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Article • May 15, 2004 • from PLN May, 2004
Washington Medical Claim Reinstated by The U.S. Ninth Circuit Court of Ap-peals reversed part of a grant of summary judgment to Washington State Penitentiary (WSP) officials in an Eighth Amendment challenge of WSP medical policies and practices. WSP prisoner Garrett Linderman sued WSP officials under 42 U.S.C. § 1983 for …
Florida Work Release Prisoners Ripped Off by Private Transport Company by David Reutter Florida Work Release Prisoners Ripped Off by Private Transport Company by David M. Reutter In response to a new law, effective Oc-tober 1, 2003, that prohibited state prisoners from driving state vehicles, the Florida Department of Corrections …
Cornell Company - The Prison Industry's Enron by Gary Hunter It was not an earthshaking day when Cornell Corrections was founded in 1991. It was more like a pebble plummeting over a cliff, leading to a landslide of greed and corruption. Backed by Dillon Read Venture Capital, David Cornell's callous …
Escaped New Hampshire Prisoners Caught Camping by Gary Hunter Three escaped New Hampshire pris-oners were captured at a Massachusetts campground just one day after their daring daylight getaway. Kevin Gil, Philip J. Dick and Christopher McNeil negotiated their temporary freedom from New Hampshire State Prison (NHSP) in Concord by cutting …
Wisconsin Prisoners' Riot Charges Expunged From Records by The Wisconsin Court of Appeals has affirmed a circuit court's order overturning and expunging seven prisoners' disciplinary infractions for participating in a riot, barring future disciplinary action premised upon the riot, but allowing proceedings for future administrative confinement for involvement in the …
Cornell Half Way House Employees Charged with Drug Trafficking by The Ben Reid Community Correctional Facility in northeast Houston is run by Houston-based Cornell Companies, Inc., under a $4.8 million contract with the Texas Department of Criminal Justice. In May, 2004, Roy Thomas, 50, Ben Reid's director of employee training, …
Article • December 15, 2003
Heck Inapplicable to Halfway House Suit by The United States Court of Appeals for the District of Columbia Circuit reversed a lower court's dismissal of a prisoner's suit, for failure to state a claim. The court held that the favorable termination rule of Heck v. Humphrey, 512 U.S. 477, 488-87 …
Virginia: Stun Gun Implicated In Death, CMS Implicated In Coverup by by Michael Rigby Documents filed as part of a $204 million lawsuit directly, contradict the Virginia Department of Correction's (DOC) initial assertion that a stun gun played no role in the death of Lawrence James Frazier, and may implicate …
BOP Proper Defendant in Work Release Change Suit under ADA by The plaintiffs are criminal defendants who received judicial recommendations that they serve their sentences in a community corrections center, but were denied such placement pursuant to the Department of Justice's abruptly announced change of policy barring it except for …
Article • November 15, 2003 • from PLN November, 2003
Injunction Prohibits Virginia Grooming Policy Enforcement on BOP Prisoners by A federal district court for the District of Columbia granted an injunction to a class of Rastafarian and Muslim prisoners holding the requirement that those prisoners must cut their hair or shave their beards imposes a substantial burden on their …
Article • October 15, 2003 • from PLN October, 2003
Hawaii: High Recidivism for Mainland Prisoners by Hawaii prisoners housed out of state are virtually guaranteed to return to prison after release, according to a Jan. 21, 2003, story by the Honolulu Star-Bulletin. Currently, 90 percent of prisoners housed on the mainland return to prison, while those housed in state …
Alabama's Women Prisoners Moved to Louisiana to Ease Overcrowding by Alabama's Julia Tutwiler Prison for Women at Wetumpka was built in 1942 to house 364 prisoners. In 2002, Tutwiler's population rose beyond 1,000 with overcrowding so severe that a group of women prisoners sought relief by filing a lawsuit in …
The Prison Index: Taking the Pulse of the Crime Control Industry by by Peter Wagner, Prison Policy Initiative and Western Prison Project, 2003, 48 pages Review by Paul Wright As a prison journalist, one of the most challenging things is reporting the facts and putting those facts into a bigger …
No Right to Renounce Citizenship - U.S. Not "at War" by No Right to Renounce Citizenship - U.S. Not "at War" Judge Bernice B. Donald of the United States District Court for the Western District of Tennessee has denied habeas corpus relief to a Wisconsin prisoner seeking to renounce his …
Alaska Prisoners' Benefits Extended to Arizona by The Supreme Court of Alaska sustained a lower court's ruling which provisionally allowed Alaska prisoners to be transferred to an Arizona prison, required the Arizona facility to comply with Alaska's prison overcrowding settlement agreement, and found the Alaska prisoners' challenge to the process …
Wisconsin Lacks Authority Over Funds of Out-of-State Prisoners by A federal court in Wisconsin held that the Wisconsin Department of Corrections (WDOC) lacks the authority to divert the funds of an out-of-state prisoner into a release account, or to cause the receiving state to do so. In 1998, Wisconsin prisoner …
Article • April 15, 2003 • from PLN April, 2003
Vermont DOC Must Comply with APA for Rule Changes in Furlough Program by The Vermont Supreme Court has held that the state's Department of Corrections (DOC) must comply with the Vermont Administrative Procedure Act (APA) before it implements and enforces any rule changes. This was a class-action suit represented by …
Article • March 15, 2003 • from PLN March, 2003
Home Detainee Has Fourth Amendment Rights by The Supreme Court of Virginia has held that a defendant who entered the Fairfax County Sheriff's Electronic Incarceration Program (Program) did not automatically waive his right to privacy of his home by agreeing to enter the Program. Upon entering the Program, Michael L. …
Article • February 15, 2003 • from PLN February, 2003
Washington Jail Settles Work Release Suit by Lonnie Burton On April 25, 2002, United States District Judge Barbara J. Rothstein approved a settlement agreement reached between the King County Jail in Kent, Washington, and a class of female prisoners who had sued alleging discriminatory practices in relation to access to …
Connecticut Pays $1,850,000 in Deaths of Two Prisoners Transferred to Virginia by John E Dannenberg by John E. Dannenberg The Connecticut Department of Corrections (CDC) settled two claims in March 2002 totaling $1,850,000 for the wrongful deaths of a mentally ill prisoner and a severely diabetic prisoner who were transferred …
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