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Denial of Cooking Class Attendance for Refusing HIV Test Upheld by The plaintiff complained that he was excluded from a "culinary arts program" because he wouldn't take an HIV test. The plaintiff did not allege that he was a "qualified individual with a disability" and, in fact, pleaded himself out …
Kansas Sex Offender Treatment Program Violates Fifth Amendment by The plaintiff was required to complete a sex offender treatment program or suffer impaired ability to earn good time, transfer to maximum custody, and loss of privileges for the review period, which "mirror the consequences imposed for serious disciplinary infractions." The …
Article • August 15, 2008
Retaliation Against Chaplain for Trying to Educate Prisoner Upheld by The plaintiff, a prison chaplain, tried to arrange literacy training for a "circuit rider," a prisoner kept permanently in segregation and frequently transferred. The warden refused to let him do it, suggesting an educator would be a more appropriate choice. …
IDEA is Constitutional by The Individuals with Disabilities Education Act (IDEA) was valid under 5 of the Fourteenth Amendment and therefore Congress successfully abrogated states' Eleventh Amendment immunity. Alternatively, it provides an unambiguous waiver of Eleventh Amendment immunity by clearly conditioning the receipt of federal funds on states' willingness to …
Federal Prisoner Facing Deportation Has No Right to Rehabilitative Programs by Hector Jimenez, a federal prisoner facing deportation when his prison sentence was completed, filed suit in U.S. district court under 28 U.S.C. §§ 2241 and 2255, claiming that his equal protection rights were violated when prison officials denied him …
Article • August 15, 2008
Damages Awarded to Two New Mexico Jr. High Students After Excessive Strip Search by New Mexico Jr. High students Crystal Kennedy and Randy Ford challenged the appellate reversal of damages they were awarded in a 42 U.S.C. § 1983 suit against Dexter Consolidated Schools (DCS) and individual school officials. The …
Unlocking America, Why and How to Reduce America’s Prison Population, The JFA Institute, November 2007, 32 pp. by John Dannenberg Reviewed by John E. Dannenberg Unlocking America is a study on how to approach the task of reducing America’s prison population (“decarceration”) without compromising public safety. Key factors recommended to …
Article • August 15, 2008
California Sex Offender Parolee’s Computer Restrictions Valid Where Computer Use was Related to Past Crimes by by John E. Dannenberg The California Court of Appeal has held that a “no-computers” condition of parole for a parolee convicted of lewd conduct with a minor was appropriate where the parolee had had …
Kentucky Jail Guards Win $872,000 in Discrimination, Retaliation Suit After Appellate Remand by Kelvin Brooks, a guard at the jail in Jefferson County, Kentucky, was black and had a race-related skin disease (PFB) that was irritated by shaving, so he wore a beard. Ron Bishop, the jail director, fired Brooks …
Article • August 15, 2008
Artwork Sold on City Grounds Protected by First Amendment; No Permit Required by The City of Sparks, Nevada appealed a district court ruling that allowed artist Steven White to display and sell his paintings in parks and Victoria Square without a permit or prior permission from the City. The appellate …
Article • July 15, 2008
Prison Music Program Not Constitutionally Required by A Pennsylvania federal district court has held that limitations imposed by prison officials on prisoners performing in “independent” music programs do not violate the constitution. The ruling came after a three-day non-jury trial in a civil rights action filed by prisoner Richard Young. …
Virgin Islands Prison Ordered Revamped After Ignoring Court's Warnings by U.S. District Court Judge Warren Young ordered change-at the Golden Grove Adult Correctional Facility (GGACF) in St. Croix, Virgin Islands. The court's original recommendation spurred by numerous complaints was ignored, leading to a persuasive Memorandum Opinion and accompanying order in …
Article • June 15, 2008 • from PLN June, 2008
Think Outside The Cell: An Entrepreneur’s Guide for the Incarcerated and Formerly Incarcerated, by Joseph Robinson, Resilience Multimedia, 270 pages by Gary Hunter Book Review by Gary Hunter Books about business come and go. Someone is always ready to tell us how to manage our money. But few books break …
Washington Study Finds Higher Recidivist Rate Amongst Sex Offenders Recommended, But Not Committed, For Civil Commitment by David Reutter by David M. Reutter A report by the Washington State Institute for Public Policy concludes that sex offenders “who were referred for possible civil commitment have a much higher pattern of …
CA Uses Jail Inmate Welfare Funds for Reentry; Expands Early Release for Permanently Disabled CDCR Prisoners by In September 2007, Governor Schwarzenegger signed Senate Bill (SB) 718 into law, which amends penal code § 4025 to permit the use of Inmate Welfare Funds (IWF) collected in eight California counties to …
Article • May 15, 2008
Denial of Food, Visits for Refusing to Shave Upheld by Allegations of the denial of one visit and seven or eight meals over a period of a month, without an allegation of denial of a minimally nutritious diet, was frivolous (The plaintiff was denied food and visits because he had …
Article • April 15, 2008 • from PLN April, 2008
Audit of Iowa Prison System’s Substance Abuse Treatment Programs Released by Matthew Clarke Audit of Iowa Prison System's Substance Abuse Treatment Programs Released by Matt Clarke On May 25, 2007, the Iowa Department of Management released a performance audit of substance abuse treatment in the Iowa Department of Corrections (DOC). …
Making the Bad Guy Pay: The Growing Use of Cost Shifting as an Economic Sanction by Kirsten D. Levingston by Kirsten D. Levingston1 "At some point, we have to be able to say to people who have been incarcerated, and served time on probation or parole upon release, you have …
Article • April 15, 2008 • from PLN April, 2008
Bergen County Jail, New Jersey, Provides Laptops for Legal Research by New Jersey?s Bergen County Jail is entering the 21st century with a revolutionary plan by Sheriff Leo McGuire to provide prisoners with laptop computers to do legal research while in the jail. The 80 laptops?stripped down durable mini-PCs?were purchased …
A Pursuit of Prisoners’ Health and Safety A conversation with Elizabeth Alexander, director of the ACLU’s National Prison Project by Todd Matthews A Pursuit of Prisoners' Health and Safety: A conversation with Elizabeth Alexander, director of the ACLU's National Prison Project by Todd Matthews Thirty-seven years ago, Elizabeth Alexander graduated …
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