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Article • December 15, 2002 • from PLN December, 2002
Fatal Overdoses: Drugs and Death in Prison by On April 27, 1997, at Ohio's Trumbull Correctional Institution, Daniel Ray Williams died by lethal injection. Williams, then 37, was not on death row; the lethal injection was a self-administered dose of heroin. Robert Baksi, a Trumbull prisoner who reportedly had a …
Article • December 15, 2002 • from PLN December, 2002
Ex-Georgia Sheriff Convicted in Ambush Killing of Successor by Lonnie Burton Former Georgia Sheriff Sidney Dorsey was convicted on July 10 for ordering the assassination of his political rival, a man who defeated him for sheriff in the 2000 elections. Dorsey was convicted of first-degree murder for the slaying of …
Article • December 15, 2002 • from PLN December, 2002
The Unmourned Death of Felony Murder by Assault in Washington by David Zuckerman by Suzanne Lee Elliott and David B. Zuckerman For at least 36 years, Washington has permitted defendants to be convicted of felony murder in the second degree when the underlying felony is assault. Prisoners rightly complained that …
Prisoner's Medical Information Privacy Right Established in Third Circuit by by Matthew T. Clarke The Court of Appeals for the Third Circuit has established that prisoners have a right to privacy in their medical information albeit not to the same extent as a free citizen. However, the Third Circuit dismissed …
Article • December 15, 2002 • from PLN December, 2002
Alaska Prison Design Case Settles for $1 Million by In August, 2001, the state of Alaska settled a lawsuit involving faulty prison design which resulted in serious injury to a prisoner for $1,000,000. In February, 1994, Carry Johnson was returning to his cell at the Ketchikan Correctional Center in Alaska. …
Article • December 15, 2002 • from PLN December, 2002
Dismissal of Legal Mail and Retaliation Claims Reversed by by Matthew T. Clarke The Court of Appeals for the Eighth Circuit has reversed the district court's dismissal of claims that prison officials violated a prisoner's right of access to courts and retaliated against him for litigating against them. William R. …
Article • December 15, 2002 • from PLN December, 2002
Washington DOC Pays $2,306.22 in Prisoner PDA Suit by On October 17, 2001, the Washington Department of Corrections ("DOC") agreed to settle a suit filed against it pursuant to Washington's Public Disclosure Act ("PDA") for $2,306.22. The PDA, like its federal counterpart the Freedom of Information Act, requires all state …
Article • December 15, 2002 • from PLN December, 2002
Furniture Makers Challenge UNICOR by Gary Hunter The Coalition for Government Procurement brought charges against the Federal Prison Industries alleging nine violations of the Administrative Procedures Act between 1991 and 1995. Legislation on this topic had been pending for several years. On August 18, 2001 the U.S. District Court for …
Article • December 15, 2002 • from PLN December, 2002
California's "Son of Sam" Law Held Unconstitutional by John E Dannenberg by John E. Dannenberg The California Supreme Court overturned the state law confiscating a convicted felon's profits derived from any form of expressive material that recounted the exploits connected with his/her conviction. Following the U.S. Supreme Court decision in …
Medical Care Still Deficient in Texas Prisons by Gary Hunter Deficient medical care at the unit level has Texas prisons incubating a new, more virulent strain of HIV. Dr. William Obrien is one of the most noted doctors on staff with the University of Texas Medical Branch. (UTMB) Over a …
Article • December 15, 2002 • from PLN December, 2002
Pro Se Tips and Tactics by John Midgley The Supreme Court recently decided a case that may affect where you want to file a lawsuit against state defendants. There are some circumstances in which you may want to file your claims, including your federal claims, in state court. 1. The …
Ohio Prisons Make Almost $5 Million in Improper Food and Education Payments by Roger Hummel After receiving an anonymous tip about billing irregularities, the Ohio State Auditor conducted a special audit of the two state prisons: the Noble Correctional Institution (NCI) at Caldwell and the Belmont Correctional Institution (BCI) in …
Article • December 15, 2002 • from PLN December, 2002
Correctional Medical Services Pays Out Another $1 Million in 1997 Ohio Escape, Murder by The family of Charles Dials, who was carjacked and killed by prisoner Alva Campbell during an escape attempt in April 1997, was awarded a $1 million default judgment against CMS in Franklin County (OH) Common Pleas …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Civil Procedure, Complaints
Complaint Needs Only Short, Plain Statement of Claim by Akos Swierkiewicz, a 53 year old Hungarian working for Sorema N.A., sued the company under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act (ADEA). The District Court for the Southern District of New York dismissed, …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Crime/Demographics, Crime
HUD Leases Must Evict Innocent Tenants for "Any" Drug Activity by HUD Leases Must Evict Innocent Tenants for "Any" Drug Activity Four tenants of Oakland Housing Authority (OHA), public housing subsidized by the U.S. Department of Housing and Urban Development (HUD), faced eviction proceedings from their apartments because of the …
Article • December 15, 2002 • from PLN December, 2002
Unnamed Class Members Can Object to Settlement by Robert Devlin, a pensioner and unnamed class member in a class action suit involving his company pension, attempted to intervene to block a proposed class settlement. The Maryland Federal District Court barred intervention as untimely and accepted the settlement. Devlin appealed, and …
Article • December 15, 2002 • from PLN December, 2002
Jail Over Detention From Lack of Release Policy Actionable Under Section 1983 by An Indiana county jail's lack of policy for the eventual release of detainees arrested pursuant to a Body Attachment raised sufficient facts to defeat the sheriff's motion for summary judgment, thus allowing an overdetained prisoner's civil rights …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Sentencing, Good Time
Good Time Allowed on Washington Weapon Enhancements by Sam Rutherford The Washington Supreme Court recently held that prisoners are entitled to good time credits for time served in presentence detention, even if they receive a firearm or other deadly weapon sentence enhancement following conviction. Understanding the Court's ruling first requires …
Article • December 15, 2002 • from PLN December, 2002
From the Editor by Paul Wright This is the last issue of PLN for the year. We would like to thank all of our readers for your continued support which makes PLN possible. PLN's office staff notes that many readers send letters to our office that do not have the …
Article • December 15, 2002 • from PLN December, 2002
Colorado Sex Offenders Freed from Mandatory Parole by Bob Williams In one of the most criticized and widely reported rulings in Colorado history, the state Supreme Court has held that the state's mandatory parole laws do not apply to sex offenders whose crimes were committed on or after July 1, …
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