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Article • August 15, 2008
Jail Phone Wiretapping Exempt from California Invasion of Privacy Act, FCA by California state prisoner David Windham appealed the refusal of a court to suppress jail telephone recordings used in obtaining his conviction. The appellate court affirmed the judgment due to statutory allowances, and because Windham’s consent was implied as …
Article • August 15, 2008
Filed under: Telephones, Telephone Rates
New York Prison System Phone Kickbacks Upheld; Reversed by Court of Appeals by A New York Supreme Appellate Court has sidestepped ruling on the merits of a lawsuit claiming that the practice of the New York Department of Correctional Services (DOCS) of receiving a commission from prisoner phone calls was …
Article • July 15, 2008 • from PLN July, 2008
Wisconsin County Bans Profiteering in Jail Phone Contracts by On September 20, 2007, the Board of Supervisors for Dane County, Wisconsin enacted an ordinance amending the way the county contracts for jail telephone services. The ordinance requires that jail phone contracts (1) must not generate revenue to the county and …
Alabama DOC Charges Prisoners Unlawful Fees to Cover Budget Shortfalls by Matthew Clarke by Matt Clarke On June 1, 2007, the Alabama Department of Examiners of Public Accounts released an audit report critical of the funding practices of the state's Department of Corrections (DOC). The DOC operates 19 prisons, 10 …
AT&T Settlement Includes Fines, Reimbursement for Overcharging Recipients of Phone Calls From Washington Prisoners by Michael Rigby AT&T Settlement Includes Fines, Reimbursement for Overcharging Recipients of Phone Calls From Washington Prisoners by Michael Rigby Telephone service provider AT&T has agreed to reimburse the families and friends of Washington prisoners who …
Article • February 15, 2008 • from PLN February, 2008
"Let Freedom Ring" -- Cellphones Abound In California Prisons by Over 1,000 cellphones and Blackberrys were confiscated in California's 33 prisons in the past year. While such contraband was at a trickle seven years ago, the technology has reduced the size of these items to permit a veritable flood today …
Eighth Circuit Holds State Funding of Iowa Faith-Based Prison Unconstitutional by Michael Rigby On December 3, 2007, a three-judge panel of the U.S. 8th Circuit Court of Appeals held that partial state funding of a religious-based prison program in Iowa was unconstitutional. The Court further held that InnerChange, a division …
Brief • January 5, 2008
Yount v. T-Netix Inc, PA, Commission Order, Public Utility, 2008 PENNSYLVANIA PUBLIC UTILITY COMMISSION Harrisburg PA 17105-3265 Public Meeting held May 1, 2008 Commissioners Present: Wendell F. Holland, Chairman James H. Cawley, Vice Chairman Tyrone J. Christy Kim Pizzingrilli Jon E. Yount, AC-8297, et al. Docket No. C-20042655 v. T-Netix, …
Article • December 15, 2007 • from PLN December, 2007
Filed under: Telephones, Telephone Rates
Connecticut Prisoners’ Families Gouged on Phone Calls by Connecticut Prisoners' Families Gouged on Phone Calls Until recently, most Connecticut Department of Correction (CDOC) prisoners were forced to make phone calls using an MCI (Verizon Business) collect calling system at rates much higher than those charged to the general public. Under …
Article • November 15, 2007 • from PLN November, 2007
Texas Last State in Union to Get Prison Phones by Matthew Clarke by Matt Clarke On May 15, 2007, legislation took effect that brought Texas into the fold of the other 49 states that have prisoner telephones in state prisons. State Senator Letica Van de Putte filed SD 1580, authorizing …
Article • May 15, 2007
Federal Filed Rate Doctrine Preempts State Action Challenging Prisoner Phone Rates by The New Hampshire Supreme Court has held that the federal filed rate doctrine preempts, state causes of action for violation of the anti- monopoly statute and the Consumer Protection Act (CPA). This action was brought by friends and …
Article • May 15, 2007
Telephone User Has Standing to Sue Over Poor Service by A telephone user complaining of poor service had standing to sue the telephone service provider under 47 U.S.C. §§ 206 and 207 (the Communications Act), which makes violators of the Act liable to parties whom they injure. The substantive violation …
Article • May 15, 2007
Collect Only Telephone Calls to Attorneys Denies Access to Counsel by The California First District Court of Appeal has held that pre-trial detainee's have a right to a direct line telephone to the public defender's office (PDO). The Court found that a newly installed collect-only phone system denied jail prisoners …
Article • May 15, 2007
Filed under: Telephones, Telephone Rates
A Look Inside Washington's Prison Phone Bidding System by In an unpublished opinion, the Washington Court of Appeals held that the Washington Department of Correction (DOC) properly rescinded a Request for Proposals (RFP) to contract for prisoner telephone services. In March 2004, DOC issued an RFP to solicit bids for …
Article • May 15, 2007
Filed under: Telephones, Telephone Rates
Eighth Circuit Upholds Dismissal of Phone Rate Challenge by The Eighth Circuit Court of Appeals affirmed a lower court's dismissal of an excessive prison phone rate case for failure to state a claim under FRCP 12(b)(6). As we have reported extensively, all similar litigation to date has been unsuccessful in …
Collect Call Phone System Doesn't Violate Right to Court Access by A federal district court in Tennessee held that no constitutional violation occurred when a Tennessee prison replaced its coin operated phones with a coinless, collect call only phone system. Lawsuit was brought in context of access to counsel and …
Article • May 15, 2007
Louisiana Sheriff Sues Parish For Revenue Generated From Jail Operation by Bob Williams By Bob Williams On December 1, 2004, the Louisiana Supreme Court held the Caddo Parish Sheriff's (Steve Prator) state court lawsuit against Caddo Parish was decided in error by the State appellate court. Prator alleged in his …
Article • April 15, 2007 • from PLN April, 2007
Two Victories in New York’s Struggle Against Unjust Telephone Contract by Rachel Meeropol Two Victories in New York's Struggle Against Unjust Telephone Contract by Annette Dickerson, Rachel Meeropol, and Lauren Melodia Families of those incarcerated by New York State finally won some justice this winter in their fight against a …
Article • March 15, 2007 • from PLN March, 2007
New Jersey Phone Rates Out of Control by Gary Hunter Two calls a week from her incarcerated son costs Marjorie Arniotis over $150 per month. Lorraine Green pays around $200 a month to talk to her imprisoned son and was paying more until one of her sons was acquitted in …
Article • March 15, 2007 • from PLN March, 2007
Appeals Court Reverses Summary Judgment of Washington Phone Suit by A Washington appeals court has overturned a lower court's grant of summary judgment to telephone companies in a lawsuit alleging they failed to disclose rates to recipients of prisoner-initiated phone calls as required by state law. In 2000, Sandy Judd, …
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