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Article • August 15, 2013 • from PLN August, 2013
Fifth Circuit Upholds Dismissal of PLN's Censorship Suit Against TDCJ by Matthew Clarke by Matt Clarke In a rare litigation loss for Prison Legal News, the Fifth Circuit Court of Appeals upheld the dismissal of a lawsuit challenging the Texas Department of Criminal Justice's (TDCJ) censorship of books distributed by …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Civil Procedure, Venue
Trial Held in Texas Prison Courtroom Not Open to the Public by The Texas Court of Criminal Appeals has ruled that a plea hearing in a criminal case held in a prison chapel was not open to the public, and thus violated the defendant's Sixth Amendment rights. Conrad Lilly, a …
Article • August 15, 2013 • from PLN August, 2013
Supreme Court Upholds DNA Collection as Part of Jail Booking Procedures by J.R. Bloom The U.S. Supreme Court has paved the way for DNA collection and analysis to become as routine a part of the jail booking process as fingerprinting and mug shots. In 2009, Maryland police arrested Alonzo King …
Article • August 15, 2013 • from PLN August, 2013
Filed under: News
Millions in Security Equipment Wasted at Rikers Island by When officials at New York City's Rikers Island jail complex closed the facility's harbor and bike patrol units, and gutted staff in emergency services and firefighting units, they were trying to deal with budget cuts. Yet insiders said the move resulted …
Qualified Immunity Denied to Nurses who Ignored Prisoner's Symptoms of Active TB; $2.28 Million in Damages, Fees and Costs on Remand by The Eighth Circuit Court of Appeals held on July 12, 2012 that a former prisoner had presented sufficient evidence against three nurses to overcome qualified immunity in a …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Sentencing, Parole
New Tennessee Parole Board Members have Apparent Bias Against Granting Parole by Alex Friedmann Tennessee Board of Parole Chairman Charles Traughber, who had served almost four decades on the Board and had a reputation for ruling it with an iron hand, retired in June 2013. To fill Traughber's vacant position, …
Article • August 15, 2013 • from PLN August, 2013
Filed under: News
HRDC Receives First Amendment Award by On July 25, 2013, the Society of Professional Journalists (SPJ), a national organization dedicated to encouraging the free practice of journalism, upholding high standards of ethics in that field and protecting First Amendment guarantees of freedom of speech and the press, announced the Human …
No Justice: Sex Offenses, No Matter How Minor or Understandable, Can Ruin You for Life by Charlotte Silver Why do we treat the most predatory and dangerous criminals the same as those who are not? by Charlotte Silver The collection of laws and restrictions that regulate people categorized as "sex …
Article • August 15, 2013 • from PLN August, 2013
Filed under: News
California Jail Installs New Microgrid to Cut Energy Costs by Derek Gilna California Jail Installs New Microgrid to Cut Energy Costs by Derek Gilna The Santa Rita Jail in Alameda County, California has installed an $11.7 million "microgrid" system to help power the 4,000-bed facility, which is the fifth-largest jail …
Article • August 15, 2013 • from PLN August, 2013
Genetic and DNA Evidence: The Emperor Has No Clothes by Ernest P. Chiodo by Ernest P. Chiodo, M.D., J.D., M.P.H., M.S., M.B.A., C.I.H. Genetic evidence in the form of DNA profiles has proven to be a powerful tool in the advance of justice by proving the innocence of accused persons. …
Article • August 15, 2013 • from PLN August, 2013
Third Circuit: Requiring Admission of Guilt to Participate in Mandatory-for-Parole SOTP Not a Fifth Amendment Violation by Matthew Clarke by Matt Clarke The Third Circuit Court of Appeals has held that requiring an admission of guilt to participate in an in-prison sex offender treatment program (SOTP) did not violate the …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Private Prisons
Montana Town Gives up on Failed Jail Venture by Two Rivers Authority in Hardin, Montana has decided to throw in the towel on a 464-bed jail the city built with hopes of renting out its cells. Rather than spur economic development, the facility has been an economic disaster. The 92,273-square-foot …
Seventh Circuit Remands Illinois Prisoner's Hernia Case for New Trial by The Seventh Circuit Court of Appeals held on August 10, 2012 that a district court's jury instructions concerning deliberate indifference in a prisoner's lawsuit were misleading and prejudicial, and therefore required a new trial. In November 2004, Illinois River …
Article • August 15, 2013 • from PLN August, 2013
"Mere Possession" of a Prison Shank Constitutes a "Crime of Violence" by Derek Gilna "Mere Possession" of a Prison Shank Constitutes a "Crime of Violence" by Derek Gilna In 2010, federal prisoner Jermaine Mobley was sentenced to 37 months by the U.S. District Court for the Eastern District of North …
Article • August 15, 2013 • from PLN August, 2013
Seventh Circuit Remands Case Concerning Treatment of Prisoner's Hemorrhoids by On July 23, 2012, after expediting a prisoner's appeal, the Seventh Circuit Court of Appeals ordered the district court to likewise act promptly following remand. The appellate court said such action was necessary because the plaintiff was experiencing "excruciating pain" …
Suicides at CCA-run ICE Detention Center Spark Investigation by Derek Gilna Human rights organizations monitoring complaints regarding conditions of confinement for prisoners held in Immigration and Customs Enforcement (ICE) facilities were likely not surprised when they received news that two detainees had committed suicide at the Eloy Detention Center outside …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Sentencing, Parole
Longest-Serving Texas Prisoner Makes Parole; Other Long-term Prisoners Not so "Lucky" by Longest-Serving Texas Prisoner Makes Parole; Other Long-term Prisoners Not so "Lucky" Harvey Stewart, 83, first entered the Texas prison system in 1951 to serve a 10-year stint for robbing a junk yard. Paroled six years later, he returned …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Escapes, Sentencing
Louisiana Supreme Court Reverses Sentence for Escape, but Sentence Affirmed on Remand by The Louisiana Supreme Court reversed an appellate court that found excessive a sentence which was twice as long as the original sentence imposed prior to a successful appeal, but remanded the case for consideration of whether the …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Media
Blowup at KPFT Radio's "Prison Show" in Texas by Blowup at KPFT Radio's "Prison Show" in Texas David Babb, the host of Houston Pacifica Foundation radio station KPFT's well-known "Prison Show," resigned in protest of the station management's decision to prohibit him from having former radio talk show host Jon …
Article • August 15, 2013 • from PLN August, 2013
DC Circuit: Qualified Immunity for Retroactive U.S. Parole Commission Regulations by The Court of Appeals for the District of Columbia (DC) Circuit has affirmed a district court's grant of qualified immunity to U.S. Parole Commission officials related to the retroactive application of parole regulations. In 1993, Melvin Taylor was convicted …
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