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Article • April 1, 2016 • from PLN April, 2016
Ninth Circuit: Freezing Prisoner’s Funds Requires Pre-deprivation Process by Mark Wilson Prison officials must provide a pre-deprivation hearing before freezing substantial prisoner assets, the Ninth Circuit Court of Appeals held on April 6, 2015. Under Oregon’s “pay-to-stay” law, prisoners are fully liable for their incarceration costs. The Oregon Department of …
Second Circuit Allows Muslim Prisoners’ Bivens Claims to Proceed by Derek Gilna Although Muslim prisoners held at the harsh U.S. military prison in Guantanamo Bay, Cuba have received more publicity, conditions of confinement for prisoners of Middle-Eastern descent in domestic prisons have also been abusive. So abusive, in fact, that …
DOJ Settlement to Improve Conditions at Mississippi Juvenile Facility by The U.S. Department of Justice (DOJ) has reached a settlement to address conditions at Mississippi’s Leflore County Juvenile Detention Center (LCJDC). The settlement agreement is the culmination of a DOJ investigation and a March 31, 2011 findings letter from the …
Article • April 1, 2016 • from PLN April, 2016
Colson Task Force Report Highlights BOP Issues, Makes Recommendations by Derek Gilna According to the Charles Colson Task Force on Federal Corrections, named after the former top advisor to President Richard Nixon who served a stint in federal prison before dedicating his life to prisoner rehabilitation and spiritual growth, “the …
Article • April 1, 2016 • from PLN April, 2016
Book Review: "Illegal to Legal: Business Success for (ex)Criminals, by R.L. Pelshaw" by Christopher Zoukis Illegal to Legal: Business Success for (ex)Criminals, by R.L. Pelshaw (The Pelshaw Group, 2014). 241 pages, $17.50 paperback Book review by Christopher Zoukis Criminal justice reform is an issue that has gained significant political and …
Lawsuit Claiming CMUs Lack Due Process on Appeal to D.C. Circuit by Derek Gilna The Bureau of Prisons (BOP) first instituted Communication Management Units (CMUs) in 2006 at the federal prison in Terre Haute, Indiana, then added another unit to the supermax in Marion, Illinois in 2008. CMUs were designed …
Article • April 1, 2016 • from PLN April, 2016
Delayed Washington Competency Evaluations and Treatment Violate Due Process by Mark Wilson “The state has consistently and over a long period of time violated the constitutional rights of the mentally ill – this must stop,” declared a Washington federal district court. “The in-jail wait time” before transferring incompetent criminal defendants …
Article • April 1, 2016 • from PLN April, 2016
Sacramento County Settles Former Jail Prisoner’s Lawsuits for $3,800 by Matthew Clarke In February 2015, Sacramento County, California agreed to settle three pro se federal civil rights actions filed by a former Sacramento County jail prisoner alleging theft of his mail, opening of his legal mail outside his presence and …
Privately-operated Texas Prison Rebounds by Matthew Clarke Despite years of controversy that included sitting vacant for months after it was built and staff members being arrested for smuggling contraband and having sexual relationships with prisoners, the Jack Harwell Detention Center in Waco, Texas has rebounded. It now houses more prisoners, …
Article • April 1, 2016 • from PLN April, 2016
Transparent Jumpsuit for Prison Transport May Violate Eighth Amendment by The Seventh Circuit Court of Appeals held last year that a prisoner stated a claim when he alleged he was forced to wear a see-through jumpsuit that exposed his genitals and buttocks while being moved from a county jail to …
Article • April 1, 2016 • from PLN April, 2016
Ninth Circuit: Improper ICE Detainer Constitutes Article III Injury by Mark Wilson The Ninth Circuit Court of Appeals reversed a district court’s dismissal of a false imprisonment suit based upon an improper immigration detainer, as the district court incorrectly held that it lacked Article III standing. In June 2007, Bernardo …
Article • April 1, 2016 • from PLN April, 2016
Filed under: Voting, Release and Reentry
The Will of the People: Ex-prisoners Voted into Public Office by Joe Watson What happens when voters elect a public official once deemed a public threat by the criminal justice system? From Connecticut to Virginia, Michigan to New Hampshire and Oregon to Oklahoma – just a few of the places …
Article • April 1, 2016 • from PLN April, 2016
California: Strip Searches of Prison Visitors No Longer Allowed by After just over a year of increased scrutiny for prison visitors, presumably to stem the flow of drugs and other contraband into California’s 35 state correctional facilities, prison officials announced in January 2016 that they would end the controversial practice …
Article • March 31, 2016 • from PLN April, 2016
Exonerated New York Prisoner Recovers $21.9 Million in Damages by An exonerated former New York prisoner received $21.9 million as a result of settlements and a jury verdict in a federal lawsuit claiming that law enforcement officials were responsible for his wrongful convictions for rape and homicide. Jeffrey Deskovic, 16, …
Article • March 31, 2016 • from PLN April, 2016
California Supreme Court Voids Ex Post Facto Sex Offender Residency Restrictions by Derek Gilna Proposition 83, passed in 2006 by California voters and popularly known as Jessica’s Law, had the stated aim of protecting children from sex offenders. It was later codified at Pen. Code § 3003.5(b), but on March …
Article • March 31, 2016 • from PLN April, 2016
Texas: $400,000 Settlement Award to Mentally Ill Jail Prisoner by On June 2, 2015, the Harris County Commissioners Court awarded $400,000 to Terry Goodwin, a mentally ill prisoner, to settle a civil lawsuit stemming from his extreme neglect while housed at the Harris County Jail in Houston. “I have never …
Article • March 31, 2016 • from PLN April, 2016
Lawsuits Challenge Release Debit Cards; Courts Rule Against Arbitration by Derek Gilna Robert Regan, 67, was carrying $764 when he was arrested on a warrant in Rockdale County, Georgia. Upon his release from jail, instead of receiving cash or a check for the money seized during his arrest, he had …
Article • March 31, 2016 • from PLN April, 2016
Prison’s Censorship of Newsweek Upheld by The Eighth Circuit Court of Appeals affirmed a grant of summary judgment to prison officials in a First Amendment challenge to the censorship of a magazine because it contained an article that reported violence and disorder in Mexico involving drug cartels. Missouri prisoner Joseph …
Article • March 31, 2016 • from PLN April, 2016
Sixth Circuit Allows Revival of Untimely Habeas Appeal Using Rule 60(b) by Matthew Clarke The Sixth Circuit allowed a prisoner to revive the appeal of her federal habeas corpus action in the interests of justice after she won a civil rights lawsuit against prison guards who prevented her from filing …
Article • March 31, 2016 • from PLN April, 2016
$550,000 Jury Award for Failure to Treat Prisoner’s Broken Jaw by The First Circuit Court of Appeals found that a Massachusetts federal district court improperly weighed the evidence when granting summary judgment to the defendants in a prisoner’s civil rights suit alleging nurses at the Bristol House of Correction failed …
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