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CCA Denied Over $2 Million In Tax Deductions

Article • August 15, 2008

Filed under: Corrections Corporation of America/CoreCivic, Money/Property, Tax Law

CCA Denied Over $2 Million In Tax Deductions by Corrections Corporation of America (CCA) appealed a New Mexico court denial for gross receipts tax deduction claims totaling over $2 million. The denial was affirmed due to the "per diem rate" prisoner housing calculation. CCA contracts to house prisoners for the …

New Mexico AG Comments on Disclosability of Prisoners' Penitentiary Files

Article • August 15, 2008

Filed under: Civil Procedure, Disclosure of Records

New Mexico AG Comments on Disclosability of Prisoners' Penitentiary Files by Howell Gage, Superintendent of the New Mexico State Penitentiary, asked the state Attorney General (AG) to opine as to the disclosability of prisoners' records at the penitentiary. In his opinion, the AG considered authorities from other jurisdictions because New …

PLRA Bars Damages for Jail Strip Search Suit

Article • July 15, 2008

Filed under: Searches, Strip Searches, Arrestee Searches, Physical Injury Rule, Damages

PLRA Bars Damages for Jail Strip Search Suit by A New Mexico federal district court applied the injury requirement of the Prison Litigation Reform Act to hold that two female pretrial detainees cannot recover damages for a Fourth Amendment claim of unreasonable strip searches. The matter proceeded to a jury …

New Mexico Detention Center Closed for Constitutional Violations

Article • July 15, 2008

Filed under: Overcrowding, Civil Procedure, Injunctions

New Mexico Detention Center Closed for Constitutional Violations by The American Civil Liberties Union (ACLU) of New Mexico and several New Mexico state prisoners, sued the Board of County Commissioners for Valencia County (Board) in federal district court over numerous constitutional violations at the Valencia County Detention Center (Center). The …

New Mexico AG's Complete Privilege Request Denied Regarding Riot Report Disclosure

Article • July 15, 2008

Filed under: Prison Rebellion, Civil Procedure, Disclosure of Records, Discovery

New Mexico AG's Complete Privilege Request Denied Regarding Riot Report Disclosure by The New Mexico State Attorney General (AG) motioned to prevent discovery disclosure of evidence and communications after a riot investigation. The court granted the AG executive privilege only but ordered judicial inspection to determine the appropriate disclosure. Numerous …

Lundstrom v. Albuquerque Police Officers, NM, Amended Complaint, Illegal Search and Seizure, 2008

Brief • March 4, 2008

Filed under: Excessive Force, Restraints, Consent, Warrantless Searches, Search Incident to Illegal Arrest, Unlawful Entry/Conduct

Lundstrom v. Albuquerque Police Officers, NM, Amended Complaint, Illegal Search and Seizure, 2008 Case 1:07-cv-00759-JCH-WDS Document 58 Filed 03/04/2008 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JOSEPH LUNDSTROM and JANE HIBNER Plaintiffs, vs. CASE NO: 07-00759 JH/WDS ALBUQUERQUE POLICE OFFICERS DEBRA …

SJ Reversed on PO Unreasonable Search/Detention Claims

Article • January 15, 2008

Filed under: Searches, Parole/Probation Searches, Discovery, Probation

SJ Reversed on PO Unreasonable Search/Detention Claims by The Tenth Circuit Court of Appeals reversed a lower court's grant of qualified immunity to three New Mexico probation officers on unreasonable residential search claims. It also reversed summary judgment on an unreasonable detention claim. In February 2000, Carly Bliss was convicted …

NM Prisoner Wins $490,000 for Warrantless Blood Draw

Article • January 15, 2008

Filed under: Searches, Drug Testing, Police Searches, Qualified Immunity

NM Prisoner Wins $490,000 for Warrantless Blood Draw by Jimmie Marshall was arrested by Hobbs, New Mexico police for driving under the influence. He submitted to a breathalyzer test but was also taken to a hospital where his blood was drawn for drug testing against his will. In 1999 Marshall …

Prison Drinking Water and Wastewater Pollution Threaten Environmental Safety Nationwide

Article • November 15, 2007 • from PLN November, 2007

Filed under: Conditions of Confinement, Overcrowding, Environmental Law, Sewage, Water, Clean Water Act

Prison Drinking Water and Wastewater Pollution Threaten Environmental Safety Nationwide by John Dannenberg by John E. Dannenberg Aging infrastructure concerns are not limited to America's highways, bridges and dams. Today, crumbling, overcrowded prisons and jails nationwide are bursting at the seams -- literally -- leaking environmentally dangerous effluents not just …

Corrections Corporation of America v. State of New Mexico, NM, Opinion, court denies CCA tax refunds, 2007

Brief • September 18, 2007

Filed under: Corrections Corporation of America/CoreCivic, Contractor Misconduct, Tax Law

Corrections Corporation of America v. State of New Mexico, NM, Opinion, court denies CCA tax refunds, 2007 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO Opinion Number: Filing Date: September 18, 2007 NO. 26,246 CORRECTIONS CORPORATION OF AMERICA OF TENNESSEE, INC., and CORRECTIONS MANAGEMENT SERVICES, INC., Plaintiffs-Appellants, …

Management & Training Corp. Struggles to Maintain Market Share

Article • September 15, 2007 • from PLN September, 2007

Filed under: Out of State Transfers, Staff-Prisoner Assault, Management and Training Corporation, Contractor Misconduct, Government Misconduct, Organizing, Prison Rebellion, Strip Searches, Arrestee Searches, Failure to Protect (General), Immigration, Failure to Protect (Wrongful Death), Medical Neglect/Malpractice, Suicides, Assaults on Staff, Employee Litigation

Management & Training Corp. Struggles to Maintain Market Share by Gary Hunter For-profit private prison operator Management & Training Corporation (MTC) has recently lost lucrative contracts to run prisons in the United States and Canada. While the private prison industry is dominated by industry giants Corrections Corporation of America, Geo …

Moore v. NM Dept of Corrections, NM, Complaint, Wrongful Death - Excessive Force, 2007

Brief • September 10, 2007

Filed under: Corrections Corporation of America/CoreCivic, Cardiovascular, Restraints, Excessive Force (Wrongful Death)

Moore v. NM Dept of Corrections, NM, Complaint, Wrongful Death - Excessive Force, 2007 0 STATE OF NEW MEXICO COUNTY OF TORRANCE SEVENTH JUDICIAL DISTRICT IN THE DISTRICT COURT D-0722- CV - 2007 - 1 9 8 FARRlS P. MOORE, HELENE. MOORE, Individually and as Personal Representatives of the Estate …

Prison Privatization Launders Taxpayer Dollars into Political Contributions

Article • August 15, 2007 • from PLN August, 2007

Filed under: Corrections Corporation of America/CoreCivic, GEO Group/Wackenhut, Financing, Prison Health Services, Wexford Health Services, Armor Correctional Health Services, Misconduct/Corruption, Contractor Misconduct, DOC/BOP misconduct, Medical Misconduct, Jail Misconduct, Government Misconduct, Systemic Medical Neglect, Medical Records, Staffing, Employee Litigation, State Legislation

Prison Privatization Launders Taxpayer Dollars into Political Contributions by David Reutter by David M. Reutter If you know a company is not saving you money or performing its contractual obligations, why would you continue to use that company? The normal consumer would end the relationship quickly. When it comes to …

Corporate Prison Boom, Immigration, And The Law

Article • June 15, 2007

Filed under: Corrections Corporation of America/CoreCivic, GEO Group/Wackenhut, Food/Commissary (Private Prisons), Wexford Health Services, International Law, News, State Legislation

Corporate Prison Boom, Immigration, And The Law by By Tilda Sosaya Prison construction is booming in the USA, and New Mexico has been the guinea pig for the largest of the private prison corporations like Corrections Corporation of America, Cornell, GEO Corp. (aka, Wackenhut, Group 4 Falk) and MTC. In …

Attorney Sanctioned For Unreasonably, Vexatiously Prolonging Litigation

Article • May 15, 2007

Filed under: Attorney Fee Awards, Attorney Client, Attorney Misconduct, PLRA, Administrative Exhaustion (PLRA)

Attorney Sanctioned For Unreasonably, Vexatiously Prolonging Litigation by The U.S. District Court for the District of New Mexico held that an attorney representing a prisoner in a civil rights action against prison officials had acted "unreasonably and vexatiously" pursuant to 28 U.S.C. § 1927, and ordered him to pay defendants' …

Estate of Epileptic New Mexico Prisoner Settles for $1,250,000

Article • May 15, 2007

Filed under: Medical, Seizures, Injury -- Misc., Guard Brutality/Beatings, Restraints, Medical Neglect/Malpractice

Estate of Epileptic New Mexico Prisoner Settles for $1,250,000 by During the week of May 22, 2000, the estate of a deceased epileptic prisoner who was denied medical attention and then allegedly tortured and beaten by a jailer in the Taos County, New Mexico, jail settled prior to trial for …

New Mexico Jail Settles Escapee Murder Suit For $750,000.00

Article • May 15, 2007

Filed under: Jail Misconduct, Prison Labor, Prison/Jail Murders, Escapes, Victims, Wrongful Death, Murder by Escapees

New Mexico Jail Settles Escapee Murder Suit For $750,000.00 by In 2002, the Taos County Detention Center (TCDC) in New Mexico paid $750,000.00 to settle a law suit filed by George Weiss, the father of Jonathan Weiss. George Weiss claimed that the TCDC officials caused the death of his son, …

New Mexico: No Due Process Violation in Hearing by Phone

Article • May 15, 2007

Filed under: Disciplinary Hearings, Presence at Hearing, Family Law, Fathers in Prison

New Mexico: No Due Process Violation in Hearing by Phone by The Court of Appeals of New Mexico held that due process obligations in a parental rights termination hearing were met by allowing the child's father to participate by telephone; that the trial court was not obligated to make further …

Wrongful Death, Arrest of New Mexico Epileptic Settles For $1,250,000

Article • May 15, 2007

Filed under: Medical, Seizures, Excessive Force, Guard Brutality/Beatings, Restraints

Wrongful Death, Arrest of New Mexico Epileptic Settles For $1,250,000 by During the week of May 22, 2000, Taos County, New Mexico, settled for $1.25 million a wrongful death lawsuit alleging, among other things, false arrest, excessive force, and denial of medical care. Joaquin Gonzales, 42, had an epileptic seizure …

$221,000 Settlement For 8 Year Old Jailed In Alleged New Mexico School Misconduct

Article • May 15, 2007

Filed under: Failure to Protect (Juveniles), Education (Juveniles), Police, False Arrest

$221,000 Settlement For 8 Year Old Jailed In Alleged New Mexico School Misconduct by $221,000 Settlement For 8 Year Old Jailed In Alleged New Mexico School Misconduct On April 17, 2006, Angela Esquibel, the mother of 8 year old Jerry Trujillo, was awarded $221,000 in a Federal civil rights complaint …