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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 …
Court Orders Hospitalization for Federal Pretrial Detainee by A federal court in Maryland held that a federal pretrial detainee was entitled to be transferred to a hospital or infirmary for the duration of his pretrial detention due to inadequate medical care while in custody of U.S. Marshals. Trevor Wallen, a …
Denial of Wheelchair Claims Survive Summary Judgment by A federal court in Massachusetts held that issues of material fact concerning the extent of a prisoner's injuries precluded summary judgment. The court also held that the corrections commissioner was not entitled to qualified immunity related to the denial of a wheelchair …
Georgia Lawmaker Indicted for Aiding Prisoner Transfer by Lonnie Burton On January 8, 2002, a Fulton County, Georgia grand jury indicted state senator Van Streat on four counts of violation of oath of office and one count of making a false statement. Both charges stemmed from Streat's alleged involvement in …
Article • October 15, 2002 • from PLN October, 2002
Credit for Time Served Required in Idaho Commute to Work Release by The Idaho Court of Appeals has held that a judge does not have discretion to disallow credit for time served when commuting a prison sentence to a work release program. Jason Albertson was sentenced to three years in …
Washington Prisoners Sue DOC for Extortion, Mail Fraud, Criminal Profiteering and Racketeering by Four Washington state prisoners have filed suit against the Department of Corrections (DOC) over DOC's longstanding practice of charging prisoners to ship their own personal property when they are transferred from one institution to another, and doing …
Courts Retain Power To Grant TROs Under PLRA by The District of Columbia (DC) Court of Appeals has vacated a district court ruling on the merits of a prisoner lawsuit where the district court also found that the prisoner plaintiffs failed to exhaust administrative remedies prior to filing suit. Louis …
Wisconsin DOC in Contempt for Not Collecting PLRA Fees by Wisconsin DOC in Contempt For Not Collecting PLRA Fees The US District Court (E.D. Wis.) issued an Order to Show Cause to Wisconsin DOC Secretary Jon E. Litscher as to why he should not be held in contempt for declaring …
Hawaiian Women Prisoners File Suit Over Sex Abuse, Torture in Oklahoma Private Prison by Lonnie Burton When the State of Hawaii opted in 1998 to send its female prisoners to a privately run Oklahoma prison, it had no idea what was in store for these women. What ensued over the …
Section 2241 May Not Be Used to Challenge BOP Prison Placement by by Matthew T. Clarke The Tenth Circuit court of appeals has held that a federal prisoner may not use 28 U.S.C. § 2241 to challenge placement in a certain prison or the conditions in that prison. Christopher John …
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