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Article • June 3, 2016 • from PLN June, 2016
California State Prisoner’s Habeas Case Gets to Supreme Court but Falls Short by Derek Gilna Antonio Hinojosa, serving a 16-year sentence in California’s prison system, was deemed a “validated” gang member by prison officials, effectively stripping him of future good-time credits and extending the length of his sentence. He filed …
Company Owes Nevada Prison Industries $428,000 by Bob Sloan Nevada’s state-run prison industry program, Silver State Industries, came under attack from citizens and business owners in 2014. One criticism of the program involved the loss of jobs to non-incarcerated workers and fewer jobs available to the unemployed. Another complaint was …
Article • June 3, 2016 • from PLN June, 2016
Advocates Leery of Cell Phones Given to Undocumented Immigrants by Derek Gilna Immigration rights advocates are suspicious of a new government-funded program administered by GEO Care – a division of the GEO Group, one of the nation’s largest for-profit prison companies – that supplies cell phones to low-risk undocumented immigrants. …
Article • June 3, 2016 • from PLN June, 2016
U.S. Department of Education Offers Second Chance Pell Pilot Program by Christopher Zoukis On July 31, 2015, the U.S. Department of Education (DOE) announced a new pilot program that will provide federal funding to colleges to provide classes at select prisons. The Second Chance Pell Pilot Program will help prisoners …
Article • June 3, 2016 • from PLN June, 2016
Filed under: Sentencing
U.S. Supreme Court Holds Prior ACCA Ruling Retroactive by Derek Gilna In a term with relatively few major criminal cases on its docket, the U.S. Supreme Court held that its previous decision in Johnson v. United States will have retroactive application on petitions for collateral review. In Johnson, the Court …
Article • June 3, 2016 • from PLN June, 2016
UK Supreme Court Rules Against Unlawful Use of Solitary Confinement by Christopher Zoukis On July 29, 2015, the United Kingdom’s Supreme Court unanimously ruled against prison officials in an action brought by prisoners Kamal Bourgass and Tanvir Hussain concerning their prolonged solitary confinement. According to British laws related to solitary, …
Article • June 3, 2016 • from PLN June, 2016
Penal Servitude: A Reminder about the U.S. Constitution’s 13th Amendment Exclusion Clause by by Charles Sullivan and Barbara Koeppel The U.S. Congress banned slavery in America 150 years ago on December 18, 1865 when the 13th Amendment became the law of the land (after a 250-year run). But it didn’t, …
Article • June 3, 2016 • from PLN June, 2016
Colombia: At Least 100 Dismembered Bodies Found in Prison Sewers by Special prosecutor Caterina Heyck Puyana announced at a press conference on February 18, 2016 that the Colombian Attorney General’s office was investigating the disappearance of at least 100 people between 1999 and 2001 whose bodies were allegedly dismembered and …
Louisiana Parish Saddled With Large Jail, Large Costs by Matthew Clarke Before he pleaded guilty to taking bribes and illegally spending around $150,000 of his campaign money, resulting in a 46-month federal prison sentence in 2013, former Plaquemines Parish, Louisiana Sheriff Jiff Hingle may have started his parish on a …
Disputed PLRA Administrative Exhaustion Issues Properly Resolved in Bench Trial by The Sixth Circuit Court of Appeals held on June 18, 2015 that disputed issues of fact regarding exhaustion under the PLRA may be resolved in a bench trial. The appellate court also found the plaintiff had failed to exhaust …
Article • June 3, 2016 • from PLN June, 2016
Music Publishers Sue Companies Providing Mixtapes for Prisoners by Matthew Clarke In early 2015, UMG Recordings, Capitol Records, Universal Music Corp. and several other record labels and music producers filed a federal lawsuit against companies that provide mixtapes to prisoners in at least 40 states. The suit claimed that mixtapes …
From the Editor by Paul Wright Criminologist Jonathan Simon refers to prisons as human toxic waste dumps where the ruling class dumps its human waste: out of sight and out of mind. Sadly, toxic waste is not just a literary analogy when discussing American prisons and jails. As PLN has …
Article • June 3, 2016 • from PLN June, 2016
Filed under: News in Brief
News in Brief by California: Rafael Rodriguez, Matthew Farris and Jereh Lubrin lost a fierce battle to keep a judge from remanding them to trial on murder charges on March 3, 2016. The Santa Clara County jail guards were accused of beating Michael Tyree, a 31-year-old mentally ill prisoner, to …
Article • May 13, 2016
Florida Prison’s “Widespread Retaliation” Against Writ Writers Claim Proceeds Forward by David Reutter The Eleventh Circuit Court of Appeals reversed a grant of summary judgment in a prisoner’s civil rights action alleging the Florida Department of Corrections (FDOC) has a widespread practice and custom of transferring prisoners in retaliation for …
Article • May 13, 2016
California Police Hit with Multimillion Dollar Jury Verdict in Prisoner’s Death by Derek Gilna The family of Robert Ramirez, who died while in the custody of Oxnard, California police officers, was awarded over $2 million in damages by a federal jury. According to the family’s lawsuit, on June 23, 2012, …
Article • May 13, 2016
Connecticut State Prisoner Settles with DOC, Receives Cash and Art Supplies by Derek Gilna Ian Cooke, a Connecticut state prisoner, filed a federal action under 42 U.S.C. 1983 to protest his lack of medical and psychiatric treatment while he was in custody awaiting trial, has settled with the Connecticut Department …
Article • May 13, 2016
$1.2 Million Settlement for Minor Injured in Detention Race Riot by The county of Los Angeles paid $1.2 million to settle a lawsuit filed by a juvenile who was seriously injured during a riot. According to the county’s Summary Corrective Action plan, a riot occurred at Camp Miller, a facility …
Article • May 13, 2016
Ohio Childhood Sex Abuse Statute Applies to State and Private Persons by The Ohio Supreme Court ruled on the applicability of R.C. 2305.111(C), which was adopted in 2006 and set “a firm accrual date as the date on which the victim attains the age of majority for claims based on …
Death Penalty Opponent Delbert Tibbs Dies at 74 by David Reutter Delbert Tibbs, a peaceful advocate to abolish the death penalty, has lost his battle against cancer and died at the age of 74. His advocacy was borne of personal experience of being wrongfully convicted. Tibbs was born on June …
Texas Executes Mexican National despite Unresolved Vienna Convention Claim by On January 22, 2014, Texas executed Edgar Arias Tamayo, 46, for the 1994 murder of Houston police officer Guy Gaddis despite an unresolved claim of a Vienna Convention violation. As applied to Tamayo, the Vienna Convention on Consular Relations required …
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