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City and Contractor Liable for Policy of Arresting and Seizing “Potentially Intoxicated” People by City and Contractor Liable for Policy of Arresting and Seizing "Potentially Intoxicated" People The plaintiffs were seized by the police and detained in a private detoxification facility in a different town, sometimes for days; they include …
Article • May 15, 2008
Colorado law Denying Bail to Criminal Aliens Unconstitutional by A statute requiring that criminal aliens detained for deportation hearings be held without bond denies due process on its face because, substantively, it is a deprivation of liberty and is not narrowly tailored to meet valid legislative goals, and procedurally, denies …
Federal Prisons Not Subject to ADA by The hearing-impaired plaintiff complained of his treatment in a Wackenhut facility while awaiting deportation. Since he has now been deported, his claim about conditions is moot, and the court lacks jurisdiction to overturn his deportation even though he says he elected not to …
ADX Media Visit Staged To Dispel "Myths And Rumors" by Bob Williams On the sixth anniversary of the 9-11 World Trade Center attacks, Ron Wiley, warden of the Federal Supermax known as ADX, staged a tightly controlled first-ever media visit at the Federal stronghold. Its stated purpose was an education …
Article • February 15, 2008 • from PLN February, 2008
Colorado Farms Out Prisoners to Replace Immigrant Farm Workers by Colorado is renting its prisoners to local farmers to replace migrant agricultural workers - mostly Mexican and Central American - who have been scared away by the state's restrictive immigration laws. In 2006, the Colorado legislature passed what it trumpeted …
Tenth Circuit OKs First Raising Qualified Immunity on Summary Judgment by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings. The district court erred in failing to address the defense in the summary judgment …
Article • January 15, 2008
Fed Prisoner's Conviction for Possessing Body Armor Affirmed by Carl Patton, a federal prisoner with a violent criminal history, was convicted under federal law of unlawful possession of body armor pursuant to 18 U.S.C. § 931. He claimed that the Commerce Clause of the U.S. Constitution didn't authorize Congress to …
The Poisoned Pen of Fort Lyon Prison by Alan Prendergast Bought by the state for a dollar, Fort Lyon is rich in history, asbestos, sick prisoners and trouble. by Alan Prendergast History Lesson #1 In 1829, William Bent headed west to join his older brother in the fur business. William …
Article • January 15, 2008 • from PLN January, 2008
BOP Byline Prohibition Unconstitutional by David Reutter by David M. Reutter A Colorado federal district court has held the Bureau of Prisons (BOP) regulation that provides a prisoner may not "publish under a byline" violates the First Amendment. The Court's order prohibits the BOP from punishing any prisoner for violating …
Brief • December 20, 2007
Jordan v. Pugh, CO, Order Granting Motion to Withdraw Pending Motions, 2007 Case 1:02-cv-01239-MSK-KLM Document 406 Filed 12/20/07 USDC Colorado Page 1 of 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 02-cv-01239-MSK-KLM MARK JORDAN, Plaintiff, v. MICHAEL V. PUGH, et al., Defendants. ORDER The parties’ …
Brief • December 19, 2007
Jordan v. Pugh, CO, Settlement Agreement, First Amendment Violation, 2007 Case 1:02-cv-01239-MSK-KLM Document 402 Filed 12/19/07 USDC Colorado Page 1 of 4 UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Case No. 02-cv-01239-MSK-KLM MARK JORDAN, Plaintiffs, v. MICHAEL PUGH, et al., Defendants. STIPULATED SETTLEMENT AGREEMENT BY AND BETWEEN PLAINTIFF AND DEFENDANTS …
Article • December 15, 2007
Head Games by Alan Prendergast At least one out of every five Colorado prisoners is mentally ill -- some violent, some undetected or untreated. How did the Big House become the Bug House? By Alan Prendergast Talk all you want about bad men and madmen. The truly scary ones are …
Tenth Circuit OKs First Raising Qualified Immunity on SJ by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings, and the district court erred in failing to address the defense in the summary judgment …
Fortress Of Solitude: The Bureau Of Prisons Is As Good At Keeping Prisoners In As It Is At Keeping Reporters Out by Alan Prendergast A hundred miles southwest of Denver, the U.S. Penitentiary Administrative Maximum houses a killer lineup of mobsters (Salvatore "Sammy the Bull" Gravano), gang leaders (Barry "The …
Tenth Circuit Upholds BOP Guard’s Abuse Convictions by Tenth Circuit Upholds BOP Guard's Abuse Convictions The Tenth Circuit Court of Appeals affirmed the convictions and sentences of three former prison guards for beating prisoners at the United States Penitentiary in Florence, Colorado, (USP-Florence). As we've previously reported, in 1997, the …
Article • October 15, 2007 • from PLN October, 2007
Filed under: Medical, Hepatitis, Complaints
U.S. Supreme Court: Colorado Prisoner Alleging Injury From Suspension Of Medical Treatment Stated Adequate Claim To Preclude Dismissal by John Dannenberg by John E. Dannenberg In a per curiam ruling, the U.S. Supreme Court held that a Colorado state prisoner seeking reinstatement of his Hepatitis-C medical treatment had stated an …
Adams v. CCA, CO, Plf App Reply Brief, prison riot, 2007 Certific:ltion of Word Count: 5,690 , i COURT OF APPEALS, STATE OF COLORADO 2 East 14'h Avenue, 3'd Floor I Denver, CO 80203 1 ! I i, Appeal from order entered by Judge Michael Schi ferl, i Crowley County …
Colorado Investigates Former Prison Director for Malfeasance Following State Audit by The Colorado State Auditor completed a review of the state's private prison contracts in November 2006. The audit found that former Director of Prisons Nolin Renfrow's "private business activities arguably present a conflict of interest and result in a …
Due Process Required Before Termination from Colorado Sex Offender Treatment Program by Bob Williams The United States District Court for the District of Colorado has again found that Colorado state prisoners convicted of sex offenses have a liberty interest in receiving treatment and must be afforded due process prior to …
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