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Report on Prison Privatization Plagued with Political Connections, Conflicts of Interest, Faulty Data by On May 21, 2010, the Private Corrections Institute, a non-profit citizen watchdog group that opposes prison privatization, issued a statement sharply criticizing a joint report by the Reason Foundation, a California-based libertarian think-tank that promotes the …
No Qualified Immunity for Denial of Protective Custody to Ohio Prisoner by The Sixth Circuit Court of Appeals affirmed a lower court’s denial of qualified immunity in an Ohio prisoner’s lawsuit raising a failure to protect claim. Ohio prisoner George Hamilton was the target of a “hit” by the Aryan …
Article • March 15, 2010 • from PLN March, 2010
South Carolina Prisoner Does Easy Time by Gary Hunter South Carolina state prisoner Kevin Bell, 42, breezed through the last six years of his sentence with the help of local law enforcement officials. In 1996, Bell began serving a 13-year prison term for cocaine trafficking. Six years later he was …
Ineffective Attempts to Protect Texas Prisoner Were Sufficient by The Fifth Circuit Court of Appeals reversed a district court’s denial of summary judgment to prison officials who had failed to safeguard a Texas state prisoner, saying their ineffective attempts to protect him were sufficient. Gregory Moore was incarcerated at the …
Guantanamo’s Youngest Prisoner Can’t Be Tried, Won’t be Released by Matthew Clarke by Matt Clarke By July 2002, Omar Khadr, a skinny l5-year-old boy born in Toronto, Canada, had become a radical Muslim militant. He received his first training in an Al-Qaeda camp at the tender age of twelve. To …
Eighth Circuit Rejects Failure to Protect Claim by On July 9, 2009, the U.S. Court of Appeals for the Eighth Circuit rejected a failure to protect claim brought by the family of a prisoner who was killed at the Sherburne County Jail in Minnesota. Carl Moyle was killed by his …
Federal Court Holds Enemy Combatant Detainee May Sue Government Officials by On June 12, 2009, a federal district court in California ruled that a U.S. citizen detained in the U.S. as an enemy combatant could sue a high-ranking federal official who promulgated legal opinions on policies that led to the …
Article • December 15, 2009 • from PLN December, 2009
Eight More Prison Closures in Michigan by Since taking office in 2003, Michigan Governor Jennifer Granholm has closed six prisons. To pare $120 million from the state’s budget, she recently decided to close eight more, including five minimum-security prison camps. The announcement of the closures on June 5, 2009 created …
Article • July 15, 2009
New York Prison Officials Liable for Wheelchair Accident by A New York Court of Claims held that prison officials are 100% liable for injuries suffered by a prisoner who fell from his wheelchair on a sloped ramp. Prisoner Darrin Carathers, who is wheelchair-bound, was being transported to St. Agnes Hospital …
Paraplegic Louisiana Prisoner Requires Transportation in Vehicle with Wheelchair Lift and Restraints Under ADA by To settle a prisoner’s federal civil complaint filed under the Americans with Disabilities Act and the Rehabilitation Act of 1973, the Louisiana Department of Public Safety and Corrections (LDOC) has entered into a consent judgment. …
Article • June 15, 2009
BOP May Lawfully Limit Halfway House Placement Beyond 180 Days by The Bureau of Prisons (BOP) may lawfully restrict federal prisoners to no more than 180 days halfway house placement, the U.S. Court of Appeals for the Eighth Circuit decided May 30, 2008. Gary Miller and several other prisoners at …
Article • April 15, 2009
Tenth Circuit Explains Sandin Standard to Determine Liberty Interests by In reversing a Kansas federal district court’s grant of summary judgment to prison officials, the Tenth Circuit Court of Appeals has explained how the legal landscape changed by the ruling in Sandin v. Conner, 115 S. Ct. 2293 (1995). In …
Article • April 15, 2009
Tenth Circuit Finds Colorado Administrative Segregation Placement Does Not Implicate Liberty Interest by The Tenth Circuit Court of Appeals has held that a prisoner’s administrative confinement conditions did not violate his due process rights because he failed to prove that he had a liberty interest in avoiding such placement. Before …
Class Certification Granted to Illinois Prisoners In Retaliation Lawsuit by A federal district court in Illinois has granted class certification to a group of prisoners. The plaintiffs are current and former Illinois Department of Corrections (IDOC) prisoners housed in the maximum security unit at Tamms Correctional Center (TCC). The lawsuit …
Federal Prison Officials Granted Qualified Immunity in Colorado by A federal district court in Colorado has granted qualified immunity to the warden and associate wardens of the United States Penitentiary, Administrative Maximum Unit (ADX) in regards to a lawsuit filed by a federal prisoner. Prisoner Ahmed Ajaj filed suit against …
Beating Of Ex Federal Prisoner And Snitch Settles For $300,000 by Ex federal prisoner Mark Lang petitioned for a writ of habeas corpus in 1993 and filed subsequent tort action in 1995 for redress after prison officials put him in a cell with a psychiatric patient who severely beat him. …
Sixth Circuit: Second Filing Fee Not Required for Re-Filed Complaint Due to Failure to Exhaust by The Sixth Circuit Court of Appeals has reversed a Tennessee district court’s order of dismissal that erroneously considered a prison grievance procedure to be an available remedy for a prisoner’s classification-related complaint. The appellate …
Brief • December 4, 2008
Filed under: Transfers, Commissary
Sample v. BOP, DC, Settlement, FOIA phones ITS transfers and commissary, 2008 Case 1:06-cv-00715-PLF Document 111 Filed 12/04/2008 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA B~DON SAMPLE, ~ al. , ) ) Plaintiffs, ) ) v. ) Civil Action No. 06-715 PLF ) Federal …
Florida DOC Ends Unofficial Transfer-for-Sale Policy by David Reutter by David M. Reutter It has long been an established fact among Florida prisoners that if you wanted a transfer to a certain prison, you could pay well-connected lawyers to make that transfer happen. After Florida then Department of Corrections (FDOC) …
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