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Federal Court Grants Class Certification to Disabled Washington Prisoners by On August 10, 2007, the U.S. District Court for the Western District of Washington granted class certification to a group of disabled prisoners who were not allowed to participate in work release programs due to their disabilities. Plaintiff Rickey Peralez …
Article • December 15, 2007
Tennessee Prisoners Have No Right to Specific Classification, Only the Determination Thereof by Tennessee State prisoner Davalon Higgins applied for work release at Middle Tennessee Correctional Center Annex (MTCC) in 2003 and was denied because his record indicated he was a member of a Security Threat Group (STG). His complaint …
Denying Work Release to HIV Positive Amputee May Violate ADA by The plaintiff alleged that he was denied access to shock incarceration because he is an HIV-positive amputee, and was also repeatedly denied work release. He also claimed that he was deprived of his personal wheelchair, after having it in …
Article • December 15, 2007
Ohio Probation Violator Entitled to Credit for Time Served in Halfway House by The Ohio Court of Appeals held that after a convicted prison guard violated his probation, he was nonetheless entitled to credit for time served earlier in a halfway house, since it amounted to "confinement." Guard Richard Holda …
Overcrowded Washington DOC’s Solution: Ship ’Em Out of State by David Reutter Overcrowded Washington DOC's Solution: Ship ?Em Out of State by David M. Reutter Overcrowding is pinching the Washington Department of Corrections (WDOC). To alleviate that problem, the department ordered less than 100 community supervision violators released without a …
False Positive - Phoenix New Times article on retaliation at Sheriff Arpaio's jail by Robert Nelson False Positive Is Joe Arpaio up to his same old dirty tricks? This time, a man's life may be at stake. By Robert Nelson Published: February 19, 2004 Jim Cozzolino wasn't afraid of serving …
Article • October 15, 2007 • from PLN October, 2007
BOP May Not Foreclose Transfer to Community Corrections Center Based on Length of Remaining Sentence by John Dannenberg The Second Circuit U.S. Court of Appeals has held that federal Bureau of Prisons (BOP) prisoners seeking transfers to community correctional centers (CCC) before reaching a point when they have the greater …
Arkansas Ups Work-Release Fees to Pay for Guard-Drivers by On October 27, 2006, the Arkansas Board of Corrections unanimously voted to increase the daily fees charged prisoners participating in the work-release program from $15 to $17. The increase is to be used to pay for guards to drive the prisoners …
Tennessee DOC’s Double Standard by G.A. Bowers Tennessee DOC's Double Standard by Greg Bowers The Tennessee Department of Correction (TDOC) applies a double standard to ethical violations committed by its employees and those committed by prisoners. TDOC staff who commit ethical violations are typically reassigned. Even when fired, they have …
Article • July 15, 2007 • from PLN July, 2007
Governor’s Task Force Recommends Changes in Florida’s Prison System Mission by Governor's Task Force Recommends Changes in Florida's Prison System Mission Recognizing that 90% of all Florida prisoners will eventually be released into society, former Governor Jeb Bush commissioned the Ex-Offender Task Force (Task Force) on February 7, 2005 to …
Article • June 15, 2007 • from PLN June, 2007
Guards Convicted of Stealing, Bringing Drugs into Washington State Private Jail by Matthew Clarke by Matthew T. Clarke Security Specialists Plus (SSP) is a 60-employee firm operating out of Bellingham, Washington?s Irongate industrial area. It provides animal control services to unincorporated parts of Whatcom County, hires out private security guards, …
Washington DOC Pays $2,500 to Settle Disabled Discrimination Suit by Bart Blackburn, a prisoner confined at Washington State Penitentiary, was paid $2,500 in 1999 by the Washington Department of Corrections. Blackburn, a disabled person with bi-polar disabilities and a hearing impairment was denied access to transfer to a lesser custody. …
Article • May 15, 2007
Sex Offenders Can Be Excluded From Work Release Program by The U.S. Court of Appeals for the Eighth Circuit held that an Arkansas prisoner's Fourteenth Amendment rights to due process and equal protection were not violated by state officials' refusal to allow him to participate in a work/study program for …
Article • May 15, 2007
New York: Liberty Interest in Work Release by The New York Supreme Court, New York County, held that a prisoner's removal from a work release program without allowing him to participate in the hearing violated due process. While on work release, state prisoner Simon Anderson submitted a urinalysis that allegedly …
NY Prisoner Entitled to Hearing Before Temporary Release Committee by The Supreme Court, New York County, held that the removal of a prisoner from a work release program without a hearing deprived him of a protected liberty interest. Simon Anderson was participating in the Lincoln Correctional Facility Work Release Program …
Daughters Of Woman Killed By Furloughed Indiana Prisoner Settle For $900,000 by Two daughters who witnessed their mother's murder by a furloughed Indiana prisoner settled their claim against the state for $900,000. The woman's attacker, her ex-husband, had been imprisoned by the state for crimes against her and the couple's …
$24,000 Paid in WA Disability Termination Suit by Thomas J. Miller, a visually impaired individually applied for, was interviewed, and hired by Second Chance, a non-profit organization that is a Washington DOC Contractor, to be an on-call supervisor. Bruce Kuennan, Second Chance Director, told Miller that the Washington DOC would …
Article • May 15, 2007
Oklahoma Prisoner's Federal Civil Rights Complaint For Alleged Rapes Denied by Oklahoma state prisoner Pamela Smith filed a Federal civil rights complaint against former Oklahoma Department of Public Safety ("ODPS") employee Don Cochran, claiming violations of her Fourth, Fifth, Eighth, and Fourteenth Amendment rights for repeatedly being raped by Cochran …
$1,500,000 Verdict in Half-Way Houses' Failure to Warn by After he was released from a Florida prison, Elmer Leon Carroll went to live at The Lighthouse Mission of Orlando. Carroll had a history of rape and had been in prison for nine of the 15 years prior to committing the …
ADA Suit by Alcoholic Work Release Residents Dismissed by Residents of a halfway house for alcoholics were disabled for purposes of the disability statutes, since alcoholism is a recognized disability and since the halfway house only admitted persons who inter alia were determined to be unable to abstain without continued …
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