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Ohio Appeals Court Upholds $7,820 Award for 70 Days Unlawful Incarceration by By Robert H. Woodman The Tenth District Court of Appeals of Ohio upheld a $7,820 damages award by the Ohio Court of Claims to Alton M. Stroud, a prisoner of the Ohio Department of Rehabilitation and Correction (DORC). …
Rhode Island Prisoner Awarded $3,900 for False Imprisonment by A Rhode Island jury awarded a prisoner $3,900 for false imprisonment on April 21, 2004. In August 1994, William Ross was incarcerated and held by the Rhode Island Department of Corrections (RIDOC) on a minor larceny charge. During his incarceration, the …
Uprising by Vermont Prisoners Damages CCA Prison in Kentucky by Matthew Clarke by Matthew T. Clarke On September 14, 2004, a prisoner uprising rocked the 816-bed, 88-acre Lee Adjustment Center (LAC), a private prison owned and operated by Corrections Corporation of America (CCA) in Lee County, Kentucky. The Prison LAC …
Article • March 15, 2005 • from PLN March, 2005
9th Circuit Explains Habeas Jurisdiction Under 28 U.S.C. § 2254, Upholds Washington Transfer to Priv by 9th Circuit Explains Habeas Jurisdiction Under 28 U.S.C. § 2254, Upholds Washington Transfer to Private Prison The U.S. Court of Appeals for the Ninth Circuit has held that a state prisoner serving time on …
Uprisings at CCA Prisons Reveal Weaknesses in Out-of-State Imprisonment Policies by by Matthew T. Clarke States strapped by tight budgets and pressed by a swell of prisoners are faced with the Hobson's choice of releasing prisoners early to ease overcrowding or building prisons they can ill afford to construct and …
Article • January 15, 2005 • from PLN January, 2005
Qualified Immunity Denied to Supervising Driver's License Examiner in Oklahoma Prisoner's Rape by David Reutter by David M. Reutter The Tenth Circuit Court of Appeals has held that a state driver's license examiner who exercised supervisory control over a prisoner acted as a state actor and can be held liable …
New York Prison Officials Denied Qualified Immunity in Revoking Prisoner's Temporary Release by The U.S. Second Circuit Court of Appeals, reversing the U.S. District Court, Southern District of New York, held that prison officials violated a state prisoner's civil rights by revoking his temporary release program participation without a hearing …
Vermont Auditor's Report Blasts CCA and CMS by David Reutter by David M. Reutter The Keys to Success report issued by the Vermont State Auditor on May 26, 2004, concludes the Vermont Department of Corrections' (VDOC) "failure to monitor its contracts with private companies and individuals has resulted in significant …
Punitive Transfer After Winning Administrative Appeal Is Actionable by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that the transfer of a California state prisoner to a Security Housing Unit (SHU) punitive segregation facility after his underlying alleged rules violation had been reversed …
Article • December 15, 2004 • from PLN December, 2004
International Red Cross Suspects U.S. Hiding Foreign Detainees by The International Red Cross (IRC) said on July 13, 2004, that it suspects the United States is hiding foreign detainees in prisons throughout the world. According to Antonella Notari, spokeswoman for the International Committee of the Red Cross, terror suspects that …
Connecticut Settles Wrongful Death Lawsuit for $2.9 Million by Michael Rigby Connecticut Settles Wrongful Death Lawsuit For $2.9 Million by Michael Rigby On April 4, 2002, the State of Connecticut agreed to settle for $2.9 million a lawsuit arising from the wrongful death of Timothy Perry, a mentally ill man …
Article • September 15, 2004 • from PLN September, 2004
Federal Halfway House Litigation by Todd Bussert by Todd Bussert, Esq.* In Decemberr 2002, a shock wave reverberated through the federal prison system, when the Bureau of Prisons (BOP) announced radical changes in its policy on when it will allow prisoners to serve some or all of their sentences in …
Tennessee Prison Audit Blasts DOC, CCA and CMS by Michael Rigby A Tennessee Department of Corrections (TDOC) performance audit for the years 1997-2002, released by the state comptroller's office in September 2003, reveals problems with prison staffing, pre-release preparation, and numerous instances of contract violations by private prison contractors. A …
Overcrowding Forces Alabama Prisoners Into Private Prison Web by Gary Hunter Court orders have forced Alabama to reduce the number of prisoners in its county jails and send half of its prison population to two other states. Until recently the Alabama Department of Corrections (DOC) had crammed 28,000 prisoners into …
Wisconsin Contract for Faith-Based Program Does Not Violate First Amendment by Bob Williams Wisconsin Contract for Faith-Based Program Does Not Violate First Amendment by Bob Williams A Wisconsin federal district court has found that a state Department of Corrections (WDOC) contract with a faith-based addiction recovery program does not violate …
Article • July 15, 2004 • from PLN July, 2004
California Sex Offender Prison Classification Label Approved for Dismissed Charge by John E Dannenberg California Sex Offender Prison Classification Label Approved for Dismissed Charge by John E. Dannenberg The California Court of Appeals upheld the California Department of Corrections (CDC) regulation permitting administrative labeling of state prisoners as sex offenders …
Article • July 15, 2004 • from PLN July, 2004
District of Columbia May Be Liable for Prisoner's Inadequate Medical Care by District of Columbia May Be Liable for Prisoner's Inadequate Medical Care The U.S. Court of Appeals for the District of Columbia, reversing and remanding the district court, held that a D.C. prisoner incarcerated in a Virginia state prison …
Ex Con "Helps Police" by Trying to Murder Sex Offenders by Gary Hunter Between April 12 and April 25, 2003, Lawrence Trant, Jr., 56, tried to kill 8 registered sex offenders in Concord, New Hampshire. Trant set fire to a boarding house, to an apartment building and ultimately stabbed one …
Article • June 15, 2004 • from PLN June, 2004
Administrative Hearings and Judicial Reviews Mandated for Sex Offender Classifications Without Current Felony Conviction. by Bob Williams Mandating administrative hearings and allowing for judicial review, the Colorado Court of Appeals has reversed a state district court's dismissal of a prisoner's challenge to his Colorado Department of Corrections (CDOC) sex offender …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Work Release, Work, Prison Labor
Arkansas Work Release Prisoner Entitled to Unemployment Benefits by The Arkansas Court of Appeals, Division, II, held that a work release prisoner who loses his job as a result of a transfer to a prison to prepare him for parole is entitled to unemployment benefits as a result of losing …
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