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New Retaliation Standard Defined by In a case of first impression, the Court of Appeals for the Third Circuit has defined a prisoner's burden of proof in a retaliation claim. Prisoner Henry Rauser sued Pennsylvania Department of Corrections (PDOC) officials after they retaliated against him for exercising his right to …
Balisok Bars Privacy Act Claim by The U.S. Court of Appeals for the District of Columbia has held that a prisoner must succeed on habeas corpus before suing under the Privacy Act (PA), 5 U.S.C. § 552(a), if the suit would undermine a disciplinary change against the prisoner if successful. …
Article • February 15, 2002 • from PLN February, 2002
Washington Department of Corrections' Address Requirement Illegal by The Washington Court of Appeals has held that the Washington Department of Corrections (DOC) lacks statutory authority to require a prisoner to obtain a preapproved residence location and living arrangement prior to release unless that condition was imposed by the sentencing court. …
Article • February 15, 2002 • from PLN February, 2002
Denial of Habeas Corpus Parole Challenge Reversed by The Third Circuit Court of Appeals has reversed the denial of a habeas corpus petition which challenged the federal Parole Commission's denial of parole with a 15_year setback. The Court, however, did not order a new hearing but only that the Parole …
Article • February 15, 2002 • from PLN February, 2002
Parole Revoked for Refusing Medication by The Eighth Circuit Court of Appeals has held that parole can be revoked if the parolee refuses medication as part of an agreed mental health treatment plan. Randy Closs, who has a long-term diagnosis of schizophrenia, was granted conditional parole from the South Dakota …
Texas Gives $2 Million to Proselytizing Prison Program by by Matthew T. Clarke The Texas Legislature appropriated an additional $1.5 million to expand the Interchange Freedom Initiative (IFI) to include prisoners who expect to be paroled to the DallasFort Worth area. Sponsored by Prison Fellowship Ministries, an organization founded by …
Washington DOC Suffers Yet Another Multi-Million Dollar Negligent Supervision Settlement by Lonnie Burton On May 16, 2001, the State of Washington and King County agreed to pay $5.5 million to the family of a man stabbed to death by a mentally ill man who was mistakenly released from the King …
Released NYC Prisoners Win Mental Health Benefits by Prisoners in New York City jails who received treatment for mental illness won class certification and a preliminary injunction requiring defendants to provide written discharge plans for prisoners who, during their confinement, received treatment for mental illness. Plaintiffs sought certification of the …
Washington Enacts Sweeping New Sentencing Laws, Creates Parole Board for Sex Offenders by Lonnie Burton Washington Governor Gary Locke recently signed into law the biggest changes to that state's sentencing laws since the Sentencing Reform Act of 1984 (SRA) was established. The Bill, known formally as Third Engrossed Substitute Senate …
Article • August 15, 2001 • from PLN August, 2001
Washington ISRB May Rescind Parole after Final Discharge by Washington ISRB May Rescind Parole After Final Discharge In a closely divided opinion, a 5 Justice majority of the Washington Supreme Court held that the Indeterminate Sentence Review Board (ISRB) has jurisdiction and statutory authority to rescind an order of final …
Article • July 15, 2001 • from PLN July, 2001
Georgia Parole Law May Violate Ex Post Facto by The Court of Appeals for the 11th Circuit held that a Georgia law changing the frequency between parole hearings may violate the ex post facto clause. Georgia prisoner Paul Harris claimed the retroactive application of Ga. Comp. R & Reg. r. …
Article • July 15, 2001 • from PLN July, 2001
Kansas Conditional Release Is Mandatory by Kansas Conditional Release is Mandatory The Kansas state court of appeals held that the parole hoard could not rescind parole revocation and convert it to a conditional release revocation. The court also held that the retroactive application of a rule governing withholding of good …
Texas Prisoners Have Liberty Interest in Mandatory Supervision by The court of appeals for the Fifth Circuit has held that eligible Texas state prisoners have a liberty interest in release on mandatory supervision. Dobber Graham Malchi, a Texas state prisoner, filed a federal habeas corpus action challenging a prison disciplinary …
Article • June 15, 2001 • from PLN June, 2001
Texas Prisoners May Challenge Discretionary Mandatory Release Procedures by The Texas Court of Criminal Appeals has held that Texas prisoners have the right to use a state habeas corpus action under Article 11.07, Texas Code of Criminal Procedure, to challenge the procedures used to deny them mandatory release. David Lee …
Washington DOC Hit with almost $50 Million in Verdicts and Settlements in Parole Victim Suits by Paul Wright In a four-month period between September, 2000 and January, 2001, the Washington Department of Corrections (DOC) was hit with separate jury verdicts for $22.4 and $15 million and settled two additional cases …
Closing Washington's Window of Parole Liability by Paul Wright In addition to almost $50 million in settlements and verdicts assessed against the Washington DOC in recent months, the Washington DOC has paid an additional $20.6 million to settle 25 parole liability cases and pay one jury verdict since 1994. Apparently, …
Eight Prisoner Deaths in California Women's Prison by Silja JA Talvi Eight Prisoner Deaths In California Women's Prison Revive Concerns About Medical Care, Availibility Of Compassionate Release by Silja J.A. Talvi The deaths of eight female prisoners within a seven-week period at a California women's prison have sparked a new …
Washington DOC Settles Sex Harassment Suit for $250,000 by WA DOC Settles Sex Harassment Suit for $250,000 In December 2000, the Washington Department of Corrections paid $250,000 to settle a sexual harassment lawsuit brought by a former community corrections officer who says she was fired after complaining to superiors about …
Article • April 15, 2001 • from PLN April, 2001
Ohio Parole Hearing Officer Acquitted in Bribe Case by After a three-day trial, a jury acquitted an Ohio parole-hearing officer of charges that he sold early parole releases to prisoners. On Nov. 9, 2000, as Lorain Co. Common Pleas Judge Lynett M. McGough read the verdict, parole hearing officer Harold …
Mystery Surrounds Texas Prison Rape/Suicide by A prisoner at the French Robertson Unit near Abilene, TX, hanged himself August 16, 2000, shortly after sexually assaulting a female prison employee, prison authorities say. A few minutes after 4:00 p.m., the female recreational staff (whose name and age were not released) confronted …
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