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Article • May 6, 2015 • from PLN May, 2015
Human Rights Groups, Environmentalists Oppose New Federal Prison on Former Coal Mine in Kentucky by Panagioti Tsolkas Human Rights Groups, Environmentalists Oppose New Federal Prison on Former Coal Mine in Kentucky by Panagioti Tsolkas On March 30, 2015, organizations and individuals from across the country joined the Human Rights Defense …
Ninth Circuit Upholds $106,000 in Damages Plus Attorney Fees for Withheld Evidence by Mark Wilson Ninth Circuit Upholds $106,000 in Damages Plus Attorney Fees for Withheld Evidence by Mark Wilson The Ninth Circuit Court of Appeals has upheld a $106,000 damage award and over $348,300 in attorney fees and costs …
Article • May 6, 2015 • from PLN May, 2015
ICE Settles New York Immigration Raid Lawsuit for $1 Million by Matthew Clarke ICE Settles New York Immigration Raid Lawsuit for $1 Million by Matt Clarke Immigration and Customs Enforcement (ICE) has agreed to settle a class-action suit filed by 22 immigrants whose homes were raided by ICE agents in …
Article • May 6, 2015 • from PLN May, 2015
Filed under: Probation, Restitution
California Probation Cannot Exceed Maximum for Unpaid Restitution by Mark Wilson California Probation Cannot Exceed Maximum for Unpaid Restitution by Mark Wilson The California Court of Appeal, Sixth Appellate District, held on September 17, 2014 that trial courts lack authority to hold probationers in “suspended animation” beyond their maximum sentence …
Article • May 6, 2015 • from PLN May, 2015
Filed under: Editorials, Prisoner Media
From the Editor by Paul Wright From the Editor by Paul Wright It doesn’t seem like this is the 301st issue of Prison Legal News. When we published our first issue in 1990 I didn’t have an expectation of how long the publication would last nor did I think about …
Crime Labs Still in Crisis by Matthew Clarke Crime Labs Still in Crisis by Matt Clarke The October 2010 Prison Legal News cover story, “Crime Labs in Crisis: Shoddy Forensics Used to Secure Convictions,” provided an extensive examination of problems at crime labs nationwide. Apparently, and unfortunately, little has changed …
Article • April 10, 2015 • from PLN April, 2015
The Spread of Electronic Monitoring: No Quick Fix for Mass Incarceration by James Kilgore The Spread of Electronic Monitoring: No Quick Fix for Mass Incarceration by James Kilgore In a troubled criminal justice system desperately looking for alternatives to incarceration, electronic monitoring is trending. North Carolina has tripled the use …
Article • April 9, 2015 • from PLN April, 2015
Filed under: News in Brief
News in Brief by News in Brief Arizona: The Maricopa County Attorney’s Office announced on May 28, 2014 that it would not seek criminal charges against state prison guard Jesse Dorantes for the death of his K9 service dog, Ike, who was left in an unattended vehicle in the summer …
Article • April 9, 2015 • from PLN April, 2015
Filed under: Prison Labor
Maine Jail Raises Pigs to Feed Prisoners, Expands Organic Farm by Maine Jail Raises Pigs to Feed Prisoners, Expands Organic Farm The slop at the Somerset County Jail in East Madison, Maine is quite popular, at least among the jail’s porcine residents. To help feed the facility’s prisoners and cultivate …
Third Circuit: Lack of Training for Jail Guards Bars Summary Judgment; $150,000 Settlement by Mark Wilson Third Circuit: Lack of Training for Jail Guards Bars Summary Judgment; $150,000 Settlement by Mark Wilson On April 11, 2014, the Third Circuit Court of Appeals held that a jail’s failure to train guards …
Article • April 9, 2015 • from PLN April, 2015
Nebraska Supreme Court Upholds One-Hour Law Library Access by Mark Wilson Nebraska Supreme Court Upholds One-Hour Law Library Access by Mark Wilson On June 13, 2014, the Nebraska Supreme Court held that a prisoner did not state a cognizable access to court claim because he failed to show actual injury …
Article • April 9, 2015 • from PLN April, 2015
New York: Companies Settle Claims for Discriminating against Ex-Felons by Gary Hunter New York: Companies Settle Claims for Discriminating against Ex-Felons by Gary Hunter National retailer Bed Bath & Beyond forked over a large settlement in April 2014 after New York’s Attorney General caught the company illegally discriminating against ex-offenders …
Article • April 9, 2015 • from PLN April, 2015
Filed under: Sentencing, Juveniles
California Supreme Court Restricts Life Without Parole Sentences for Juveniles by California Supreme Court Restricts Life Without Parole Sentences for Juveniles The California Supreme Court has held that mandatory sentences of life without parole can no longer be applied to juvenile offenders. Even cases involving juveniles convicted of homicide must …
Article • April 9, 2015 • from PLN April, 2015
Deferred Sentence Completion Automatically Restores Civil Rights in New Mexico by Mark Wilson Deferred Sentence Completion Automatically Restores Civil Rights in New Mexico by Mark Wilson n May 1, 2014, the New Mexico Supreme Court held that satisfaction of the conditions of a deferred sentence fully restores a defendant’s civil …
Article • April 9, 2015 • from PLN April, 2015
Seventh Circuit Reinstates Prisoner’s Eighth Amendment Suit; $26,875 Settlement on Remand by Lonnie Burton Seventh Circuit Reinstates Prisoner’s Eighth Amendment Suit; $26,875 Settlement on Remand by Lonnie Burton n July 17, 2014, the Seventh Circuit Court of Appeals reinstated a lawsuit filed by a mentally ill Wisconsin prisoner who claimed …
Article • April 9, 2015 • from PLN April, 2015
Filed under: Sex Offender Residence
Dismissal of Challenge to Texas City’s Sex Offender Restrictions Reversed by Matthew Clarke Dismissal of Challenge to Texas City’s Sex Offender Restrictions Reversed by Matt Clarke The Fifth Circuit Court of Appeals has reversed the dismissal of a challenge to the constitutionality of a city’s sex offender residency restrictions. In …
Article • April 9, 2015 • from PLN April, 2015
Filed under: Criminal Procedure
Oregon Courts Must Give Notice before Amending Judgment by Mark Wilson Oregon Courts Must Give Notice before Amending Judgment by Mark Wilson On August 6, 2014, the Oregon Court of Appeals reversed a lower court’s second amended judgment that reinstated a former prisoner’s lifetime term of post-prison supervision (PPS). The …
Article • April 9, 2015 • from PLN April, 2015
Civilly Committed Sex Offenders Increasingly Released in Wisconsin by Matthew Clarke Civilly Committed Sex Offenders Increasingly Released in Wisconsin by Matt Clarke he State of Wisconsin is releasing more violent sex offenders who were civilly committed following their prison sentences, in part, officials say, because the state’s treatment program is …
Lawsuit Over Suicide of Oregon Prisoner Settles for $100,000 by Mark Wilson Lawsuit Over Suicide of Oregon Prisoner Settles for $100,000 by Mark Wilson The mother of an autistic Oregon prisoner who committed suicide shortly before his scheduled release accepted $100,000 to settle her suit against state prison officials. As …
Article • April 9, 2015 • from PLN April, 2015
Filed under: Attorney Client, Legal Mail
Reading Death Row Prisoner’s Legal Mail States Sixth Amendment Claim by David Reutter Reading Death Row Prisoner’s Legal Mail States Sixth Amendment Claim by David Reutter The Ninth Circuit has held that a prison guard’s act of reading a prisoner’s legal mail – not merely inspecting or scanning it – …
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