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Article • April 15, 2014 • from PLN April, 2014
No Discipline for Oregon Prosecutor and Defense Counsel for Illegal Confinement of Mentally Ill Defendant by Although the Oregon State Bar initially decided to pursue disciplinary charges against the district attorney for Washington County and a criminal defense attorney who represented a mentally ill defendant, for causing the defendant’s illegal …
Placing Rival Gang Members in Same Cell Not Per Se Unconstitutional by The Ninth Circuit Court of Appeals applied the harmless error test in finding that a district court’s late Rand summary judgment notice did not deprive a prisoner of substantial rights. Additionally, the appellate court held prison officials were …
Article • April 15, 2014 • from PLN April, 2014
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 …
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 …
Article • April 15, 2014 • from PLN April, 2014
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 …
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 …
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 …
Article • April 15, 2014 • from PLN April, 2014
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 …
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 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 …
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 …
Article • March 15, 2014 • from PLN March, 2014
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, …
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 …
Article • March 15, 2014 • from PLN March, 2014
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 …
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 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 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 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 …
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 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, …
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