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Ohio Appeals Court Upholds $7,820 Award for 70 Days Unlawful Incarceration by By Robert H. Woodman The Tenth District Court of Appeals of Ohio upheld a $7,820 damages award by the Ohio Court of Claims to Alton M. Stroud, a prisoner of the Ohio Department of Rehabilitation and Correction (DORC). …
Article • March 15, 2005 • from PLN March, 2005
Ohio Lawyer Suspended for Promising Favor from Judge for Money by Ohio Lawyer Suspended for Promising Favor from Judge for Money by Robert H. Woodman Overruling a more lenient recommendation from the Board of Commissioners on Grievances and Discipline, the Ohio Supreme Court indefinitely suspended Dayton attorney Daniel L. O'Brien …
Lucasville: The Untold Story of a Prison Uprising by Karen Thimmes By Staughton Lynd; Temple University Press, 2004; soft cover, 244 pages. $16.95 Reviewed by Karen G. Thimmes Death Row in Ohio is located at Mansfield Correctional Institution, a stone's throw from the fabled Mansfield Penitentiary, where much of the …
Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault by The Sixth Circuit Court of Appeals held a warden may be found to be deliberately indifferent to a male-to-female transsexual prisoner's safety where the prisoner was housed in the Protective Custody Unit (PCU) with a …
Untimely Grievances Satisfy PLRA; $70,000 Beating Verdict Upheld by The Sixth Circuit Court of Appeals held that even an untimely grievance satisfied the exhaustion requirement of the Prison Litigation Reform Act (PLRA) so long as the prisoner goes through every step of the grievance process. In doing so, the court …
Article • December 15, 2004 • from PLN December, 2004
Arrestee Cannot Be Charged With Bringing Drugs Into Jail by The Ohio Second District Court of Appeals has held that an arrestee cannot be charged with knowingly conveying drugs onto the grounds of a detention facility. Stephen Sowry was arrested on charges of disorderly conduct and resisting arrest. A pat-down …
Ohio County Juvenile Facility Not Immune from Suit in Rape Claim by The Sixth Circuit Court of Appeals held that a county juvenile detention center was not entitled to sovereign immunity. S.J., an Ohio juvenile, was referred to the Hillcrest Training Center (Hillcrest) which is a county juvenile facility created …
Article • November 15, 2004 • from PLN November, 2004
Ohio Prisoners Not Entitled to Memory Typewriters by The Ohio Supreme Court, affirming an appeals court decision, held that Ohio prisoners have no right to typewriters with more than one line of memory and that prison officials were justified in confiscating a prisoner's typewriter that had a five-page memory capacity, …
Article • September 15, 2004 • from PLN September, 2004
Captive Audience: Ohio Wants to Bring Prisoners to Jesus, the Law Be Damned by Kevin Hoffman On August 12, 2003, the Marion Correctional Institution played host to a most unlikely revival. The Promise Keepers, the international men's Christian ministry, put on a four-hour service for about 1,000 men, more than …
Article • September 15, 2004 • from PLN September, 2004
Former Ohio Parole Chief, Parole Attorney Alliance Raises Ethical Concerns by Michael Rigby A business partnership between former head of the Ohio Parole Board, Margarette Ghee, and Ohio prisoner-turned-parole attorney, Derek Farmer, has raised ethical concerns in the legal and criminal justice communities. After serving 18 years on a 1974 …
Rape of Women Prisoners Rampant in Ohio by Michael Rigby The sexual assault of female pris-oners at the Ohio Reformatory for Women (ORW) in Marysville, Ohio, is shockingly commonplace, according to a report by Stop Prisoner Rape (SPR) released on December 10, 2003. The 15-page report, titled The Sexual Abuse …
Article • August 15, 2004 • from PLN August, 2004
Ohio Supreme Court Holds Some Sex Predators Not Required to Register by Ohio Supreme Court Holds Some Sex Predators Not Required to Register In a unanimous decision, the Ohio Su-preme Court ruled that some persons labeled as sexual predators cannot be required to register with law enforcement authorities. Lawrence J. …
No Summary Judgment for Ohio Guards Who Used Excessive Force, Case Loses At Trial by No Summary Judgment for Ohio Guards Who Used Excessive Force, Case Loses At Trial The U.S. Court of Appeals for the Sixth Circuit reversed a district court's grant of summary judgment favoring certain prison guards …
Article • July 15, 2004 • from PLN July, 2004
Sanctions Against Ohio Paralegal Firm Upheld by The U.S. Seventh Circuit Court of Appeals affirmed in part and reversed in part a federal district court's sanctions against National Legal Professional Associates (NLPA) and its leader for unauthorized practice of law. NLPA is a paralegal service that markets directly to criminal …
Article • May 15, 2004 • from PLN May, 2004
Innocent Ohio Man Paid $750,000 for 10 Years Imprisonment by In 1991, Jimmy "Spunk" Williams, 32, was convicted of raping a 12 year-old girl, and sentenced to life in prison. Williams was appointed attorney Tom Watkins to represent him at a December 2001 parole hearing. Convinced of Williams' innocence, Watkins …
Article • May 15, 2004 • from PLN May, 2004
Ohio Native American Prisoner Granted Injunction to Grow Long Hair by David Reutter Ohio Native American Prisoner Granted Injunction to Grow Long Hair by David M. Reutter An Ohio federal district court has granted a prisoner at Ohio's Madison Correctional Institute (MCI) a preliminary injunction that allows him to grow …
Article • May 15, 2004 • from PLN May, 2004
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 …
Article • April 15, 2004 • from PLN April, 2004
Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983 by Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983; U.S. Supreme Court Grants Review Bringing itself into line with its sister circuits, the en banc U.S. Sixth Circuit Court of Appeals held that Ohio prisoners may challenge parole …
CCA Closes Oklahoma Prison, Settles Tax Lawsuit Over Ohio Prison by Michael Rigby The turbulent economy of the past decade has led many communities across America to foolishly seek prisons as a recession proof industry and rural welfare program for poor whites. But prisons can be a double edged sword, …
Verdict, Damages in Ohio Prisoner Disciplinary Case Reversed on Appeal by Verdict, Damages in Ohio Prisoner Disciplinary Case Reversed on Appeal The U.S. Sixth Circuit Court of Ap- peals has reversed and remanded a jury verdict and damages award in favor of an Ohio prisoner who claimed that he had …
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