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Article • July 11, 2014 • from PLN July, 2014
New York Prisoner Awarded Sanctions for Spoliation of Evidence; Case Settles for $500,000 by Mark Wilson New York Prisoner Awarded Sanctions for Spoliation of Evidence; Case Settles for $500,000 by Mark Wilson On September 4, 2013, a New York federal district court held that a jail official was precluded from …
Article • July 11, 2014 • from PLN July, 2014
Judge May Resolve Exhaustion Issue; No Policy on Grievance Non-decisions Means Remedies Unavailable by David Reutter Judge May Resolve Exhaustion Issue; No Policy on Grievance Non-decisions Means Remedies Unavailable by David Reutter The Third Circuit Court of Appeals held on August 26, 2013 that a judge may resolve factual disputes …
Article • July 11, 2014 • from PLN July, 2014
Seventh Circuit Reverses Summary Judgment in Dental Care Suit by David Reutter Seventh Circuit Reverses Summary Judgment in Dental Care Suit by David M. Reutter On July 19, 2013, the Seventh Circuit Court of Appeals reversed a grant of summary judgment to three defendants, holding there was sufficient evidence for …
Prison Officials Liable for Private Employer ADA Violations by Mark Wilson Prison Officials Liable for Private Employer ADA Violations by Mark Wilson The Ninth Circuit Court of Appeals held last September that prison officials are liable for violations of the Americans with Disabilities Act (ADA) committed by private employer contractors. …
Article • July 9, 2014 • from PLN July, 2014
Habeas Petitioner Cannot Avoid Payment of Appellate Filing Fees by Michael Brodheim Habeas Petitioner Cannot Avoid Payment of Appellate Filing Fees by Michael Brodheim The Seventh Circuit Court of Appeals has held that a prisoner seeking collateral relief cannot avoid paying appellate filing fees. Following a murder conviction, Indiana prisoner …
Article • July 9, 2014 • from PLN July, 2014
Oregon Victim’s Right to Restitution Survives Prosecutor’s Statutory Violation by Mark Wilson Oregon Victim’s Right to Restitution Survives Prosecutor’s Statutory Violation by Mark Wilson The Oregon Court of Appeals held that a prosecutor’s failure to comply with state restitution laws did not deprive a trial court of authority to impose …
Article • July 9, 2014 • from PLN July, 2014
England, Increasing Number of States Allow Same-Sex Prisoner Marriages or Civil Unions by England, Increasing Number of States Allow Same-Sex Prisoner Marriages or Civil Unions Prisoners in England, including those in the highest security classification, are being allowed to enter into same-sex civil partnerships due to a policy change that …
Article • July 9, 2014 • from PLN July, 2014
Illinois $50 State’s Attorney Fee Applies Only to Habeas Proceedings by Mark Wilson Illinois $50 State’s Attorney Fee Applies Only to Habeas Proceedings by Mark Wilson The Illinois Supreme Court held in September 2013 that a $50 State’s Attorney fee authorized in habeas corpus cases does not apply to non-habeas …
Article • July 9, 2014 • from PLN July, 2014
Flimsy Reasons for Prolonged, Frequent Lockdowns State Eighth Amendment Claim by David Reutter Flimsy Reasons for Prolonged, Frequent Lockdowns State Eighth Amendment Claim by David Reutter The Seventh Circuit Court of Appeals has held that an Illinois prisoner’s complaint that frequent lockdowns for substantial periods of time deprived him of …
Article • July 9, 2014 • from PLN July, 2014
Filed under: Grievances
BOP Grievance System Contributes to “Compliance or Defiance” by Prisoners by Derek Gilna BOP Grievance System Contributes to “Compliance or Defiance” by Prisoners by Derek Gilna A 2013 study found that the grievance system utilized by the federal Bureau of Prisons (BOP) appears to have become an important tool to …
Article • July 9, 2014 • from PLN July, 2014
New York Jail Guard Sentenced for Sexually Abusing Seven Prisoners by New York Jail Guard Sentenced for Sexually Abusing Seven Prisoners A former guard at the Monroe County Correctional Facility in Rochester, New York received six months in jail plus 10 years’ probation and was required to register as a …
Article • July 9, 2014 • from PLN July, 2014
Brady Violations Result in Habeas Relief for Pennsylvania Death Row Prisoner by David Reutter Brady Violations Result in Habeas Relief for Pennsylvania Death Row Prisoner by David Reutter To correct a “grave miscarriage of justice,” Pennsylvania U.S. District Court Judge Anita Brody granted a writ of habeas corpus to a …
Article • July 9, 2014 • from PLN July, 2014
Kentucky Prisoner’s Due Process Rights Violated in Disciplinary Hearing by Robert Warlick Kentucky Prisoner’s Due Process Rights Violated in Disciplinary Hearing by Robert Warlick On August 29, 2013, the Kentucky Supreme Court affirmed an appellate decision that found an Adjustment Committee (AC) in a prison disciplinary proceeding had violated a …
Article • July 9, 2014 • from PLN July, 2014
Jury’s Tasteless Gag Gifts to Judge and Bailiff Fail to Demonstrate Unfair Trial by Jury’s Tasteless Gag Gifts to Judge and Bailiff Fail to Demonstrate Unfair Trial The Eleventh Circuit Court of Appeals has affirmed the denial of a death row prisoner’s habeas corpus petition that contended he was denied …
Article • July 9, 2014 • from PLN July, 2014
Prison Industries in India Compete in Open Market by Prison Industries in India Compete in Open Market The government of the Indian state of Tamil Nadu is expanding a program that allows prison industries to compete in the open marketplace under the ironic brand name “Freedom.” Prison industry programs already …
Article • July 9, 2014 • from PLN July, 2014
Filed under: Visitor Searches, Visiting
Visitors Fingerprinted at Alabama Prisons by Visitors Fingerprinted at Alabama Prisons Alabama’s prison system is the first – and currently only – in the nation to require visitors to be fingerprinted. In late 2012, the Alabama Department of Corrections (ADOC) implemented the new policy due to what officials claimed was …
Two Murders in Seven Months at CCA-run Prison in Tennessee by Two Murders in Seven Months at CCA-run Prison in Tennessee On May 23, 2014, the Medical Examiner’s Office in Nashville completed an autopsy report on Tennessee state prisoner Jeffery Sills, 43, who was murdered at the South Central Correctional …
Article • July 9, 2014 • from PLN July, 2014
Decline in Arrests of Los Angeles County Probation Officers by Decline in Arrests of Los Angeles County Probation Officers The Los Angeles County Probation Office has cited tougher self-policing and stricter hiring standards for a dramatic decrease in the number of employees arrested for driving under the influence and various …
Article • July 9, 2014 • from PLN July, 2014
Filed under: Telephone Rates
Louisiana Public Service Commission Considers Prison Phone Issues by Louisiana Public Service Commission Considers Prison Phone Issues The Advocate reported in March 2014 that tensions were high between Louisiana Public Service Commission (PSC) Chairman Eric Skrmetta and PSC Commissioner Foster Campbell during a hearing on issues related to prison and …
Article • July 9, 2014 • from PLN July, 2014
Ninth Circuit: Damages Required for Compelled Religious-Based Treatment by Mark Wilson Ninth Circuit: Damages Required for Compelled Religious-Based Treatment by Mark Wilson The Ninth Circuit Court of Appeals has held that damages are required, as a matter of law, when a parolee is incarcerated for objecting to compelled participation in …
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