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Article • April 9, 2015 • from PLN April, 2015
Oregon: State Must Prove Defendant’s Ability to Pay Attorney Fees by Mark Wilson Oregon: State Must Prove Defendant’s Ability to Pay Attorney Fees by Mark Wilson On July 23, 2014, the Oregon Court of Appeals vacated $36,000 in court-appointed attorney and indigent contribution fees, as there was no evidence the …
Article • April 9, 2015 • from PLN April, 2015
Sixteen Maryland Prison Guards Sentenced for Severely Beating Prisoner by Sixteen Maryland Prison Guards Sentenced for Severely Beating Prisoner Sixteen guards formerly employed atthe Roxbury Correctional Institution (RCI) near Hagerstown, Maryland have received sentences ranging from probation to five years in prison in connection with two assaults on a prisoner …
Article • April 9, 2015 • from PLN April, 2015
Forty Defendants, Including 24 Guards, Convicted in Widespread Corruption Scandal at Baltimore City Jail by Christopher Zoukis Forty Defendants, Including 24 Guards, Convicted in Widespread Corruption Scandal at Baltimore City Jail by Christopher Zoukis The confessed leader of a powerful gang inside the Baltimore City Detention Center was the government’s …
Article • April 9, 2015 • from PLN April, 2015
Maryland Cannot Compel Retroactive Sex Offender Registration by Maryland Cannot Compel Retroactive Sex Offender Registration he Maryland Court of Appeals held in June 2014 that circuit courts have the power to order the removal of sex offenders from the state’s registry, thereby impacting federal databases as well; the decision followed …
Article • April 9, 2015 • from PLN April, 2015
Unexhausted Oregon Parole Claims Not Cognizable by Mark Wilson Unexhausted Oregon Parole Claims Not Cognizable by Mark Wilson On March 19, 2014, the Oregon Court of Appeals held that a pro se prisoner’s parole decision claims were not cognizable on appeal because he failed to raise those issues in his …
Article • April 9, 2015 • from PLN April, 2015
Filed under: Judicial Misconduct
Philadelphia Traffic Court Abolished; Seven Judges Convicted by Philadelphia Traffic Court Abolished; Seven Judges Convicted The first black woman to be named president judge of Philadelphia’s Traffic Court has been sentenced to two years in federal prison in connection with a widespread ticket-fixing scandal that also led to the convictions …
Article • April 9, 2015 • from PLN April, 2015
California Prisoner’s Conviction for Smuggling Tobacco Overturned by Lonnie Burton California Prisoner’s Conviction for Smuggling Tobacco Overturned by Lonnie Burton A California state prisoner convicted of a felony offense for smuggling tobacco into prison has had his conviction reversed by a California appellate court, although a related conviction for smuggling …
Article • April 8, 2015 • from PLN April, 2015
Tenth Circuit Misses Chance to Limit Long-Term Solitary Confinement by Derek Gilna Tenth Circuit Misses Chance to Limit Long-Term Solitary Confinement by Derek Gilna The Tenth Circuit Court of Appeals has upheld a prisoner’s more than three-decades-long stint in solitary confinement, sidestepping an opportunity to meaningfully address the appropriateness of …
Article • April 8, 2015 • from PLN April, 2015
Tennessee County Not Required to Pay for Medical Costs after Prisoner’s Release by David Reutter Tennessee County Not Required to Pay for Medical Costs after Prisoner’s Release by David Reutter The Tennessee Court of Appeals has held that a prisoner does not have a private right of action for being …
Article • April 8, 2015 • from PLN April, 2015
Filed under: Editorials
From the Editor by Paul Wright From the Editor by Paul Wright In 25 years of publishing Prison Legal News, we have reported a number of recurring themes where the only specifics that change are the names, dates and locations. But the broader issues – prison slavery, government corruption, guards …
Article • April 8, 2015 • from PLN April, 2015
Lost and Improperly Destroyed Evidence Thwarts Post-Conviction DNA Testing by Matthew Clarke Lost and Improperly Destroyed Evidence Thwarts Post-Conviction DNA Testing by Matt Clarke While crime labs across the country have been in the news for improper testing of forensic evidence in criminal cases, the problem with misplaced and improperly …
Article • March 5, 2015 • from PLN March, 2015
Filed under: News in Brief
News in Brief by News in Brief California: On June 24, 2014, the San Bernardino County Sheriff’s Department identified two prisoners killed in an apparent homicide at U.S. Penitentiary Victorville. Brian Kountz, 24, and Robert Howard Ferguson, 49, were pronounced dead at the prison on June 21, 2014. The FBI …
Third Circuit Denies Intervention in CRIPA Class-Action Suit by Mark Wilson Third Circuit Denies Intervention in CRIPA Class-Action Suit by Mark Wilson On April 11, 2014, the Third Circuit Court of Appeals rejected a prisoner’s motion to intervene in a 28-year-old class-action case on the eve of settlement. In 1986, …
Pennsylvania: Wexford Settles Case Involving Death of Prisoner’s Baby by Pennsylvania: Wexford Settles Case Involving Death of Prisoner’s Baby A federal civil rights complaint filed in March 2013 accused employees of Wexford Health Sources of failing to provide appropriate medical care to a pregnant prisoner at Pennsylvania’s Westmoreland County Prison …
Deaths at South Carolina Jail Under Investigation; Multiple Lawsuits Filed by Deaths at South Carolina Jail Under Investigation; Multiple Lawsuits Filed The widow of a mentally ill man who hanged himself less than an hour after being booked into jail in Orangeburg County, South Carolina is suing the county and …
Article • March 5, 2015 • from PLN March, 2015
Eighth Circuit Reverses Denial of Qualified Immunity; Prisoner Proved Neglect, Not Deliberate Indifference by Mark Wilson Eighth Circuit Reverses Denial of Qualified Immunity; Prisoner Proved Neglect, Not Deliberate Indifference by Mark Wilson On March 25, 2014, the Eighth Circuit Court of Appeals reversed a district court’s denial of qualified immunity …
$66,000 Jury Award in New Mexico CCA Sexual Abuse, Retaliation Case by Matthew Clarke $66,000 Jury Award in New Mexico CCA Sexual Abuse, Retaliation Case by Matt Clarke On November 15, 2012, a New Mexico federal jury awarded $66,000 to a woman formerly incarcerated at a prison operated by Corrections …
Article • March 5, 2015 • from PLN March, 2015
Texas Court Reexamines Test for Misconduct by Forensic Scientist by Mark Wilson Texas Court Reexamines Test for Misconduct by Forensic Scientist by Mark Wilson On January 15, 2014, the Texas Court of Criminal Appeals modified its earlier decisions in which it had presumed that evidence handled by a forensic scientist …
Summary Judgment Denied in California Jail Excessive Force Death; $8.3 Million Settlement Plus Injunctive Relief by Mark Wilson Summary Judgment Denied in California Jail Excessive Force Death; $8.3 Million Settlement Plus Injunctive Relief by Mark Wilson In April 2014, a California federal district court denied summary judgment to jail guards …
Article • March 5, 2015 • from PLN March, 2015
$1.3 Million Settlement in Prisoner’s Death at Michigan Jail; Claims Against Other Defendants Dismissed by $1.3 Million Settlement in Prisoner’s Death at Michigan Jail; Claims Against Other Defendants Dismissed When Michigan’s Saginaw County agreed to pay $1.3 million to settle a civil rights lawsuit stemming from a prisoner’s medical-related death, …
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