 15, 2003 • from PLN September, 2003
Texas Magistrate Suspended for Verbally Abusing Prisoners by Texas Magistrate Suspended For Verbally Abusing Prisoners by Matthew T. Clarke A Brazoria County, Texas, Justice of the Peace (JP) has been suspended pending the outcome of judicial misconduct proceedings, after he used profanity and racial slurs to verbally abuse prisoners in …
Georgia Jury Awards $325,000 to Prisoner's Widow in Legal Malpractice Case by Georgia Jury Awards $325,000 to Prisoner's Widow In Legal Malpractice Case On July 13, 2002, a Carroll Counrty, Georgia, jury awarded $325,000 to the widow of a prisoner who allegedly died due to medical malpractice and neglect. The …
Article • September 15, 2003 • from PLN September, 2003
Canadian Supreme Court Grants Prisoners Right to Vote by Lonnie Burton On November 3, 2002, the Supreme Court of Canada struck down a law that barred prisoners serving sentences of two years or more from voting in federal elections. In a sharply divided 5-4 decision, the Canadian high court held …
Article • September 15, 2003 • from PLN September, 2003
The Death Penalty in 2001 by According to the Bureau of Justice Statistics (BJS), by the end of December 2001, 3,581 prisoners were under sentence of death in the thirty-seven States and the Federal prison system in the United States. Fewer prisoners (155) were received under sentence of death than …
Article • September 15, 2003 • from PLN September, 2003
Justice Department Report Decries Smuggling in Federal Prisons by Justice Department Report Decries Smuggling in Federal Prisons The U. S. Justice Department has issued a report decrying the ability of smugglers to get regular shipments of drugs even into the highest security federal prisons. The report blames visitors, mail, and …
Article • September 15, 2003 • from PLN September, 2003
Court Okay Needed Before Housing Mentally Ill Prisoners in California Supermax by Court Okay Needed Before Housing Mentally Ill Prisoners in California Supermax The US District Court (E.D. Calif.) issued an order preventing the CA Dept. of Corrections (CDC) from housing mentally ill prisoners in its psychologically isolating and debilitating …
South Carolina Found in Contempt for Non-Treatment of Mentally Ill Prisoners by South Carolina Found in Contempt for Non-Treatment of Mentally Ill Prisoners by Lonnie Burton The South Carolina Department of Mental Health (DMH) and its director were held in contempt of court on September 5, 2002, for ignoring repeated …
Expert Witness Standard in RLUIPA Gang Case by The United States District Court for the Southern District of New York has denied in part and granted in part summary judgment to New York's Department of Correctional Services (DOCS), in a case involving the beliefs, practices, and literature of the Nations …
Tennessee Prisoner Awarded $242,500 in CCA Medical Neglect Suit by On December 3, 2002, a U.S. district court issued a $400,000 judgment against Corrections Corporation of America for violating the rights of Wesley Taylor, a prisoner at the South Central Correctional facility in Tennessee. After hearing Taylor's §1983 federal civil …
Brief • September 12, 2003
Jones v Markham Etal Il Settlement Wrongful Conviction Imprisonment 2003 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - LAW DIVISION RONALD JONES, Plaintiff, v. JOHN MARKHAM, #2913, STEVEN HOOD, #11885, CARL SILVESTRINI #15085, STEVEN WARNER #12475, AND THE CITY OF CHICAGO, Defendants. ) ) ) ) ) …
Brief • September 9, 2003
Minor v. D.C., Settlement, Youth Jail Tour, Strip Search, 2003 I RELEASE KNOW ALL MEN BY THESE PRESENTS, That 1, Michele Minor, residinq:t 14' b M4S~S~3 h.t~, S.l;.. W~4tTPn l).e,. a."O"b Q'> , with Social Security Numbe:t • and /lA, Cf!"€' t-,,;:::M I t£-r>~. " Guardian 'for the minor, Reuben …
Brief • September 4, 2003
Filed under: Media
Nelson v. Department of Social Services, NY, Order, Photography Stipulation, 2003 09/04/03 tal 002 DPW 28-60 THU 17:17 FAX 212 450 5588 -' .., UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORR : ------ -----------------------~~~-------X ISAAC K. NELSON, Plaintiff, -againstD. S . S .; RAYMOND CUNNINGHAM OF EASTERN C.F.; …
U.S. v. Verbickas, CO, Opinion, Prison Conditions, 2003 U.S. v. Verbickas, 75 Fed.Appx. 705 (2003) 75 Fed.Appx. 705 This case was not selected for publication in the Federal Reporter. Not for Publication in West’s Federal Reporter. See Fed. Rule of Appellate Procedure 32.1 generally governing citation of judicial decisions issued …
Brief • September 1, 2003
Young v. Burt, WA, Litigation Settlement Payment, Public Disclosure Act, 2003 ATTORNEY GENERAL'S OFFICE CERTIFICATE ON PUBLIC RECORDS ACT CLAIMILITIGATION 2 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF CLALLAM 3 4 RlCK A. YOUNG, NO. 03-2-00654-1 5 Plaintiff, 6 7 v. P. …
Brief • August 26, 2003
In Re Washington Fl Motion Fuck Censorship School 2003 IN THE CIRCUIT COURT IN AND FOR GADSDEN COUNTY, FLORIDA IN THE INTEREST OF SANDREKA WASHINGTON aka SANDREKA LINDSEY, a child. JUVENILE DIVISION CASE NO. 2005-0153 CJB MOTION TO DISMISS ON CONSTITUTIONAL GROUNDS COMES NOW the Child, by and through the …
Brief • August 23, 2003
Pearson v Tdcj Tx Plf Orig Petition Escape and Death 2003 NO. 03-10143-278-02 BRENDA LAFAYE PEARSON. INDIVIDUALLY. AS THE SURVIVING WIDOW OF FARMER.PEARSON. DECEASED, AND AS THE ADMINISTRATRIX OF HIS ESTATE. and LEODA STEVENS VS. TEXAS DEPARTMENT OF CRIMINAL JUSTICE: ET AL § § § .§ § § § § …
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