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Article • May 15, 2007 • from PLN May, 2007
Missouri’s Lethal Injection Protocol Unconstitutional; Executions Stayed by Missouri's Lethal Injection Protocol Unconstitutional; Executions Stayed Finding the current method of Missouri's execution of prisoners by lethal injection subjected condemned prisoners to "an unacceptable risk of suffering unconstitutional pain and suffering," a Missouri federal district court stayed all executions in the …
Innocent Idaho Prisoner Receives $900,000 for 21 Years Wrongful Incarceration by After spending nearly twenty-one years incarcerated for murder, Donald M. Paradis was released from Idaho?s death row on April 10, 2001. Now, just over fiver years later, Paradis is set to receive $900,000 for his wrongful conviction and incarceration. …
Article • May 15, 2007
Paralegal Ban Denies Effective Assistance of Counsel by The court of appeals for the Second circuit held that a New York prison policy denying a segregation unit/death row prisoner the ability to see paralegals employed by his attorney denied him effective assistance of counsel. The court denied prison officials qualified …
Article • May 15, 2007
District Court Approves Victim Impact Evidence in Death Penalty Cases by The Federal District Court for the Middle District of Pennsylvania, upheld the Federal Death Penalty Act as constitutional and approved, with restrictions, the use of victim impact evidence in a federal death penalty case. Michael J. O'Driscoll, a federal …
Denial of Continuance on Summary Judgment Proper, Summary Judgment Improper by The U.S. Eleventh Circuit Court of Appeals held that a Florida federal district court's denial of a Florida Department of Corrections (DOC) prisoner's motion to stay consideration of DOC defendants' motion for summary judgment was not abuse of discretion. …
Article • May 15, 2007
Federal Death Penalty Held Unconstitutional by The United States District Court for the Southern District of New York has held that the Federal Death Penalty Act (FDPA), 18 U.S.C. §§ 3591-3598, is unconstitutional. Alan Quinones and Diego Rodriguez were charged with drug offenses and murder under various federal statutes. The …
Article • May 15, 2007
Arizona Internet Ban Permanently Enjoined by John E Dannenberg by John E. Dannenberg On May 19, 2003, the U.S. District Court (D. Ariz.) granted summary judgment, permanently enjoining enforcement of Arizona House Bill 2376 (HB 2376), a 2002 state statute that had made it a misdemeanor for Arizona Department of …
Fact Issues Preclude Summary Judgment Of Prisoner's Sixth Amendment Claim by The U.S. Ninth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of a prisoner's claim against prison officials for allegedly violating his Sixth Amendment right to self-representation. In 1976, Nevada state prisoner James …
Article • May 15, 2007
New Jersey Supreme Court Orders Parole, Halfway House Placement by The Supreme Court of New Jersey ordered a prisoner to be released on parole after satisfactory completion of 12 months in a halfway house. Thomas Trantino, a New Jersey state prisoner, was convicted of murdering a police officer in 1963. …
Article • May 15, 2007
Mentally Disturbed Prisoner Capable Of Own Litigation For Method Of Execution by The Fifth Circuit held Texas State prisoner Angel Maturino Resendiz was competent to litigate his 42 U.S.C. § 1983 suit alleging Eighth Amendment violation for the method of his execution; however, the lower court erred by dismissing with …
Article • May 15, 2007
Death Row Prisoner Awarded One Dollar For Lung Damage by California State death row prisoner Dennis Ervine claimed Eighth Amendment violation where alleged bacteria from a dental procedure caused respiratory damage. After dismissal of key testimony from former prison personnel, on March 27, 2006, the jury found no conscious attempt …
Article • May 15, 2007
Challenge to Maryland's Lethal Injection Procedure Allowed by The plaintiff challenged Maryland's lethal injection procedure, alleging that during the last execution the barbiturate leaked all over the floor. His claim is a proper § 1983 claim under Nelson v. Campbell, since the issue here is the administration of an IV, …
Florida Warden Susceptible to Liability in Valdes’ Murder; Suit Settles for $1,169,923.42 by David Reutter Florida Warden Susceptible to Liability in Valdes' Murder; Suit Settles for $1,169,923.42 by David M. Reutter While former Florida Department of Corrections director James Crosby was never charged in the murder of Florida death row …
Article • March 15, 2007 • from PLN March, 2007
China’s Death Penalty On Wheels by Gary Hunter China's Death Penalty On Wheels by Gary Bunter China's death penalty has gone mobile. Death vans are now replacing firing squads as the preferred method of execution. In the past, condemned prisoners were executed publicly in prisons or court buildings. Kang Zhongwen, …
Aramark: Prison Food Service with a Bad Aftertaste by John Dannenberg by John E. Dannenberg Aramark, Inc. is a Philadelphia-based $10 billion/yr. Fortune 500 company providing diverse institutional food services. Its Illinois-based subsidiary, Aramark Correctional Services, Inc., (ACSI), which bought out Wackenhut's Correctional Foodservice Management division in 2000, contracts with …
California Guard Murdered By Prisoner; Investigative Reports Blame Gross Staff Incompetence by Marvin Mentor A prison guard at the California Institution for Men (CIM) at Chino was stabbed to death in the Sycamore Hall housing unit on January 10, 2005 by an East Coast Crips gang-affiliated prisoner who had just …
Focus on Sex Offenders Increases While Number of Sex Offenses Decline by In September, 2006 the U.S. Bureau of Justice Statistics released its annual Crime Victimization report for 2005, which indicated a dramatic drop in the number of rapes and sexual assaults nationally. The 191,670 reported incidents represent an almost …
Article • October 15, 2006 • from PLN October, 2006
Mumia Abu-Jamal Honored in Paris, France by Gary Hunter Prison Legal News columnist Mumia Abu-Jamal was recently honored by the citizens of Paris, France who named a street in his honor. The controversial Philadelphia figure has the dual distinction of being a hero in one country and a villain in …
Article • October 15, 2006 • from PLN October, 2006
Supreme Court: Lethal Injection Procedure May Be Challenged Via § 1983 by John Dannenberg by John E. Dannenberg A unanimous U.S. Supreme Court held that a condemned prisoner's challenge to the procedure used in lethal injection may be brought in 42 U.S.C. § 1983 and need not be brought in …
Article • June 15, 2006 • from PLN June, 2006
Filed under: Death Row, Media, Prisoner Media
The Decline and Fall of the Prison Press by Leah Caldwell It was a melee, a riot, a simmering dispute. Despite the nomenclature, coverage of the August 9, 2005, prisoner incident at San Quentin prison was hardly diversified. 39 prisoners were injured in one of the largest riots since 1982 …
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