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Wisconsin Lacks Authority Over Funds of Out-of-State Prisoners by A federal court in Wisconsin held that the Wisconsin Department of Corrections (WDOC) lacks the authority to divert the funds of an out-of-state prisoner into a release account, or to cause the receiving state to do so. In 1998, Wisconsin prisoner …
Article • May 15, 2003 • from PLN May, 2003
Disciplinary Boards are not "State Courts" Under AEDPA by Disciplinary Boards are not "State Courts" Under AEDPA The Seventh Circuit Court of Appeals held that prison disciplinary boards are not "state courts" for purposes of 28 U.S.C. § 2254(e)(1). As such, "the state may not benefit from § 2254 (e) …
Article • May 15, 2003 • from PLN May, 2003
Prison Population Continues to Grow by Continuing a trend first noted in 2000, the Bureau of Justice Statistics (BJS), a division of the U.S. Department of Justice, reported that the overall growth rate of the United States' prison population was quite small. In some states, prison populations actually declined. PLN …
Article • May 15, 2003 • from PLN May, 2003
Filed under: News, News in Brief
News in Brief by Afghanistan: In December, 2002, two prisoners being interrogated by US forces at the Bagram base near Kabul were beaten to death by their captors. Prisoners at the base are routinely kept naked, hooded, shackled and deprived of sleep for days on end while being beaten for …
Article • May 15, 2003 • from PLN May, 2003
Erroneously Released Texas Prisoner Has Right to Street Calendar Time by by Matthew T. Clarke The Fifth Circuit Court of Appeals held that a Texas prisoner erroneously released on mandatory supervision has a right to calendar time spent on the streetbut not any potential good conduct timefollowing revocation. Fernando Thompson, …
Article • May 15, 2003 • from PLN May, 2003
No Escape: Male Rape in U.S. Prisons: A Human Rights Watch Report by Joanne Mariner by Alex Coolman Review by Alex Coolman In April of 2001, Human Rights Watch released a report called No Escape: Male Rape in U.S. Prison. The report, written by Joanne Mariner, contains dozens of first-hand …
Article • May 15, 2003 • from PLN May, 2003
Filed under: Reviews, Court Access
Writing to Win by John E Dannenberg by Steven D. Stark, Broadway Books, 1999, soft back, 283 pages Review by John E. Dannenberg Write succinctly! Or, alterna-tively, bore your intended reading audience to death with burdensome legal treatises steeped in excessive, redundant verbosity, liberally laced with old-as-the-hills cliches. Get it? …
Texas Prison Guard Charged with Raping Male Prisoner; Prisoner Files §1983 Complaint by Texas Prison Guard Charged with Raping Male Prisoner; Prisoner Files §1983 Complaint Nathan Essary, a slightly built 22-year-old prisoner, was gang-raped at the Rogelio Sanchez State Jail near El Paso, Texas. Following the rape, Essary was transferred …
Eighth Circuit Reverses Dismissal of Prisoner's Hepatitis C Treatment Claim by The U.S. Eighth Circuit Court of Appeals has reversed and remanded in part a North Dakota Federal District Court's dismissal of a state prisoner's claim that he was denied treatment for hepatitis C. Dale J. Burke is a prisoner …
Article • May 15, 2003 • from PLN May, 2003
Filed under: Sentencing, Parole
Ohio Supreme Court Orders Changes in Parole Board Procedures by Robert Woodman On December 18, 2002, in a 6-1 decision, the Ohio Supreme Court ordered a fundamental change in the way the Ohio Adult Parole Board, a division of the Adult Parole Authority (APA), makes parole determinations. The decision may …
No Qualified Immunity Defense for Florida Beatings by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that prison guards at the Florida State Prison (FSP) who beat prisoner David. C. Skrtich are not entitled to dismissal. Two of the defendants, Timothy A. Thornton and …
California Pays $1.1 Million in Prison Sexual Harassment Suits by In August 2002, California prison officials agreed to pay a settlement of $400,000 to former guard Terri Sanchez in the latest in a series of suits for aggravated sexual harassment filed by female guards at the California Correctional Center in …
Article • May 15, 2003 • from PLN May, 2003
Twenty Years for Flinging Feces on Texas Guards by On June 23, 2002, in the first case prosecuted before a jury under a new harassment law, a Texas jury convicted a prisoner of harassment and sentenced him to 20-years in prison. Jeffery Wayne Wheatly, a 35-year old Texas state prisoner, …
Article • May 15, 2003 • from PLN May, 2003
Washington Prisoner L & I Statutes Struck Down by Washington Prisoner L & I Statutes Struck Down The Washington Supreme Court struck down a statutory scheme which denies labor and industries benefits to state prisoners with life sentences and no dependents. RCW 51.32.040(3) and 72.60.102 were declared unconstitutional. because they …
Article • May 15, 2003 • from PLN May, 2003
BOP Communion Wine Ban Challenged by David Reutter by David M. Reutter The Court of Appeals for the District of Columbia has reversed the grant of summary judgment favoring prison officials in a Bivens action filed by Catholic Christian prisoners at the Federal Prison Camp in Pensacola, Florida, which challenged …
Injury Report Satisfies Texas Tort Claims Actual Notice Requirement by by Matthew T. Clarke A Texas state court of appeals has ruled that the safety investigation and accident report of an accident in which a prisoner was injured gave the prison system actual notice of the prisoner's claim as required …
Psychologist Not Qualifiedly Immune in Prisoner Suicide Suit by John E Dannenberg by John E. Dannenberg The Sixth Circuit US Court of Appeals ruled that a prison psychologist's awareness of a prisoner's potential for suicide was sufficient to defeat the psychologist's qualified immunity defense in a 42 U.S.C. § 1983 …
Article • May 15, 2003 • from PLN May, 2003
BJS Summarizes State Sex Offender Registries by The Bureau of Justice Statistics (BJS), a division of the U.S. Department of Justice, released a state-by-state summary of the Sex Offender Registries (SOR's) throughout the United States. The report, released in March 2002, compared the states' SOR's in February 2001 to BJS's …
Article • May 15, 2003 • from PLN May, 2003
Texas Guard's Conviction Reversed by A Texas court of appeals has reversed for retrial the conviction of former Texas City Unit TDCJ-ID guard Charles Melvin Page for sexual assault and impersonating a police officer. Page was convicted of having flashed a badge, claimed he was a cop, and demanded oral …
Article • May 15, 2003 • from PLN May, 2003
No Right to Artificial Insemination by John E Dannenberg by John E. Dannenberg The US Court of Appeals for the Ninth Circuit ruled that the right to procreate is fundamentally inconsistent with incarceration, thereby upholding a California state prison policy disallowing a prisoner from sending a sperm specimen to his …
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