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Farrell v Harper Complaint Ca Juvenile Conditions 2003
Brief • January 16, 2003
Farrell v Harper Complaint Ca Juvenile Conditions 2003 1 2 3 4 5 6 7 LATHAM & WAT KINS, LLP RICHARD B. ULME R JR. # 124561 135 Commonwealth Drive. Menlo Park, CA 94025 (650) 328-4600 PRISON LAW OFFICE DONALD SPECTE R # 83925 SARA NORMAN # 189536 ANNE MAN …
News in Brief
Article • January 15, 2003 • from PLN January, 2003
Filed under: News, News in Brief
News in Brief by Alabama: On May 8, 2002, Mobile county sheriff Jack Tillman fired jail warden Kenneth Cooper for making false statements on his job application. Cooper claimed he had graduated from Valdosta State with a bachelor's degree in physical education. School records indicate he never graduated. Alaska: On …
7th Circuit Denies Qualified Immunity on ETS Claim
Article • January 15, 2003 • from PLN January, 2003
Filed under: Medical, Respiratory, Allergy, Smoking, Qualified Immunity
7th Circuit Denies Qualified Immunity on ETS Claim by The Seventh Circuit Court of Ap-peals held that prison officials were not entitled to qualified immunity on a claim of exposure to environmental tobacco smoke (ETS). Wisconsin DOC prisoner Chad J. Alvarado brought suit against prison officials alleging an Eighth Amendment …
FLSA Inapplicable to Oklahoma Prisoners in Private Prisons
Article • January 15, 2003 • from PLN January, 2003
Filed under: Private Prisons, Cornell Corrections, Prison Labor, Fair Labor Standards Act
FLSA Inapplicable to Oklahoma Prisoners in Private Prisons by An Oklahoma appellate court held that the Fair Labor Standards Act, (FLSA) does not apply to prisoners in private prisons. Michael Washington, a prisoner of the Oklahoma Department of Corrections, (ODOC), was transferred to the Great Plains Correctional Facility, (GPCF), a …
All Aspects of Inadequate Medical Need Not Be Exhausted
Article • January 15, 2003 • from PLN January, 2003
Filed under: Medical, Hepatitis, Administrative Exhaustion (PLRA)
All Aspects of Inadequate Medical Need Not Be Exhausted by A federal court in California held that it is not necessary for a prisoner to allege every aspect of inadequate medical care claims in a grievance for purposes of exhausting administrative remedies under the Prison Litigation Reform Act (PLRA). On …
From the Editor
Article • January 15, 2003 • from PLN January, 2003
Filed under: Commentary/Reviews, Editorials
From the Editor by Paul Wright Welcome to the first issue of PLN for 2003. If you have not yet been donated to PLN's annual fund-raiser it is not too late to do so. All donations, large or small, help. Your donations go directly to supporting the work that PLN …
Habeas Hints: Procedural Update
Article • January 15, 2003 • from PLN January, 2003
Filed under: Civil Procedure, Administrative Exhaustion, Limitations, Habeas Corpus
Habeas Hints: Procedural Update by Kent Russell This column is intended to pro-vide habeas hints for prisoners who are considering or handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs habeas …
The Long Silence: Federal Prisoners' Fight to Get the Word Out Reaches Unprintable Extremes
Article • January 15, 2003 • from PLN January, 2003
Filed under: Retaliation for Media Contact, Publications/Books, Media, Prisoner Media, Censorship
The Long Silence: Federal Prisoners' Fight to Get the Word Out Reaches Unprintable Extremes by Alan Prendergast As an aspiring 26-year-old writer with a dark past, Mark Jordan figures he has plenty to tell the world. He has stories about bank robberies, for instance, and the many episodes of violence …
Book Review: From Prison to Home
Article • January 15, 2003 • from PLN January, 2003
Filed under: Reviews, Statistics/Trends, Prisoner Privileges, Rehabilitation/Recidivism, Parole
Book Review: From Prison to Home by Roger Hummel by Jeremy Travis, Amy Solomon and Michelle Waul Justice Policy Center, the Urban Institute, Washington DC, 2001, 56 pages, paper Review by Roger Hummel In a remarkable new book from the Urban Institute's Justice Policy Center, the dimensions of prisoner reentry …
North Carolina Jail Fire Kills Eight Prisoners
Article • January 15, 2003 • from PLN January, 2003
Filed under: Jail Misconduct, Fire Hazards, Wrongful Death, Accidents
North Carolina Jail Fire Kills Eight Prisoners by A fire in the Mitchell county jail at Bakersville, North Carolina killed eight prisoners on May 3rd. Joey Grindstaff, 23; Mark Thomas, 20; Edmond Banks, 46; Danny Johnson, 42; Jesse Davis, 27; Jeremiah Presnell, 20; Jason Boston, 27; and Tywain Neal, 28 …
Alabama DOC Quickly Settles Prison Working Conditions Suit
Article • January 15, 2003 • from PLN January, 2003
Filed under: Work, Prison Industries, Prison Labor, Workplace Injury, Work Conditions/Safety, HIV/AIDS, Toxic Fumes/Chemicals, Sewage
Alabama DOC Quickly Settles Prison Working Conditions Suit by John E Dannenberg by John E. Dannenberg On January 8, 2002, a scant two months after being sued, Alabama Department of Corrections (DOC) officials settled a class action complaint filed on behalf of 200 prison workers at the Elmore Correctional Facility …
Hustler Magazine Survives Arizona Prison Obscenity Test
Article • January 15, 2003 • from PLN January, 2003
Filed under: Damages, Costs, Consent Decrees, Mail, Publications/Books, Sexually Explicit Materials
Hustler Magazine Survives Arizona Prison Obscenity Test by On remand from the Ninth Circuit, the U.S. District Court for the District of Arizona found that prison officials were misapplying the constitutional obscenity standard and improperly seizing a prisoner's copies of Hustler magazine. Prison officials were ordered to pay $65 in …
Los Angeles County Settles Overdetention Suits for $27 Million
Article • January 15, 2003 • from PLN January, 2003
Filed under: Searches, Strip Searches, Arrestee Searches, Damages, Wrongful Imprisonment, Municipal Liability
Los Angeles County Settles Overdetention Suits for $27 Million by John E Dannenberg by John E. Dannenberg In the largest legal settlement in its history, the Los Angeles County Board of Supervisors agreed in May, 2002 to pay $27 million to compensate 400,000 former jail prisoners who had been held …
Sexual Assault Violates Eighth Amendment
Article • January 15, 2003 • from PLN January, 2003
Filed under: Staff-Prisoner Assault, Private Prisons, CMS, Medical Misconduct, OB/GYN
Sexual Assault Violates Eighth Amendment by A federal district court in Delaware has held, in denying a motion to dismiss, that a sexual assault during an obstetric medical exam violates the Eighth Amendment. Baylor Women's Correctional Facility prisoner Shalnessa Goode sued, under 42 U.S.C. § 1983, Correctional Medical Services (CMS) …
Wackenhut Warden and Six Guards Convicted In New Mexico Prisoner Beatings
Article • January 15, 2003 • from PLN January, 2003
Filed under: GEO Group/Wackenhut, Contractor Misconduct, Guard Misconduct, Crime/Demographics, Criminal Prosecution, Guard Brutality/Beatings
Wackenhut Warden and Six Guards Convicted In New Mexico Prisoner Beatings by by Matthew T. Clarke Six guards and a warden have been convicted in federal court of charges stemming from brutal beatings and subsequent cover up attempts at the 1,200 man Lea County Correctional Facility in Hoots, New Mexico, …
California's Parole Revocation System Violates Due Process
Article • January 15, 2003 • from PLN January, 2003
Filed under: Attorney Fee Awards, Appointment of Counsel, Attorney Client, PLRA, Injunctions (PLRA), Parole
California's Parole Revocation System Violates Due Process by John E Dannenberg by John E. Dannenberg In a class action civil rights case, the United States District Court (E.D. Calif.) held that California's parole revocation system violates procedural due process of law because it does not provide for a preliminary hearing …
Virginia Guards Acquitted of Assaulting Prisoner
Article • January 15, 2003 • from PLN January, 2003
Filed under: Guard Misconduct, Crime/Demographics, Criminal Prosecution, Guard Brutality/Beatings, Restraints
Virginia Guards Acquitted of Assaulting Prisoner by Michael Rigby Three former prison guards were acquitted March 27, 2002 on charges of beating a shackled prisoner at the Wallens Ridge State Prison, a Virginia supermax. Lt. Jeffrey Compton, Sgt. Mathew Hamilton and Michael Bliley were charged with felonious assault and fired …
Sentence Commuted for Sexually Assaulted New Mexico Prisoner
Article • January 15, 2003 • from PLN January, 2003
Filed under: Staff-Prisoner Assault, Sentencing, Pardons/Clemency
Sentence Commuted for Sexually Assaulted New Mexico Prisoner by Sentence Commuted For Sexually Assaulted New Mexico Prisoner On May 30, 2002, New Mexico governor Gary Johnson (R) commuted the sentence of Belinda Dillon, a prisoner at the New Mexico State Women's Correctional Facility. The commutation came after several guards at …
Ninth Circuit Upholds BOP's Prorated Good Time Formula
Article • January 15, 2003 • from PLN January, 2003
Filed under: Sentencing, Good Time
Ninth Circuit Upholds BOP's Prorated Good Time Formula by Ninth Circuit Upholds BOP'S Prorated Good Time Formula The Ninth Circuit Court of Appeals held that the Bureau of Prisons' (BOPS') application of good time credits on a prorated basis during the final year of confinement is a reasonable interpretation of …
Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion to Dismiss
Article • January 15, 2003 • from PLN January, 2003
Filed under: Conditions of Confinement, Toxic Fumes/Chemicals, Administrative Exhaustion (PLRA)
Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion to Dismiss by Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion To Dismiss The US District Court (S.D. Cal.) held that the inartful pro se pleadings of a California state prisoner were sufficient to exhaust his administrative remedies for purposes …
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