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New Law Gives Parents Behind Bars in Washington State a Way to Hold onto Their Children by Victoria Law by Victoria Law, Truthout On May 8, 2013, Washington State governor Jay Inslee signed SHB1284, or the Children of Incarcerated Parents bill, into law. The law guides the courts' discretion to delay …
Article • June 15, 2013 • from PLN June, 2013
U.S. Supreme Court Reinstates BOP Prisoner's FTCA Suit by J.R. Bloom On March 27, 2013, the U.S. Supreme Court clarified that the scope of the Federal Tort Claims Act's waiver of sovereign immunity for certain intentional torts committed by federal law enforcement officials was not limited to executing searches, seizing …
Article • June 15, 2013 • from PLN June, 2013
Reprieved Oregon Prisoner Wages Legal Fight to be Executed by As previously reported in PLN, on November 22, 2011, Oregon Governor John Kitzhaber imposed a moratorium on the death penalty for the remainder of his term in office. In doing so he canceled the scheduled execution of Gary Haugen, 50, …
Article • June 15, 2013 • from PLN June, 2013
Eighth Circuit: Heck Bars False Imprisonment Claim by In an April 19, 2012 decision, the Eighth Circuit Court of Appeals agreed with a federal district court that Heck v. Humphrey, 512 U.S. 477 (1994) [PLN, Sept. 1994, p.12] barred a Minnesota prisoner's claim that prison officials unlawfully confined him for …
Article • June 15, 2013 • from PLN June, 2013
Oregon Rape Victim's Rights Clash with Rights of Accused Rapist by The Oregon Supreme Court, sitting en banc, has dismissed a rape victim's interlocutory appeal of a trial court's order allowing her accused rapist to review her Internet search history on her personal computer as part of his defense. In …
New Hampshire Cancels Private Prison Bids, but Bill Prohibiting Prison Privatization Fails to Pass by After the state of New Hampshire hired a consulting group last year to help evaluate bid proposals for the "construction, operation and potential privatization" of the state's entire prison system, it was determined that all …
Research Study Finding Benefits from Prison Privatization Funded by Private Prison Companies by In April 2013, two professors at Temple University in Philadelphia released a study, titled "Cost Analysis of Public and Contractor Operated Prisons," that alleged financial savings through prison privatization and equal or better performance by private prison …
Article • June 15, 2013 • from PLN June, 2013
CCA Pays $100,000 after Exiting Contract to Operate Florida Jail by A mediation agreement between Corrections Corporation of America (CCA) and Hernando County, Florida has resolved a dispute over $1.86 million after CCA and the county ended their contract for operation of the Hernando County Detention Center (HCDC), which CCA …
Article • June 15, 2013 • from PLN June, 2013
Plata and Coleman Showdown in California by John Dannenberg by John E. Dannenberg A three-judge federal court tightened the noose around the neck of the California Department of Corrections and Rehabilitation (CDCR) in April 2013 when it issued a lengthy order denying a motion by state officials to delay or …
Article • June 15, 2013 • from PLN June, 2013
New York DOCCS Settles Statewide PLN Censorship Suit for $155,000 by Alex Friedmann The New York state Department of Corrections and Community Supervision (NYDOCCS) has settled a federal lawsuit filed by Prison Legal News that challenged the censorship of PLN's monthly publication, books and correspondence at New York prisons statewide. …
TransCor May Face Punitive Damages for Prisoner's Death by Christopher Zoukis TransCor America, LLC, a for-profit prisoner transportation company and subsidiary of Corrections Corporation of America, may be held liable for punitive damages if it is found responsible for the death of a prisoner who died while being transported in …
Sixth Circuit Reverses Dismissal of Prisoner's Sexual Orientation Discrimination Suit by The Sixth Circuit Court of Appeals has reversed a district court's dismissal of a prisoner's lawsuit alleging discrimination based on his sexual orientation. Ricky Davis, a gay, insulin-dependent diabetic Michigan state prisoner, was screened, medically cleared and hired by …
Article • June 15, 2013 • from PLN June, 2013
Filed under: Commentary/Reviews, Reviews
Supermax: Controlling Risk Through Solitary Confinement, by Sharon Shalev (Willan Publishing, September 2009). 346 pages, $39.95 by Julie Etter Book review by Julie Etter Without exaggeration, Sharon Shalev's examination of supermax prisons and the dynamics of solitary confinement in the United States illustrates the consequences of bureaucratic dictates on the …
Prison Legal News Files Public Records Suit Against CCA in Texas by In a lawsuit filed in state court on May 1, 2013, Prison Legal News, represented by the Texas Civil Rights Project (TCRP), alleges that Corrections Corporation of America (CCA) is concealing information about CCA-run correctional facilities by failing …
Article • June 15, 2013 • from PLN June, 2013
Oklahoma: Hospital Sues Sheriff over Unpaid Medical Bills, for Third Time by Christopher Zoukis For the third time in the past eight years, Oklahoma County Sheriff John Whetsel has been sued for damages by a local hospital, which accuses him of releasing dozens of jail prisoners to avoid having to …
Article • June 15, 2013 • from PLN June, 2013
PLN Prevails in Challenge to Postcard-only Policy at Oregon Jail by On April 24, 2013, the U.S. District Court for the District of Oregon held that a postcard-only policy at the Columbia County Jail, which restricted mail sent to and from detainees at the facility to postcards, was unconstitutional. The …
Article • June 15, 2013 • from PLN June, 2013
Former Michigan Assistant Attorney General Held Liable for Targeting Gay Student by On August 16, 2012, a federal jury in Detroit found Andrew Shirvell, a homophobic former Michigan Assistant Attorney General, guilty of stalking, defamation, intentional infliction of emotional distress and invasion of privacy in a civil lawsuit filed by …
Article • June 15, 2013 • from PLN June, 2013
Maryland Repeals Death Penalty by Christopher Zoukis On May 2, 2013, Maryland became the sixth state in six years to abolish the death penalty, and the 18th state – along with the District of Columbia – that has rejected capital punishment. Maryland is the first Southern state to forgo executions …
Article • June 15, 2013 • from PLN June, 2013
Filed under: Money/Property, Restitution
Millions Owed in Unpaid Restitution in Oregon by As of early 2012, medium- and high-risk offenders in three of Oregon's 36 counties owed almost $155 million in unpaid restitution, with an average of just 16 percent of offenders statewide complying with restitution orders, according to the Oregon Department of Corrections …
Article • June 15, 2013 • from PLN June, 2013
Canadian Prisoners Escape via Helicopter by John Dannenberg by John E. Dannenberg Two Canadian prisoners, Benjamin Hudon-Barbeau and Danny Provençal, escaped from a St. Jérôme, Quebec correctional facility on March 17, 2013 when a helicopter hovered over the yard and lowered a rope for them. They clambered up, with one …
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