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Article • February 4, 2015 • from PLN February, 2015
Second Circuit: Brady Claim Not Barred by Heck by Mark Wilson Second Circuit: Brady Claim Not Barred by Heck by Mark Wilson The en banc Second Circuit Court of Appeals has held that a Brady claim is not Heck-barred when a defendant’s conviction is vacated but he subsequently pleads guilty …
Article • February 4, 2015 • from PLN February, 2015
Eighth Circuit: Ruling Required on Prison Officials’ Qualified Immunity Defense by Eighth Circuit: Ruling Required on Prison Officials’ Qualified Immunity Defense by Mark Wilson The Eighth Circuit Court of Appeals has held that a district court erred in failing to resolve a motion to dismiss based on qualified immunity with …
Article • February 4, 2015 • from PLN February, 2015
Eighth Circuit: Jail Guards Denied Summary Judgment for Use of Force against Detainees by David Reutter Eighth Circuit: Jail Guards Denied Summary Judgment for Use of Force against Detainees by David Reutter On April 24, 2014, the Eighth Circuit Court of Appeals affirmed the denial of summary judgment to jail …
Article • February 4, 2015 • from PLN February, 2015
Filed under: Indigent Defense, Costs
Seventh Circuit: Dismissal due to Nonpayment of Filing Fee Requires Assessment by Mark Wilson Seventh Circuit: Dismissal due to Nonpayment of Filing Fee Requires Assessment by Mark Wilson The Seventh Circuit Court of Appeals held in March 2014 that a district court had abused its discretion when it dismissed a …
Article • February 4, 2015 • from PLN February, 2015
United States, Britain Offer Training to “Improve” Prison Conditions in Afghanistan by United States, Britain Offer Training to “Improve” Prison Conditions in Afghanistan While attempting to liberate Afghanistan from the tyranny of the Taliban, the U.S. and Great Britain have given the Afghans incarceration-related tools and training, ostensibly to improve …
California: Local Ordinances Banning Sex Offenders from Parks Invalidated by Mark Wilson California: Local Ordinances Banning Sex Offenders from Parks Invalidated by Mark Wilson On April 23, 2014, the California Supreme Court refused to review two lower court decisions that invalidated local ordinances barring sex offenders from parks and other …
Article • February 4, 2015 • from PLN February, 2015
Filed under: Restitution
Montana: Extradition Costs Not Recoverable as Restitution by Mark Wilson Montana: Extradition Costs Not Recoverable as Restitution by Mark Wilson The Montana Supreme Court has unanimously held that a restitution order for extradition costs is invalid. Mark M. Macy, Jr. was convicted of various felony offenses in Montana. He was …
Article • February 4, 2015 • from PLN February, 2015
Life Sentences Spike in Recent Years – Especially in Utah by Life Sentences Spike in Recent Years – Especially in Utah A recent research study and news reports have revealed an increase in the number of prisoners across the nation – and particularly in Utah – sentenced to life in …
Court Finds PLN’s Rights Violated by Arizona Jail; Case Settles for $15,293 by Court Finds PLN’s Rights Violated by Arizona Jail; Case Settles for $15,293 A federal district court in Arizona held that officials at the Pinal County Jail (PCJ) in Florence, Arizona violated Prison Legal News’ First and Fourteenth …
Article • February 4, 2015 • from PLN February, 2015
Eighth Circuit: Deliberate Indifference Standard GovernsMedical Care for Civilly Committed Detainees by Mark Wilson Eighth Circuit: Deliberate Indifference Standard GovernsMedical Care for Civilly Committed Detainees by Mark Wilson On February 4, 2014, the Eighth Circuit reversed a district court’s denial of qualified immunity, finding that it had applied the wrong …
Article • February 4, 2015 • from PLN February, 2015
Eighth Circuit: No Qualified Immunity for Jail Prisoner Raped in Unlocked Cell; $60,000 Verdict at Trial by Mark Wilson Eighth Circuit: No Qualified Immunity for Jail Prisoner Raped in Unlocked Cell; $60,000 Verdict at Trial by Mark Wilson On May 20, 2014, the Eighth Circuit Court of Appeals affirmed the …
Article • February 4, 2015 • from PLN February, 2015
Filed under: Guard Unions
Wisconsin Prison Guard Union Faces Challenges by Derek Gilna Wisconsin Prison Guard Union Faces Challenges by Derek Gilna A 2013 memo issued by then-incoming Wisconsin Department of Corrections (DOC) Secretary Edward F. Wall, in which he warned DOC employees to stop spreading rumors, was apparently another example of contentious relations …
Five Deaths in Eleven Months at California Jail Spark Grand Jury Probe by Five Deaths in Eleven Months at California Jail Spark Grand Jury Probe A Santa Cruz County, California grand jury investigation concluded that a multitude of breakdowns contributed to the deaths of five jail detainees over an 11-month …
Article • February 4, 2015 • from PLN February, 2015
Washington DOSA Revocation Requires Credit for Community Custody Time by Mark Wilson Washington DOSA Revocation Requires Credit for Community Custody Time by Mark Wilson On November 26, 2013, the Washington State Court of Appeals held that when a “drug offender sentencing alternative” (DOSA) is revoked, the court must award credit …
Article • February 4, 2015 • from PLN February, 2015
Texas: $100 Medical Copay for Prisoners Generates Less Revenue than Expected by Matthew Clarke In October 2011, when Texas enacted a law instituting a $100 annual copay for state prisoners seeking medical care, it was estimated the measure would generate $5.7 million in 2012 and help the cash-strapped state deal …
Article • February 4, 2015 • from PLN February, 2015
Dialing with Dollars: How County Jails Profit From Immigrant Detainees by Leticia Miranda Dialing with Dollars: How County Jails Profit From Immigrant Detainees County jails charge excessive rates for phone usage – a huge barrier for immigrant detainees fighting deportation. by Leticia Miranda Arali was at home with her three-year-old …
Article • February 4, 2015 • from PLN February, 2015
From the Editor by Paul Wright From the Editor by Paul Wright It has been said that freedom of the press is neither free nor cheap. On January 5, 2015, a trial commenced in the courtroom of U.S. District Court Judge Mark Walker in Tallahassee, Florida. Prison Legal News is …
Your Home Is Your Prison: How to Lock Down Your Neighborhood, Your Country, and You by Maya Schenwar Your Home Is Your Prison: How to Lock Down Your Neighborhood, Your Country, and You By Maya Schenwar On January 27th, domestic violence survivor Marissa Alexander will walk out of Florida's Duval …
Article • January 15, 2015
Oregon Prisoners Must Attach Evidence to Petition for Post Conviction Relief by Oregon Prisoners Must Attach Evidence to Petition for Post Conviction Relief On June 12, 2014, the En Banc Oregon Supreme Court held that a post-conviction relief (PCR) petitioner must attach an affidavit or other evidence supporting every element …
Article • January 15, 2015
Australia Imprisons Aboriginals Disproportionately by Australia Imprisons Aborigines Disproportionately The National Congress of Australia’s First Peoples has called for the federal government to increase its “Closing the Gap” goals. Closing the Gap currently aims to reduce the disproportionate overrepresentation of Aboriginal people in the criminal justice system by funding legal …
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