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Article • April 15, 2014 • from PLN April, 2014
Arkansas Suing Prisoners for Incarceration Costs by Arkansas officials are suing prisoners under the State Prison Inmate Care and Custody Reimbursement Act (Act), seeking reimbursement for the costs of their incarceration by obtaining court orders and seizing money from their prison trust accounts. For example, a state court entered an …
Article • April 15, 2014 • from PLN April, 2014
Texas: False Arrest and Malicious Prosecution Result in $411,865.18 Recovery by A Texas probationer subjected to false arrest and malicious prosecution has been awarded $169,000 in damages plus attorneys’ fees and costs. Thomas Hannon, 37, unemployed and on probation, had an outstanding arrest warrant for probation revocation. Dallas police knew …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Appeals, Booking Fees
California Supreme Court: Challenge to Booking Fee Order Forfeited Due to Failure to Object in Trial Court by On April 22, 2013, the Supreme Court of California, resolving a conflict among lower state courts, held that a defendant who fails to contest a jail booking fee order when it is …
Risk Assessment Cannot Solve Systemic Injustice of Prisons by Glenn E. Martin by Glenn E.Martin, Truthout After 40 years of waging a failed war on crime in poor communities, conservative and progressive policy makers finally are being compelled to release the pressure valve and find ways to reform our troubled criminal …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Transplants
Prisoner Organ Transplants, Donations Create Controversy by Prison officials in several states are mulling over two sides of the same coin with respect to organ transplants for prisoners: first, the eligibility and cost of such medical procedures, and second, whether prisoners should be allowed to donate their organs. Prisoners in …
Study: TASER Shocks May Cause Fatal Heart Attacks by Matthew Clarke by Matt Clarke A study involving eight people who lost consciousness immediately after being shocked by a TASER X26 – the most common electronic control device (ECD) used by police, corrections agencies and the military – concluded that ECD …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Statistics/Trends
Mass Incarceration: The Whole Pie by Peter Wagner A Prison Policy Initiative briefing by Peter Wagner and Leah Sakala Wait, does the United States have 1.4 million or more than 2 million people in prison? And do the 688,000 people released every year include those getting out of local jails? …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Fathers in Prison
New York Prisoner Secures Court Order for Visitation with Child by The New York Court of Appeals upheld a lower court’s ruling that granted an incarcerated father visitation rights with his three-year-old child. The Court held the lower court had properly applied a legal standard that presumes in favor of …
Article • April 15, 2014 • from PLN April, 2014
Texas Court Holds CCA is a Governmental Body for Purposes of Public Records Law by On March 19, 2014, a state district court in Travis County, Texas held that Corrections Corporation of America (CCA), the nation’s largest for-profit prison company, is considered a “governmental body” for purposes of the state’s …
Article • April 15, 2014 • from PLN April, 2014
Ohio: Attorney General May Not Increase Sex Offender’s Registration Requirements by In April 2013, an Ohio appellate court ruled that a sex offender, who was required by virtue of a California conviction to register his address annually for ten years, could not subsequently be indicted, after moving to Ohio and …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Allergy, Food
The Inadequacy of Prison Food Allergy Policies by Jamie Longazel by Jamie Longazel and Rachel Archer Michael Saffioti was arrested on a misdemeanor marijuana charge and held at the Snohomish County Jail (SCJ) in Washington State. On the morning of July 2, 2012, he arrived at the center of his …
Article • April 15, 2014 • from PLN April, 2014
Kitchen Supervisor Gets Prison Time for Sexually Abusing Two Prisoners by A civilian prison employee’s sexual abuse of two prisoners at a federal facility in Phoenix, Arizona was made public after an FBI surveillance camera captured the lascivious details of their ménage à trois. According to a rather explicit criminal …
$15.5 Million Settlement for Mentally Ill Jail Detainee Held in Solitary Confinement by A mentally ill detainee who was placed in solitary confinement in a New Mexico county jail for nearly two years, without adequate medical or mental health care, accepted a $15.5 million settlement for violations of his civil …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Sentencing
U.S. Supreme Court: District Courts Can Make Federal Sentences Consecutive or Concurrent to Future State Sentences by On March 28, 2012, the U.S. Supreme Court held that a federal district court may impose a federal prison term that is consecutive to an anticipated future state court sentence. In February 2014, …
Lowering Recidivism through Family Communication by Alex Friedmann There are currently 2.2 million people held in prisons and jails in the United States,1 and an estimated 95% of prisoners currently in custody will one day be released. Based on 2012 data, around 637,400 people are released annually from state and …
Article • April 15, 2014 • from PLN April, 2014
Iowa: Parole Agreement Does Not Constitute Voluntary Consent that Justifies Warrantless Search by Last year the Supreme Court of Iowa reversed a parolee’s conviction on drug charges, holding that his acceptance of a search condition in a parole agreement did not constitute voluntary consent, and therefore a warrantless, suspicionless search …
Article • April 15, 2014 • from PLN April, 2014
Colorado Prisoner who Murdered Guard Gets Life Without Parole by Last month, Prison Legal News reported that the parents of a slain Colorado prison guard did not want the prisoner who murdered him to face the death penalty. Edward Montour, who beat Lima Correctional Facility guard Eric Autobee to death …
Article • April 15, 2014 • from PLN April, 2014
Update on Missouri Incarceration Reimbursement Act Case by Prison Legal News previously reported a decision by the Bankruptcy Appellate Panel for the Eighth Circuit, which held that a Missouri bankruptcy court was correct in concluding that state prison officials did not violate a discharge injunction by collecting money from a …
Article • April 15, 2014 • from PLN April, 2014
No Discipline for Oregon Prosecutor and Defense Counsel for Illegal Confinement of Mentally Ill Defendant by Although the Oregon State Bar initially decided to pursue disciplinary charges against the district attorney for Washington County and a criminal defense attorney who represented a mentally ill defendant, for causing the defendant’s illegal …
Placing Rival Gang Members in Same Cell Not Per Se Unconstitutional by The Ninth Circuit Court of Appeals applied the harmless error test in finding that a district court’s late Rand summary judgment notice did not deprive a prisoner of substantial rights. Additionally, the appellate court held prison officials were …
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