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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 …
Article • May 15, 2006 • from PLN May, 2006
Fall Escapes Plague Local, State Agencies in Houston Area by by Michael Rigby During a two week period in late 2005, prisoners in the Houston area escaped from all levels of custody. One prisoner escaped from the city jail, another vanished from the back of a prison van, and a …
Georgia Prisons: A Blight On The Peach State by Michael Rigby During the Civil War, General William Tecumseh Shermans devastating march through the South was a blight on Georgia and all who lived there. Today, the safety of many Georgians particularly the 50,000 confined in the states 37 prisons is …
Article • January 15, 2006 • from PLN January, 2006
President Bush Orders Compliance With World Court Order, Withdraws From Optional Protocol by by Matthew T. Clarke President Bush has ordered the states to comply with a March 2004 decision of the International Court of Justice, also known as the World Court. In that decision the World Court ruled that …
Article • January 15, 2006 • from PLN January, 2006
California's New Governor Has Paroled 102 Lifers, But Rejected Twice That Many by The good news is that as of September 30, 2005, California Governor Arnold Schwarzenegger has approved 102 lifers for parole since taking office two years ago, a vast improvement over former Governor Gray Davis' record of paroling …
Article • January 15, 2006 • from PLN January, 2006
Lethal Injection Painful, Study Suggests; U.S. Supreme Court to Consider Issue by by Michael Rigby Hundreds of prisoners killed by lethal injectionthe preferred method of execution in 37 states and the federal Bureau of Prisonsmay have suffered agonizing deaths due to a routine failure to administer enough anesthesia, according to …
Article • November 15, 2005 • from PLN November, 2005
Supreme Court Holds Penalty Phase by Supreme Court Holds Penalty Phase Shackling Violates the Due Process In a 7-to-2 decision that Justices Thomas and Scalia criticized as shunning common sense and risk[ing] the lives of courtroom personnel, with little corresponding benefit to defendants," the United States Supreme Court held that …
Bringing Down The Brotherhood by by Alan Prendergast Inside the feds' war on the deadliest prison gang: 16 murders. 21 death-penalty cases. Snitches galore. A wide red line runs across the floor of the visiting room like a clown's grin, separating the guard post and the civilian exit from the …
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