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Article • April 15, 2006 • from PLN April, 2006
California DOC Settles Racially Determinative Housing Suit by John Dannenberg by John E. Dannenberg Upon remand from the U.S. Supreme Court (Johnson v. California, 125 S.Ct. 1141 (2005)), the California Department of Corrections and Rehabilitation (CDCR) entered into a settlement agreement with plaintiff prisoner Garrison Johnson wherein CDCR agreed to …
Article • April 15, 2006 • from PLN April, 2006
Alabama Work Release Prisoners Reclassified Following Escapes by In late September 2005, 275 minimum-security Alabama prisoners were moved from work camps to maximum-security prisons pursuant to an order by Governor Bob Riley. The prisoners had done nothing wrong. The move was purely reactionary following the escape of 3 prisoners in …
Fair Labor Standards Acts Minimum Wage Provision Not Applicable to Private Prisons by Fair Labor Standards Acts Minimum Wage Provision Not Applicable to Private Prisons The Seventh Circuit Appeals Court affirmed a lower courts decision that held prisoners are not entitled to the minimum wage provision of the Fair Labor …
Michigan Jail's Disproportionate Treatment of Women Results in $855,000 Settlement Agreement by A Michigan federal district court has approved a settlement awarding $855,000 in a class action alleging the conditions of confinement for women at the Livingston County Jail were disproportionate to that of men held at the jail. The …
Article • March 15, 2006 • from PLN March, 2006
Sixth Circuit PLRA Fee Set at $169.50 Not $135 by The Sixth Circuit Court of Appeals joined the Ninth Circuit in holding that the maximum allowable attorney fees under the [Prison Litigation Reform Act (PLRA)] should be based on the amounts authorized by the Judicial Conference, not the amount actually …
Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA by Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA The Fourth Circuit Court of Appeals reversed a district courts award of $35,934.66 in attorneys fees, costs, and expenses under the …
8th Circuit Invalidates BOP Halfway House Policy; 7th Circuit Says Challenge Not Cognizable on Habeas by 8th Circuit Invalidates BOP Halfway House Policy; 7th Circuit Says Challenge Not Cognizable on Habeas The Eighth Circuit Court Of Appeals reversed the denial of a federal prisoner's 28 U.S.C. § 2241 habeas corpus …
Article • February 15, 2006 • from PLN February, 2006
Washington DOC Must Ship Prisoners' Property For Free by The Washington State Supreme Court (Supreme Court) has re-instated a lawsuit challenging Department of Corrections (DOC) Policy 440.000 (Policy). The Policy requires prisoners who are transferred to another prison to pay shipping costs for their property. Lonnie Burton, Gordon Lebar, James …
Article • February 15, 2006 • from PLN February, 2006
Filed under: Work Release, Work, Prison Labor
Prisoners Labor at Wisconsin Wal-Mart Site by by Michael Rigby Wal-Mart is using prison labor to build a new distribution center in Beaver Dam, Wisconsin. Local residents have expressed safety concerns and also worry that lower paid prisoners are siphoning jobs away from the community. Prisoners working at the Wal-Mart …
Dismissal of §1983 Complaint Against Ohio CCA Prison Reversed by by Bob Williams The United States Court of Appeals for the DC Circuit has reversed the dismissal of a 42 U.S.C. § 1983 prisoner complaint against the CCA facility at Youngstown, Ohio, finding the complaint did state a claim of …
Virginia Federal Court: Over 47 Hours in by Virginia Federal Court: Over 47 Hours in Five-Point Restraint Unconstitutional by Matthew T. Clarke A federal court in Virginia held that prison officials violated a prisoner's constitutional rights when they strapped his ankles, wrists and chest to a bed for over 67 …
Guards Rape, Sexually Harass and Smuggle at Colorado Prisons by by Matthew T. Clarke There are new troubles at several prisons in Colorado. At a 250-bed GRW-run private prison in Brush, a tiny town 91 miles northwest of Denver, the newly-resigned ex-warden and two guards have been indicted in relation …
Article • October 15, 2005 • from PLN October, 2005
Denial of New Jersey Work Credits Violates Equal Protection by A New Jersey appellate court held that denying work credits to prisoners serving concurrent New Jersey sentences in other states violates the equal protection clause of the New Jersey Constitution. On February 11, 1978, Charles VanWinkle began serving a seventeen …
Article • October 15, 2005 • from PLN October, 2005
Parole Officers Not Absolutely Immune For Conduct Distinct From Parole Decisions by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that California Department of Corrections (CDC) parole officers were not absolutely immune from suit by a former prisoner who alleged he was re-incarcerated because the officers …
Article • October 15, 2005
No Liberty Interest in Judicially Ordered Work Release by The plaintiff did not have a liberty interest in staying on work release, since his placement on work release was part of his criminal sentence, and the sentencing judge made the decision to remove him from work release. At 631: "Altering …
Article • October 15, 2005
FL Work Releasee's Reporting to Work Late Doesn't Amount to Escape by Leon Williams, a prisoner in a state work release center, left the center to walk to work but was 90 minutes late getting there. When he arrived he was arrested and charged with escape under Fla. Stat. sec. …
300 More Washington Prisoners Headed to CCA Prisons by As we predicted, Washington's sentencing reform" has sharply increased the state's prison population to approximately 17,6001,400 prisoner's overcapacityadding 2,100 prisoners within the last two years alone. Worse yet, nothing, including slashing sentences by up to 50 percent for a few hundred …
Article • July 15, 2005 • from PLN July, 2005
U.S. Supreme Court Holds California Policy Of Double-Celling By Race During Prison Intake Must Pass by Marvin Mentor U.S. Supreme Court Holds California Policy Of Double-Celling By Race During Prison Intake Must Pass Strict Scrutiny," Not Rational Relationship" Test by Marvin Mentor The U.S. Supreme Court ruled that the strict …
Article • July 15, 2005 • from PLN July, 2005
Sex Offenders Living In Nursing Homes by by Matthew T. Clarke A recent study revealed that hundreds of sex offenders live in state-regulated nursing homes nationwide. An Oklahoma-based advocacy group, A Perfect Cause, performed a computer search of the nation's sex-offender registries and cross-matched it with the addresses of the …
CSC May Be Liable For Retention of Sexually Abusive Employee by by Matthew T.Clarke A federal district court in New York has held that Correctional Services Corporation (CSC) may be liable for retaining an employee at a CSC-run halfway house after his sexual abuse of female prisoners was reported to …
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