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Sending State Must Provide Transferred Prisoner Legal Assistance by The First Circuit Court of Appeals held that prisoners transferred from the State of Maine to a Leavenworth, Kansas prison are entitled to receive legal assistance from Maine. After being transferred from Maine State Prison to a federal prison in Leavenworth …
$4.1 Million Settlement Approved in Deadly Ohio Riot Litigation by An Ohio Federal District Court approved a settlement agreement and awarded attorney fees and costs from a common fund in litigation in the third- deadliest prison riot in recent United States history, during which nine prisoners and one guard were …
Absent Conflict, Magistrate May Determine Prisoner Placement During Litigation by Absent Conflict, Magistrate May Determine Prisoner Placement During Litigation The U.S. Court of Appeals for the Seventh Circuit ruled that a federal prisoner could be held in a particular prison upon order of a U.S. magistrate. Prisoners involved in actions …
Article • May 15, 2007
No Disclosure of Federal Prisoners Held in Illinois Jail by A federal district court in Illinois held that the Illinois Freedom of Information Act did not allow the disclosure of the names of federal prisoners held in the DeWitt county jail in Illinois. A reporter from The Pantagraph, a local …
Article • May 15, 2007
IAD Not Violated; "Law of the Case" Controls by IAD Not Violated; "Law of the Case" Controls The U.S. Sixth Circuit Court of Appeals held that a prisoner's incarceration in a county jail on parole violations while also awaiting trial on federal charges was not a "term of imprisonment" under …
Article • May 15, 2007
Nevada: Prisoners Eligible for Out-Of-State Jail Time by The Nevada Supreme Court held that a state prisoner was "entitled to credit for time served in presentence confinement in another jurisdiction when that confinement was solely pursuant to the charges for which he was ultimately convicted." Joshua I. Nieto was arrested …
WICC Not Federal Law by In a case filed by New Mexico prisoners transferred to Washington, a Washington federal district court has held that the Western Interstate Corrections Compact (WICC) does not confer federal rights on prisoners, which are enforceable via 42 U.S. C. §1983. The Court made this holding …
PLRA Exhaustion-of-Remedies Requirement Applies to Private Prison by by Matthew T. Clarke On September 8, 2004 the Sixth Circuit Court of Appeals held that prisoners incarcerated in a private prison must first exhaust the prison's administrative remedies before bringing suit under 42 U.S.C. § 1983 challenging unconstitutional prison conditions. Louis …
Court Enjoins Transfer of BOP Prisoners to Virginia DOC under RFRA by The plaintiff District of Columbia prisoners (two Sunni Muslims and a Rastafarian who had taken the Vow of the Nazarite) alleged that their placement by the federal Bureau of Prisons in Virginia prisons, which forbid beards and long …
Article • May 15, 2007
Transfer of Hawaii Prisoners to CCA Prison in Oklahoma Upheld by The petitioners convicted in Hawai'i, were transferred to a private prison in Oklahoma, which was then bought by Oklahoma for operation as a state-owned prison. Their due process claim is foreclosed by Olim v. Wakinekona; notwithstanding various factual distinctions …
Religious Retaliatory Transfers Unconstitutional by The court of appeals for the Ninth circuit held that Alaska prisoners did not state a claim for relief that they were involuntarily transferred to out of state prisons. This occurred at a time when Alaska had no state prisons of its own, therefore felons …
Transferred Prisoners Entitled to Sending States Good Time Credits and Benefits by The court of appeals for the Eighth circuit held that an Arkansas prisoner transferred to Florida under the Interstate Corrections Compact was entitled to all good time credits and other benefits he would have received had he remained …
Prisoner Ordered Transferred to Escape Warden's Death Threats by The court of appeals for the Eighth circuit ruled that a notorious Arkansas prisoner's life was in danger after the prison warden threatened to kill him. The court ordered the prisoner's transfer to a state or federal prison outside of Arkansas …
Article • May 15, 2007
WA DOC Must Award Good Time for Out-Of-State Time Served Concurrently With WA Sentences by WA DOC Must Award Good Time for Out-Of-State Time Served Concurrently With WA Sentences The Washington Court of Appeals for Division 3 (Div. 3) has ruled that the state Department of Corrections (WDOC) must award …
Article • May 15, 2007
Heck Does Not Bar Damage Suit Alleging Violation of Extradition Procedures by The Eleventh Circuit Court of Appeals held a 42 U.S.C. section 1983 suit seeking damages and declatory relief for the violation of a state prisoner's federally protected extradition rights was not barred by Heck v. Humphrey, 512 U.S. …
WI Release Fund Can Be Used to Pay Filing Fee by A federal district court in Wisconsin held that a Wisconsin state prisoner transferred to a private prison in Tennessee cannot have funds from his release account transferred to his general trust account. The release account is created under a …
Article • May 15, 2007
Wisconsin: PLRA Does Not Apply to Out of State Prisoners by A Wisconsin appellate court held that a Wisconsin prisoner held at a private out-of-state prison or jail is not a "prisoner" as defined by Wisconsin's Prison Litigation Reform Act (PLRA). First, the court determined that the definition of "correctional …
No Liberty Interest in Interstate Prison Transfer by A Hawaii prisoner filed suit after being moved from a Hawaii prison to one in California. After a "program committee" labeled him a troublemaker, the prisoner was notified of an impending hearing and he retained counsel. The committee recommended after the hearing …
Article • May 15, 2007
New York Prisoners Get Credit for Jail Time Spent in Other States by In 1989, Donald Guido was arrested on charges in Florida. New York State promptly lodged a warrant against him on pending New York charges. He spent 411 days in Florida jails before the Florida charges were dismissed. …
Article • April 15, 2007 • from PLN April, 2007
Alabama Transfers Prisoners to Louisiana Rather Than Use In-State Prison by Gary Hunter Overcrowded prisons in Alabama almost landed state prison commissioner Richard Allen in jail. Under current state law the DOC has thirty days to pick up prisoners from county jails once they?ve been convicted. But the prison population …
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