Four Pennsylvania Jail Guards Fired, Two Resign Over Prisoner Beating by David Reutter by David M. Reutter Four Pennsylvania guards have been fired for beating a prisoner at the Westmoreland County Prison (WCP). The June 8, 2009 incident revealed a cover-up orchestrated by prison guards and their union leader. When …
Discovery Disputes in Suit Over Pennsylvania Jail MRSA Deaths by Matthew Clarke by Matt Clarke A Pennsylvania federal court has ordered medical personnel to answer deposition questions in a case involving the deaths of two prisoners due to MRSA at the Allegheny County jail. The court also appointed a special …
No Appeal In Section 2255 Proceeding Until Defendant Is Resentenced by Federal courts of appeal lack jurisdiction to entertain appeals from the grant or denial of relief under 28 U.S.C. § 2255 until proceedings in the district court have been finalized, the U.S. Court of Appeals for the Third Circuit …
Pennsylvania Prison Porn Ban Improperly Promulgated, but Not Unconstitutional by The Commonwealth Court of Pennsylvania has held that a state prison rule prohibiting prisoners from receiving or possessing materials containing pornography or nudity was invalid because it was not promulgated as a regulation pursuant to the Commonwealth Documents Law. However, …
Pennsylvania County Prisons Mired in Conditions Litigation by David Reutter by David M. Reutter Whether or not a large number of lawsuits is indicative of management or operational problems at a prison or jail is a matter of debate that depends on one’s perspective – that is, which side of …
Former PA Lawmaker Who Took Sex Offenders into His Home Files Suit Against Zoning Board by Thomas E. Armstrong, a former tough-on-crime Pennsylvania lawmaker who took three registered sex offenders into his home in Marietta Borough, filed a lawsuit last year challenging a decision by zoning officials to force the …
Pennsylvania Private Juvenile Prison Scandal Results in Guilty Pleas by Matthew Clarke by Matt Clarke On June 9, 2009, attorney Robert J. Powell of Hazeltown, Pennsylvania pleaded guilty to charges related to an illegal scheme involving two for-profit juvenile facilities – PA Child Care in Luzerne County and Western PA …
$5.9 Million Settlement in Philadelphia Jail Strip Search Class Action by Philadelphia's prison system has agreed to pay $5.9 million to settle the claims of class members in a class action lawsuit alleging their rights were violated as the result of a strip search policy. The settlement does not include …
Pennsylvania Jail Mired in Scandal ... Again by by David M. Reutter With the suspension of two top officials at the Monroe County Correctional Facility (MCCF) in Snydersville, Pennsylvania, efforts to turn the jail around have hit yet another stumbling block. The February 27, 2009 suspensions – and later resignations …
Aramark Discontinues, Loses Prison Food Service Contracts by David Reutter by David M. Reutter The corporate philosophy of cutting corners to enhance profits is catching up with Aramark Correctional Services, causing the company to lose prison and jail food service contracts and putting other contracts in jeopardy. Aramark has discontinued …
$2.16 Million Settlement in Dauphin Pennsylvania Jail Strip Search Lawsuit by A class action lawsuit alleging illegal strip searches occurred regularly at Pennsylvania’s Dauphin County Prison (DCP) has been settled for $2.16 million. The class claimed they were arrested on minor charges and strip searched without any particularized suspicion that …
Third Circuit Upholds Pennsylvania DOC Policy Requiring Control Number for Legal Mail by David Reutter by David M. Reutter Finding that no legitimate penological interest existed to support a Pennsylvania Department of Corrections (PDOC) policy that requires a PDOC-issued control number on correspondence for it to qualify as legal mail, …
Third Circuit Upholds Ban on UCC Materials; Sixth Circuit Disagrees by Brandon Sample The Pennsylvania Department of Corrections (PDOC) may lawfully ban the receipt and possession of materials related to the Uniform Commercial Code (UCC), the Third Circuit Court of Appeals held on July 29, 2008. In a more recent …
Philadelphia Tax Break for Hiring Ex-Prisoners a Bust by Giving employers a $10,000 tax break to hire ex-offenders was a good idea. At least until the Philadelphia City Council ruined it. While running for mayor of Philadelphia, Michael Nutter proposed a new way to cut crime: Help ex-cons get jobs …
Seizure of Prisoner’s Manuscript Containing Offensive Writing About Staff Does Not Violate First Amendment by On December 2, 2008, a non-jury trial was held before a Federal District Court in Pennsylvania on prisoner Wesley Harper §1983 claim against certain officials at the Smithfield State Correctional Institution (SCI) for First Amendment …
Judge Not: Judges Benched for Personal Misconduct by by Gary Hunter & Alex Friedmann They decide hot-button topics ranging from abortion and racial discrimination to religious freedoms and contested elections. They can put you in prison or vindicate your civil rights. They can even sentence you to death. Who am …
$226,000 Workers’ Comp Settlement for Pennsylvania Guard Scarred by MRSA by A Pennsylvania prison guard who contracted a staph infection that caused facial scarring has settled a workers’ compensation claim for $226,000. While employed at the Graterford Prison in 2003, guard Carol Snyder contracted an infection. She awoke on the …
UNICOR Robs Jobs from Private Sector; Prisoners Sue Over Working Conditions by Brandon Sample It is already hard enough for free world workers to hold down a job without having to compete with UNICOR, the prison labor arm of the federal Bureau of Prisons. But that is exactly what a …
Pennsylvania County Sex Offender Residency Ordinance Voided by by David M. Reutter On March 20, 2009, a Pennsylvania federal district court held that an Allegheny County ordinance which restricted where sex offenders could live was in conflict with state law, and thus was invalid. The plaintiffs in this case were …
