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Article • January 15, 2008
3 Strikes And You’re Out - Usually by 3 Strikes And You're Out -- Usually In 2004, Anthony Williams, a Pennsylvania state prisoner, sued a number of guards in a federal district court. He claimed, among other things, that they weren't treating his terminal disease. Williams had three prior suits …
Article • January 15, 2008
Alleged Inappropriate Delay in Prisoner’s Hep C Treatment States 8th Amendment Claim by Alleged Inappropriate Delay in Prisoner's Hep C Treatment States 8th Amendment Claim Salvatore Chimenti, a Pennsylvania state prisoner, was taken off his medication for Hepatitis C and made to wait over two years for a new drug, …
Police Informant's Identity Protected; Investigation Spurred by Accusation Merit Less by Pennsylvania policeman Mathew Barton appealed the dismissal of his action to compel Inspector Ralph Penco, the Police Commissioner, and the City of Philadelphia to disclose the identity of an informant who accused him of receiving stolen property. No action …
Article • January 15, 2008
Police Test Scores Disclosure Ordered Under Pennsylvania's Right to Know Law by Pennsylvania newspaper The Times Leader (TTL), a division of Cypress Media, Inc., appealed the dismissal of its action to compel the production of records regarding the test results of police candidates on the list for the City of …
Article • January 15, 2008
Private Parties Cannot Contract Away Right to Access Public Records by Pennsylvania accounting firm Cogen, Sklar and Levick (Firm) petitioned for declaratory judgment that a settlement agreement's terms of confidentiality exempted the agreement's public disclosure. The insurance department, a party to the agreement, along with the Philadelphia Enquirer, filed preliminary …
Article • January 15, 2008
Protection from Personal Document's Disclosure Does Not End With Death in Pennsylvania by Temple University law student Hayes Hunt petitioned the court to review the Pennsylvania Department of Corrections' (DOC) 1996 order denying his request for medical and mental health records of executed prisoner Leon Moser. The denial was affirmed …
Article • January 15, 2008
Psychological Records' Denial Upheld; Specificity in Request Required under Pennsylvania Act by Pro se Pennsylvania state prisoner Amitha Nanayakkara appealed the court's dismissal of his petition for a writ of mandamus to obtain records for use in filing a civil suit in federal court. The denial and dismissal were upheld …
Article • January 15, 2008
Right to Know Act Not Need Based, Only Statutory Definitions Required by Pro se Pennsylvania state prisoner Christopher Neyhart appealed the State Department of Corrections' (DOC) refusal to produce for inspection his urinalysis reports to prove his parole revocation was unfounded. The court held that Neyhart did not set forth …
Article • January 15, 2008
Commutation Decision, Not Reasoning, Discloseable Under Act in Board of Pardon's Denial by Pennsylvania state prisoner Frank Senk sought review of the Board of Pardon's (Board) refusal to produce files related to the Board's continuous denial of his application for commutation. The court ruled that disclosure of the requested documents …
Article • January 15, 2008
Conflicts in Statute Regarding Document Disclosures Yield to Right to Know: Settlement Ordered Released by The Westmoreland County Housing Authority (WCHA) sought review from an appellate order affirming the production of records regarding a settlement agreement between the WCHA's former employee and its insurer. The document was again determined to …
Article • January 15, 2008
Court Orders Disclosure of Witness' Information Regarding Lethal Injection Executions in Pennsylvania by Pennsylvania death row prisoner Michael Travaglia appealed the Department of Corrections' (DOC) 1996 refusal to disclose to his attorney, Mark Lesco, various documents regarding lethal injection procedures and the selection process and identities of witnesses to executions. …
Article • January 15, 2008
Disclosure of Drug Detecting Devices and Specific Operation Details at Prison Prohibited by Pro se Pennsylvania state prisoner George Vargo petitioned for review of documents regarding drug detection equipment after the Pennsylvania Department of Corrections (DOC) denied disclosure in 1998. The court affirmed the denial as to specific methods used …
Article • January 15, 2008
Documents Explaining $145 Million Paycheck from Commonwealth Public Funds Not Discloseable by Pennsylvania Senators Gerald Lavalle and Richard Kasunic (Senators) appealed a court's ruling denying them access to a report involving disbursement of public funds. The funds were used to settle an action against the Commonwealth for breech of contract. …
Article • January 15, 2008
Municipal Agreements with Contract Insurance Agencies are Public Record by Westmoreland County Housing Authority (WCHA) appealed a 2001 order of the Commonwealth Court of Pennsylvania requiring them to disclose a settlement agreement to the Tribune Review Publishing Company (Tribune) under the state's Right to Know Act (Act). The WCHA claimed …
Pennsylvania DOC's Nondisclosure of Documents Regarding Chemical Incident Upheld by Court by Pennsylvania state prisoner Christopher Heffran petitioned for review of the Department of Corrections' (DOC) non-production of requested documents regarding his asthma attack. The DOC stated that the requested documents were not public records under the Right to Know …
Article • January 15, 2008
Pennsylvania Settlement Agreement Ordered Disclosed for Involvement of Public Funds Disbursement by Pennsylvania's Lower Saucon Township (Township) appealed a court order requiring them to produce for inspection a settlement agreement resulting from a federal suit against its local police. The court affirmed the order for production because the agreement involved …
Brief • January 5, 2008
Yount v. T-Netix Inc, PA, Commission Order, Public Utility, 2008 PENNSYLVANIA PUBLIC UTILITY COMMISSION Harrisburg PA 17105-3265 Public Meeting held May 1, 2008 Commissioners Present: Wendell F. Holland, Chairman James H. Cawley, Vice Chairman Tyrone J. Christy Kim Pizzingrilli Jon E. Yount, AC-8297, et al. Docket No. C-20042655 v. T-Netix, …
Pennsylvania County Jail System Overcrowded, Under-Regulated by David Reutter by David M. Reutter Almost everyone with experience on the incarceration side of America's criminal justice system will tell you they would rather do time in prison than in a jail. The primary reason is that the overall conditions of confinement …
Article • December 15, 2007 • from PLN December, 2007
Pennsylvania Jail Prisoner Assaulted With Hot Water Awarded $50,000 by On December 15, 2006, a federal court awarded $50,000 to a prisoner who was burned with hot water by another prisoner while in a Philadelphia, Pennsylvania, jail. Peter Muse claimed that on April 23, 2004, while he slept, another prisoner …
Article • December 15, 2007 • from PLN December, 2007
Sentenced to Science: One Black Man’s Story of Imprisonment in America, by Allen M. Hornblum by Greg Dober Sentenced to Science: One Black Man's Story of Imprisonment in America, by Allen M. Hornblum Published by Pennsylvania State University Press, 232 pages, 16 illustrations, Cloth Bound, $24.95 Book Review by Greg …
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