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GPS Monitoring System in Los Angeles Plagued by False Alerts, Ignored Alarms
Article • April 15, 2014 • from PLN April, 2014
Filed under: Electronic Monitoring, Parole, Probation
GPS Monitoring System in Los Angeles Plagued by False Alerts, Ignored Alarms by Christopher Zoukis Los Angeles County’s GPS monitoring system, designed to keep track of high-risk probationers, has overwhelmed probation officers with thousands of false alerts each day – so many that some officers simply ignore them. As a …
No Death Penalty for Maine Prisoner
Article • April 15, 2014 • from PLN April, 2014
Filed under: Death Penalty
No Death Penalty for Maine Prisoner by Lance Tapley In 2008, within a supposedly high-security prison in the giant federal correctional complex in Florence, Colorado, Gary Watland, a “boarder” from Maine, murdered another prisoner, white supremacist Mark Baker. After five and a half years – and after, probably, millions in …
Qualified Immunity Denied to Michigan Guard for Improper Strip Search of Amputee Prisoner
Article • April 15, 2014 • from PLN April, 2014
Filed under: Guard Misconduct, Strip Searches, Qualified Immunity
Qualified Immunity Denied to Michigan Guard for Improper Strip Search of Amputee Prisoner by The Sixth Circuit Court of Appeals affirmed the denial of qualified immunity to a Michigan prison guard who allegedly strip searched a prisoner without a legitimate penological reason for doing so. The appellate court also vacated …
The Redbook – A Manual on Legal Style
Article • April 15, 2014 • from PLN April, 2014
Filed under: Reviews
The Redbook – A Manual on Legal Style by John Dannenberg by Bryan Garner (Thomson West, 2nd Ed., 2006). 510 pages (spiral bound), $15.00. Book review by John E. Dannenberg The Redbook is a comprehensive reference manual that provides guidance with every facet of preparing legal documents. Reviewed by judges …
New York Prison Officials Can Force-Feed Hunger Striking Prisoner
Article • April 15, 2014 • from PLN April, 2014
Filed under: Hunger Strikes
New York Prison Officials Can Force-Feed Hunger Striking Prisoner by The New York Court of Appeals, the state’s highest court, held that a hunger striking prisoner’s rights were not violated by a judicial order allowing the state to feed him by nasogastric tube to preserve his life. The Court’s decision …
Court Awards $802,176 in Fees, Costs in PLN Censorship Suit Against Oregon County
Article • April 15, 2014 • from PLN April, 2014
Filed under: Attorney Fee Awards, PLN Litigation, Censorship
Court Awards $802,176 in Fees, Costs in PLN Censorship Suit Against Oregon County by In March 2014, a U.S. District Court ordered Columbia County, Oregon to pay $763,803.45 in attorney’s fees and $38,373.01 in costs in a lawsuit raising claims of illegal censorship at the Columbia County Jail. Prison Legal …
Oregon Appellate Court Declines to Correct Unpreserved Sentencing Error Related to Restitution
Article • April 15, 2014 • from PLN April, 2014
Filed under: Restitution
Oregon Appellate Court Declines to Correct Unpreserved Sentencing Error Related to Restitution by Mark Wilson In May 2013, the Oregon Court of Appeals agreed that a trial court had committed plain error when it recommended that a defendant pay restitution in an amount to be determined by the Board of …
Sexual Abuse by Oregon Jail Guard Nets Probation; Defense Attorney Blames Victim
Article • April 15, 2014 • from PLN April, 2014
Filed under: Staff-Prisoner Assault, Aramark, Staff-Staff Harassment, Contractor Misconduct, Guard Misconduct, Jail Misconduct
Sexual Abuse by Oregon Jail Guard Nets Probation; Defense Attorney Blames Victim by A former Oregon jail guard was sentenced to probation for sexually abusing a female prisoner after pleading guilty to a misdemeanor charge; his defense attorney blamed the incarcerated victim while the prosecutor defended the light sentence. The …
Eighth Circuit: Federal Sentence Consecutive to Later-Imposed State Sentence
Article • April 15, 2014 • from PLN April, 2014
Filed under: Sentencing
Eighth Circuit: Federal Sentence Consecutive to Later-Imposed State Sentence by Mark Wilson On June 6, 2013, the Eighth Circuit Court of Appeals held that a prisoner was not entitled to credit toward his federal sentence for time already served on state charges. In March 2007, Charles Lee Elwell was arrested …
Online Gaming Accounts of New York Registered Sex Offenders Restricted or Closed
Article • March 15, 2014 • from PLN March, 2014
Filed under: Discrimination, Sex Offenders (Discrimination)
Online Gaming Accounts of New York Registered Sex Offenders Restricted or Closed by According to New York Attorney General Eric T. Scheiderman, around 5,600 online gaming accounts belonging to sex offenders registered with the State of New York have been restricted or canceled. Gaming companies Microsoft, Sony, Blizzard, Electronic Arts, …
PLRA Does Not Permit Waiver of Court-ordered Answer
Article • March 15, 2014 • from PLN March, 2014
Filed under: Civil Procedure, Complaints
PLRA Does Not Permit Waiver of Court-ordered Answer by An Illinois federal district court has condemned a practice employed by the Illinois Attorney General when representing defendants in lawsuits brought by prisoners. The district court concluded that a motion for leave to waive an answer is unnecessary, and that the …
New Hampshire Prisoners Suspected of Breaching Prison Computer System
Article • March 15, 2014 • from PLN March, 2014
Filed under: Prisoner Privileges, Computers
New Hampshire Prisoners Suspected of Breaching Prison Computer System by New Hampshire officials are investigating a suspected “breach” of the Department of Corrections (DOC) computer system at the State Prison for Men in Concord. The investigation began when a staff member noticed a cable linking a computer used by prisoners …
Businesses, Members of Congress Not Happy with UNICOR
Article • March 15, 2014 • from PLN March, 2014
Filed under: Work, Prison Industries
Businesses, Members of Congress Not Happy with UNICOR by Derek Gilna When a powerful U.S. Senator takes interest in an issue, even a bureaucratic government agency like the Bureau of Prisons (BOP) pays attention. Kurt Wilson, an executive with American Apparel, Inc., an Alabama company that makes military uniforms, and …
Ninth Circuit Holds Staff Sexual Abuse Presumed Coercive; State Bears Burden of Rebutting Presumption
Article • March 15, 2014 • from PLN March, 2014
Filed under: Staff-Prisoner Assault, Staff-Prisoner Harassment, Guard Misconduct, Retaliation, Retaliation for Litigating, Pat Searches
Ninth Circuit Holds Staff Sexual Abuse Presumed Coercive; State Bears Burden of Rebutting Presumption by The Ninth Circuit Court of Appeals has held that a district court erred when finding a prisoner could not state an Eighth Amendment sex abuse claim because he “consented” to a relationship with a prison …
Lawsuits filed over Oregon Jail Death
Article • March 15, 2014 • from PLN March, 2014
Filed under: Guard Misconduct, Medical Misconduct, Medical, Injury -- Misc., Failure to Protect (Wrongful Death)
Lawsuits filed over Oregon Jail Death by The mother of a deceased prisoner has sued jail and hospital officials over the death of her son at the Marion County Jail (MCJ) in Salem, Oregon. On June 14, 2010, Robert Haws was arrested for several criminal offenses and a probation violation, …
Corizon Needs a Checkup: Problems with Privatized Correctional Healthcare
Article • March 15, 2014 • from PLN March, 2014
Filed under: Private Prisons, GEO Group/Wackenhut, CMS, Prison Health Services, Wexford Health Services, Medical Misconduct, Medication, Systemic Medical Neglect, Private Contractors, Misdiagnosis, Medical Neglect/Malpractice
Corizon Needs a Checkup: Problems with Privatized Correctional Healthcare by Greg Dober Corizon, the nation’s largest for-profit medical services provider for prisons, jails and other detention facilities, was formed in June 2011 through the merger of Prison Health Services (PHS) and Correctional Medical Services (CMS). In April 2013, the debt-rating …
News in Brief
Article • March 15, 2014 • from PLN March, 2014
Filed under: News, News in Brief
News in Brief by Arizona: Two prisoners at the Yavapai County Jail have been sentenced for their involvement in a fraudulent tax refund scheme. James Borboa pleaded guilty and on September 8, 2013 received an additional term of 18.5 years in prison for using other prisoners’ IDs to file tax …
Florida County Agrees to Pay $4 Million to Deceased Prisoner’s Estate
Article • March 15, 2014 • from PLN March, 2014
Filed under: Prison Health Services, Eighth Amendment, Excessive Force, Pepper Spray/Tear Gas, Restraints, Medical Neglect/Malpractice
Florida County Agrees to Pay $4 Million to Deceased Prisoner’s Estate by Derek Gilna Nicholas T. Christie, incarcerated at the Lee County jail in Ft. Myers, Florida, died on March 31, 2009 after being repeatedly pepper sprayed by deputies while strapped to a restraint chair. Following three years of litigation, …
Seventh Circuit Upholds Removal of Prisoner’s Dreadlocks
Article • March 15, 2014 • from PLN March, 2014
Filed under: Religious Freedom, Religious Grooming
Seventh Circuit Upholds Removal of Prisoner’s Dreadlocks by The Seventh Circuit Court of Appeals has held that an Illinois prisoner’s religious rights were not violated when prison officials required him to cut off his dreadlocks to be transported to a court hearing. Peter A. Lewis, incarcerated at the Dixon Correctional …
From the Editor
Article • March 15, 2014 • from PLN March, 2014
Filed under: Commentary/Reviews, Editorials
From the Editor by Paul Wright This month’s cover story on Corizon, the company formed by the merger of Prison Health Services and Correctional Medical Services, is our most recent reporting on an issue that has been ongoing for the past several decades. Namely, the prison HMO model whereby corrections …
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