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Article • January 15, 2003 • from PLN January, 2003
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 …
Article • January 15, 2003 • from PLN January, 2003
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 …
Article • January 15, 2003 • from PLN January, 2003
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 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 …
Article • January 15, 2003 • from PLN January, 2003
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 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 …
Article • January 15, 2003 • from PLN January, 2003
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 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 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 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 …
Article • January 15, 2003 • from PLN January, 2003
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 …
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 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 …
Deaf Michigan Prisoner's ADA/RA Suit Survives Dismissal Challenge by A Michigan District Court has granted in part and denied in part Michigan Department of Corrections (MDOC) officials' motion to dismiss a state prisoner's suit against MDOC under the Americans with Disabilities Act (ADA), 42 U.S.C. §12101, et. seq., and the …
Article • January 15, 2003 • from PLN January, 2003
Filed under: Sentencing, Parole
USPC Parole Revocation Policies Violate Due Process by David Reutter by David M. Reutter A federal district court for the Dis-trict of Columbia has granted injunctive relief to prisoners challenging the United State Parole Commissions (USPC) unconstitutional policies, which unduly delay revocation of parole proceedings. The USPC assumed the powers, …
Article • January 15, 2003 • from PLN January, 2003
Amendment of Complaint to Identify Unknown Defendant Denied by The Third Circuit Court of Appeals has affirmed a Pennsylvania District Court's grant of summary judgment to Pennsylvania Department of Corrections (PADOC) officials and denial of Plaintiff's motion to amend the suit to substitute a new, named defendant for a previously-unnamed …
Article • January 15, 2003 • from PLN January, 2003
Trial in Prison Violates Oregon's "Public Trial" Guarantee by The Oregon Court of Appeals held that a trial conducted within the confines of a prison that was not open to the public violated Oregon's constitutional guarantee of a public trial. James Jackson, a prisoner at the Snake River Correctional Institution, …
Denial of Wheelchair Claims Survive Summary Judgment by A federal court in Massachusetts held that issues of material fact concerning the extent of a prisoner's injuries precluded summary judgment. The court also held that the corrections commissioner was not entitled to qualified immunity related to the denial of a wheelchair …
PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded by David Reutter by David M. Reutter A federal district court in South Dakota has held the PLRA attorney fees provision does not apply to juvenile facilities, and awarded $379,000 in attorney fees and costs. The court …
Article • January 15, 2003 • from PLN January, 2003
Excessive Force and Delaying Medical Treatment Defeats Dismissal by A federal district court in Rhode Island has denied a prison guard's Motion to Dismiss a prisoner's claim that the guard intentionally slammed a cell door on the prisoner's fingers, and waited over an hour to get the prisoner medical treatment. …
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