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Article • March 15, 2014 • from PLN March, 2014
Kentucky Supreme Court: Probation Cannot be Extended for Sex Offender Treatment by The Supreme Court of Kentucky has held that a probationer’s period of probation cannot be extended to require completion of a sex offender treatment program. Elmer David Miller was originally charged with felony first-degree unlawful transaction with a …
Former Detainee Alleges Unconstitutional Conditions at Illinois Jail, Accepts $7,501 Judgment by On April 24, 2013, the Seventh Circuit Court of Appeals held that a former pretrial detainee at the Edgar County Jail (ECJ) in Illinois stated a claim concerning unconstitutional conditions of confinement at the facility. The appellate court …
Article • March 15, 2014 • from PLN March, 2014
Seventh Circuit Upholds FTCA Venue Transfer by The Seventh Circuit Court of Appeals has upheld the transfer of a former federal prisoner’s negligence action from Illinois to Kansas. Daniel Hudson relocated to Illinois following his release from a federal prison in Kansas. He filed a Federal Tort Claims Act (FTCA) …
Washington Jail Denied Good Time without Due Process; Rehearing Ordered by The Washington Court of Appeals held in an unpublished opinion that a prisoner was denied good time credits without adequate due process protections. Allen Michael Knoll was held in the Skagit County jail between March 2011 and August 30, …
Michigan Parole and Probation Supervision Scrutinized; Three Officials Fired by The failure to properly supervise parolees and probationers accused of committing high-profile murders has resulted in the firing of three Michigan Department of Corrections (MDOC) employees. The MDOC supervises around 20,000 parolees and 50,000 probationers. “Our parole/probation staff performs critical …
Violence, Security Lapses and Media Attention Lead to Reforms at Georgia Prison by David Reutter A series of investigative news reports by Chattanooga Times Free Press reporter Joy Lukachick, published from February to December 2013, revealed numerous problems in Georgia’s prison system – particularly at Hays State Prison (HSP), located …
Article • February 15, 2014 • from PLN February, 2014
Filed under: News, News in Brief
News in Brief by Alaska: Prisoners in the segregation unit at Spring Creek Correctional Center were not happy with an inspection order that required them to make their beds and clean their cells. On August 5, 2013, around 14 prisoners showed their displeasure by yelling, breaking porcelain sinks and toilets, …
Article • February 15, 2014 • from PLN February, 2014
From the Editor by Paul Wright In 2011, the Human Rights Defense Center – the parent organization of Prison Legal News – co-founded the national Campaign for Prison Phone Justice to eliminate the high costs of prison phone calls. We had success before the Federal Communications Commission, which voted in …
Article • February 15, 2014 • from PLN February, 2014
Filed under: Telephones, Telephone Rates
Prison Phone Justice Campaign: Recent Developments by PLN’s December 2013 cover story provided an updated look at the prison phone industry and examined a recent order by the Federal Communications Commission (FCC) that imposed rate caps on interstate (long distance) prison and jail phone calls. There have since been several …
Article • February 15, 2014 • from PLN February, 2014
Bankruptcy Injunction Covers Pre-petition Incarceration Costs, but Not Those that Accrue Afterwards by The Bankruptcy Appellate Panel for the Eighth Circuit held on February 5, 2013 that a Missouri bankruptcy court was correct in concluding prison officials did not violate a discharge injunction by collecting money from a prisoner’s account …
Article • February 15, 2014 • from PLN February, 2014
Ninth Circuit: 9-Year Detention Pending Civil Commitment Proceeding Warrants Habeas Relief by In March 2013, the Ninth Circuit Court of Appeals reversed a district court’s dismissal of a pro se habeas petitioner’s claim that his 9-year detention while waiting for the State of California to initiate civil commitment proceedings was …
Article • February 15, 2014 • from PLN February, 2014
Filed under: Civil Procedure, Appeals
What Are the Odds of Complete Reversal After Conviction in the Second Circuit? by Peter Schmidt by Richard Levitt and Peter Schmidt A potential client asks an attorney the odds of completely overturning his federal trial conviction on appeal. If the attorney is experienced in the ways of appellate advocacy …
The Effects of Private Prison Confinement in Minnesota on Offender Recidivism by The Minnesota Department of Corrections (DOC) recently completed an evaluation of the effects of private prison confinement on offender recidivism. The evaluation assessed the impact of confinement at the Prairie Correctional Facility (PCF) in Appleton, Minnesota on recidivism …
Rules Governing Lethal Injections Not Required under Georgia Law by The Georgia Supreme Court has held that the state’s Board of Corrections (BOC) is not statutorily required to promulgate rules governing lethal injections. The Court further held that neither the Georgia Department of Corrections (DOC) nor the Commissioner of Corrections …
Private Corrections Institute Issues First Annual Awards for Activism, Advocacy and Reporting on Private Prisons by On January 7, 2014, the Private Corrections Institute (PCI), a Florida-based non-profit citizen watchdog organization, issued its first annual awards for individual activism, organizational advocacy and excellence in news reporting related to the private …
Article • February 15, 2014 • from PLN February, 2014
Deliberate Indifference Medical Claim Accrues Upon Discovery of Injury and its Cause by The Seventh Circuit Court of Appeals has articulated a rule for determining when a prisoner’s claim of deliberate indifference to a serious medical need accrues. In so doing, the Court reversed an Indiana federal district court’s dismissal …
Criminal Background Checks Criticized for Incorrect Data, Racial Discrimination by Derek Gilna A July 2013 study by the National Employment Law Project (NELP) found that widespread errors in FBI arrest data – which is increasingly relied upon by employers conducting criminal background checks – has reached alarming proportions. According to …
Article • February 15, 2014 • from PLN February, 2014
Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity by The Tenth Circuit has affirmed the denial of qualified immunity to a warden in a civil rights action that alleged he created and allowed a policy or culture of sexual misconduct and failed to take reasonable measures to abate that …
Article • February 15, 2014 • from PLN February, 2014
Ninth Circuit Upholds Six-Day Contraband Watch Conditions by A divided panel of the Ninth Circuit Court of Appeals has held that California prison officials are entitled to qualified immunity on a prisoner’s claim that the conditions of a six-day contraband watch – which included 24-hour lighting, the absence of a …
Article • February 15, 2014 • from PLN February, 2014
Reflections on the No More Jails Campaign in Champaign County, Illinois by James Kilgore When we began our campaign to stop jail construction in Champaign County, Illinois in early 2012, I thought we were doomed. The grand plan to spend $20 million on this project seemed like a done deal. …
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