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Article • July 15, 2007 • from PLN July, 2007
Prison Skin-Art Pared From Canadian Budget by Gary Hunter An innovative plan to prevent the spread of communicable diseases in Canadian prisons has been axed by Canada?s Conservative government. In 2005, $350,000 in startup funds plus $600,000 for operating costs were allocated to implement a safe-tattoo program in six federal …
San Francisco Civil Grand Jury Cites Continuing Jail Deficiencies by John Dannenberg by John E. Dannenberg In November 2005, the jurors of the San Francisco Grand Jury inspected city and county jails and found longstanding unremediated problems of inadequate budgets, staffing shortages, overcrowding and high (40%) recidivism rates. The Jury …
Article • July 15, 2007 • from PLN July, 2007
Governor’s Task Force Recommends Changes in Florida’s Prison System Mission by Governor's Task Force Recommends Changes in Florida's Prison System Mission Recognizing that 90% of all Florida prisoners will eventually be released into society, former Governor Jeb Bush commissioned the Ex-Offender Task Force (Task Force) on February 7, 2005 to …
Article • June 15, 2007 • from PLN June, 2007
Study: Supermax Prisons Achieve Control While Inflicting Debilitating Side Effects, But Don’t Reduce Recidivism by John Dannenberg Study: Supermax Prisons Achieve Control While Inflicting Debilitating Side Effects, But Don't Reduce Recidivism by John E. Dannenberg The Justice Policy Center of the Urban Institute (UI) issued a research report, Evaluating the …
New York Jail’s Juvenile Education Suit Returns to District Court by New York Jail's Juvenile Education Suit Returns to District Court The Second Circuit Court of Appeals has held that a federal court may only grant relief in a civil rights action filed by a prisoner on federal law claims …
Supreme Court Discusses § 501(c)(3) Tax Exempt Status by The United States Supreme Court held that a South Carolina nonprofit private school, which prescribed and enforced racially discriminatory admission standards on the basis of religious doctrine, did not qualify as a tax-exempt organization under 501(c)(3) of the Internal Revenue Code. …
Denial of Compensation to Unemployed Prisoner Doesn't Violate Constitution by The U.S. Third Circuit Court of Appeals upheld a Pennsylvania federal district court's dismissal of a state prisoner's suit where the prisoner claimed that denial of "idle pay" violated his constitutional rights. Joseph Fidtler sued the Pennsylvania Department of Corrections …
Article • May 15, 2007
Religious Belief Allows NY Jewish Prisoner to Grow Beard by The United States Court of Appeals for the Second Circuit held that an Orthodox Jewish prisoner has a protected right under the First Amendment to grow a beard, and that a Department Directive cannot prevent the prisoner from growing a …
Article • May 15, 2007
NY DOC Beard Ban Upheld by The U.S. Court of Appeals for the Second Circuit upheld a New York Department of Corrections (DOC) rule banning beards longer than one inch. Yevgen Fromer, an Orthodox Jewish prisoner, brought a civil rights action alleging that the DOC's policy prohibiting beards in excess …
Retaliation for Prisoner's Political Views States §1983 Claim by Retaliation for Prisoner's Political Views States §1983 Claim New York state prisoner Stanley Sczerbaty filed a 42 U.S.C. §1983 claim alleging that prison officials punished him for his political views by removing him from college classes one week after he filed …
South Carolina: Liberty Interest Not Implicated by Denial of Rehabilitation by The Supreme Court of South Carolina held that the denial of a prisoner's grievance requesting immediate enrollment in the second phase of a sex offender treatment program (SOTP) did not create a liberty interest entitling him to have the …
Article • May 15, 2007
New York DOC Beard Ban Held Unconstitutional On Remand by The United States District Court for the District of New York held that a New York Department of Corrections (DOC) policy banning beards in excess of one inch in length was unconstitutional as applied to a Jewish prisoner. Yevgen Fromer, …
Article • May 15, 2007
Ex-Prisoners' are not a Protected Class by The Washington State Court of Appeals held that Washington's Human Rights Commissions (H.R.C.) exceeded its "statutory authority" by promulgating the Washington Administration Code (W.A.C) 162-16-060, which protects ex-prisoner's from employment discrimination. In 1987, an ex-prisoner was hired to be a shipping/receiving clerk with …
Article • May 15, 2007
Going Barefoot Not Protected Speech by A rule requiring patrons of a public library to wear shoes did not violate the First Amendment, even assuming that going barefoot constituted speech. A library is a limited public forum, and the shoe requirement is a valid, content-neutral regulation that promotes communication of …
Years Later, $95,000 Attorney Fees Paid in Essex County Jail Conditions Suit by After 12 years of disputing the amount to be paid to Massachusetts Correctional Legal Servicer (MCLS) for attorney fees relating to a class action suit, officials in Essex County agreed on July 8, 2004, to pay $95,069.89 …
Sixth Circuit Remands Hadix For Termination on Hearing by The Sixth Circuit has reversed the district court's order "terminating" the Hadix consent decree because the order did not comply with the requirements of the PLRA on termination orders, 18 U.S.C. § 3026(b). This case involves a class action civil rights …
Article • May 15, 2007
New Jersey Ad-Seg Prisoners Have No Right to Education by The United States District Court for the District of New Jersey has held that prisoners in administrative segregation (ad-seg) do not have an equal protection right to education. Henry T. Little, a prisoner at the New Jersey State Prison (NJSP), …
Court Appoints Monitor to Oversee Michigan Prison Implementation by Court Appoints Monitor To Oversee Michigan Prison Implementation The District Court, E.D. Michigan, S.D., on remand from the 6th Circuit Court of Appeals, ordered the Michigan Corrections Commission to appoint a Special Administrator to bring the female prisoner educational programs to …
Article • May 15, 2007
Sanctions Ordered Against Michigan Prison by For failing to comply with district court orders to implement vocational programs, the District Court, E.D. Michigan, S.D., ordered contempt sanctions against Michigan prison officials. See: Glover v. Johnson, 9 F.Supp. 799 (ED MI 1998).
Article • May 15, 2007
Educational Administrator Appointment Ordered in Michigan Discrimination Case by The District Court, E.D. Michigan, S.D., held that the Michigan Department of Corrections failed to comply with court order requiring the appointment of an educational administrator to bring female prisoners' education programs to parity with male counterparts. The court ordered (1) …
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