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Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused

Article • May 15, 2004 • from PLN May, 2004

Filed under: Notice of Rules, Administrative Exhaustion (PLRA), Preliminary Injunctions/TRO's, Habeas Corpus, Telephones, Telephone Access

Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused by Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused A federal district court in Oregon held that a federal prisoner's procedural default in failing to exhaust administrative remedies would be waived. The court also …

Mandamus Available to Review Oregon Disciplinary Orders

Article • May 15, 2004 • from PLN May, 2004

Filed under: Disciplinary Hearings, Disciplinary Litigation, Mandamus, Filing Fees, Habeas Corpus, Interstate Corrections Compact

Mandamus Available to Review Oregon Disciplinary Orders by The Oregon Court of Appeals held that prison disciplinary orders may be challenged in a mandamus action. The court also held that the trial court erred in imposing previously deferred filing fees. For many years, Oregon prisoners could challenge certain prison disciplinary …

Prisons Nationwide Fail to Treat HCV Epidemic

Article • May 15, 2004 • from PLN May, 2004

Filed under: CMS, Medical, Systemic Medical Neglect, Hepatitis

Prisons Nationwide Fail to Treat HCV Epidemic by John E Dannenberg Prisons Nationwide Fail To Treat HCV Epidemic by John E. Dannenberg The JeopardyTM answer is: "The national average treatment rate for HCV-infected prisoners." The winning question is: "What is approximately 1%?" With HCV [Hepatitis-C] infection rates in state prisons …

BOP, FBI Investigations in Texas, Oregon, Arizona, and California Federal Prisons

Article • April 15, 2004 • from PLN April, 2004

Filed under: DOC/BOP misconduct, Racial Discrimination, Prison Rebellion, Prison/Jail Murders, Failure to Protect (General), Wrongful Death, Failure to Protect (Wrongful Death), Accidents, Access to Media, Guard Unions

BOP, FBI Investigations in Texas, Oregon, Arizona, and California Federal Prisons by Michael Rigby BOP, FBI Investigations in Texas, Oregon, Arizona, and California Federal Prisons by Michael Rigby Murder, riots, drug overdoses, and allegations of official corruption have prompted the Bureau of Prisons (BOP) and the FBI to launch investigations …

Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process

Article • April 15, 2004 • from PLN April, 2004

Filed under: Injunctions, Standing, Federal Statutory Law, PAMII Act, Failure to Treat (Mental Illness), Involuntary Treatment/Drugging

Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process by Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process The Ninth Circuit Court of Appeals held that under Oregon law, state mental hospitals have a duty to accept mentally incapacitated criminal defendants for evaluation and treatment, once certified as mentally incapacitated by …

Cornell Company - The Prison Industry's Enron

Article • February 15, 2004 • from PLN February, 2004

Filed under: Work Release, Staff-Prisoner Assault, Private Prisons, Financing, Cornell Corrections, Contractor Misconduct, Guard Misconduct, Systemic Medical Neglect, Staffing, Guard Brutality/Beatings, Medical Neglect/Malpractice, State Legislation

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 …

Oregon Prisoner Stated Negligence Claim Concerning Lost Property

Article • January 15, 2004 • from PLN January, 2004

Filed under: Money/Property, Prisoner Property

Oregon Prisoner Stated Negligence Claim Concerning Lost Property by The Oregon Court of Appeals reversed a trial court's dismissal of a state prisoner's negligence action against the state and a prison guard related to the guard's handling of his property, which resulted in the loss of his glasses. The court …

Audit Faults Oregon Prison Trust Fund System

Article • December 15, 2003

Filed under: Misconduct/Corruption, DOC/BOP misconduct, Government Misconduct, Trust Accounts

Audit Faults Oregon Prison Trust Fund System by An audit of the Oregon Department of Connection (ODOC) prisoner trust fund system found internal control weaknesses related to cash reconciliations, check stock and document retention. ODOC awards for prison labor and programming are credited to prisoner trust accounts and all funds …

Oregon HCV Suit Certified as Class Action

Article • August 15, 2003 • from PLN August, 2003

Filed under: Hepatitis, Civil Procedure, Injunctions, Class Certification, Declaratory Judgment

Oregon HCV Suit Certified as Class Action by On December 19, 2002, Oregon prisoners suing prison officials for refusing to properly diagnose and treat their hepatitis C virus (HCV) were handed an important victory, when a federal judge issued a 37-page Opinion and Order, certifying the suit as a class …

News in Brief

Article • August 15, 2003 • from PLN August, 2003

Filed under: Cell Searches, Crime/Demographics, Prison/Jail Murders, Failure to Protect (General), Complaints, Appeals, Federal Tort Claims Act, Qualified Immunity, Failure to Protect (Wrongful Death)

News in Brief by California: On May 2, 2003, Gary Culverson, 25, and Van Kopp, 37, were arrested on charges that they assaulted Casey Humphrey, 18, a prisoner at the Monroe Detention Center in Yolo County. Culverson and Kopp were employed as guards at the jail's intake area but the …

Habeas Granted in BOP Good Time Case

Article • July 15, 2003 • from PLN July, 2003

Filed under: Good Time, Habeas Corpus, Mental Health, Drug Treatment/Rehab

Habeas Granted in BOP Good Time Case by More than one year after Lopez v. Davis, 121 S.Ct. 714, 531 U.S. 230 (2001), an Oregon U.S. District Court has ordered the Federal Bureau of Prisons (BOP) to transfer a prisoner to a community corrections (CCC) program "as soon as practicable." …

Prison Labor Losing Popularity in Oregon

Article • April 15, 2003 • from PLN April, 2003

Filed under: Work, Prison Industries, Prison Labor

Prison Labor Losing Popularity in Oregon by Gary Hunter Since the 19th century prisoners in Oregon have literally labored under a policy that insisted prisoners should work as hard as taxpayers. But the prevailing philosophy is falling prey to fiscal realities. Oregon's evaporating economy has enhanced employment concerns among its …

PLN Settles Oregon Censorship Suit for $55,414.31

Article • April 15, 2003 • from PLN April, 2003

Filed under: Attorney Fee Awards, Mail, Publications/Books, Mail Regulations, Catalogs, PLN Litigation

PLN Settles Oregon Censorship Suit for $55,414.31 by On January 29, 2003, the Oregon Department of Corrections (DOC) agreed to settle a censorship lawsuit filed by Prison Legal News by paying $39,914.31 in fees and costs and $15,500 in damages and changing its policies concerning the processing and censorship of …

Ninth Circuit Upholds BOP's Prorated Good Time Formula

Article • January 15, 2003 • from PLN January, 2003

Filed under: Sentencing, Good Time

Ninth Circuit Upholds BOP's Prorated Good Time Formula by Ninth Circuit Upholds BOP'S Prorated Good Time Formula The Ninth Circuit Court of Appeals held that the Bureau of Prisons' (BOPS') application of good time credits on a prorated basis during the final year of confinement is a reasonable interpretation of …

Trial in Prison Violates Oregon's "Public Trial" Guarantee

Article • January 15, 2003 • from PLN January, 2003

Filed under: Prisoner-Prisoner Assault, Criminal Prosecution, Civil Procedure, Trials

Trial in Prison Violates Oregon's "Public Trial" Guarantee by The Oregon Court of Appeals held that a trial conducted within the confines of a prison that was not open to the public violated Oregon's constitutional guarantee of a public trial. James Jackson, a prisoner at the Snake River Correctional Institution, …

PLN Sues Oregon DOC Over Mail Censorship, Again

Article • July 15, 2002 • from PLN July, 2002

Filed under: Mail, Mail Regulations

PLN Sues Oregon DOC Over Mail Censorship, Again by On April 2, 2002 Prison Legal News filed suit in federal court in Portland, Oregon, challenging the Oregon prison system's ongoing attempts to prevent Oregon prisoners from subscribing to PLN and receiving their subscriptions or book orders if they did subscribe. …

Oregon Prisoners Sue for HCV Treatment

Article • July 15, 2002 • from PLN July, 2002

Filed under: Medical, Hepatitis, Administrative Exhaustion (PLRA), Americans with Disabilities Act

Oregon Prisoners Sue for HCV Treatment by On November 1, 2001, a group of Oregon prisoners filed suit in federal court against the State of Oregon, the Oregon Department of Corrections (ODOC), and several individual ODOC medical personnel related to the systematic denial and delay of adequate diagnosis and treatment …

Oregon Bulk Mail Ban Struck Down Again

Article • June 15, 2002 • from PLN June, 2002

Filed under: Mail, Publications/Books, Mail Regulations

Oregon Bulk Mail Ban Struck Down Again by The Ninth Circuit Court of Appeals held that a rule of the Oregon Department of Corrections (ODOC) prohibiting prisoners from receiving bulk rate, third and fourth-class mail, is unconstitutional, as applied to pre-paid, for-profit, subscription publications. The Court also held that a …

Prison Legal News v. Schumacher, OR, Amended Complaint, DOC Mail Censorship, 2002

Brief • June 12, 2002

Filed under: Mail, Mail Regulations, Censorship

Prison Legal News v. Schumacher, OR, Amended Complaint, DOC Mail Censorship, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 MARC D. BLACKMAN RANSOM BLACKMAN LLP 1001 S.W. Fifth Street, Suite 1400 Portland, OR 97204 (503) 228-0487 (telephone) (503) 227-5984 (facsimile) marc@ransomblackman.com OSB No. 73033 …

Oregon Passes Pay-to-Stay Law

Article • May 15, 2002 • from PLN May, 2002

Filed under: Seizure of Prisoner Funds, News, State Legislation

Oregon Passes Pay-to-Stay Law by The 2001 Oregon Legislature unanimously passed Senate Bill (SB) 183, authorizing, but not requiring, the Oregon Department (ODOC) to assess prisoners for costs associated with their imprisonment, including "but . . . not limited to, such items as medical care, room, board, administrative costs and …