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Article • April 15, 2013 • from PLN April, 2013
No Free Speech Protection for Prisoners Who Copy Excerpts from Books by Christopher Zoukis Prisoners who copy "arguably inflammatory” or “incendiary” passages from the books they check out from a prison library or are allowed to purchase are not entitled to rely on the First Amendment to protect them from …
ADX Prisoner Not Allowed to Communicate with Family Members or Receive Publications under SAMs by Christopher Zoukis In another series of court rulings upholding the use of Special Administrative Measures (SAMs), a prisoner at the federal ADX supermax facility in Florence, Colorado was prohibited from receiving certain publications and communicating …
Article • April 15, 2013 • from PLN April, 2013
Oregon: Grand Jury Cites Problems at Multnomah County Jails by Sal Rodriquez A Corrections Grand Jury report released on December 18, 2012 made recommendations to remedy problems in Multnomah County’s jail system, adding to suggestions the Grand Jury had previously made in 2011. In its most recent report, the Grand …
Article • April 15, 2013 • from PLN April, 2013
Lawsuit Filed Against Solitary Confinement of 800 “Seriously Mentally Ill” Prisoners in Pennsylvania by Sal Rodriquez On March 11, 2013, the Disability Rights Network of Pennsylvania (DRNP) filed a lawsuit against John E. Wetzel, Secretary of the Pennsylvania Department of Corrections, charging that the confinement of prisoners in Restricted Housing …
Article • April 15, 2013 • from PLN April, 2013
CA Prison Guards’ Union Loses Appeal, Must Pay $4.96 Million Judgment by A federal lawsuit filed against the California Correctional Peace Officers Association (CCPOA), the union that represents state prison guards, resulted in a $12.5 million damages award in October 2010. The award was reduced by the district court to …
Former Pennsylvania DOC Director Hired to Run CDCR by Anne-Marie Cusac Jeffrey A. Beard, an almost 40-year old veteran of the Pennsylvania Department of Corrections, and most recently that state’s Corrections Secretary, was hired by California Governor Jerry Brown in December 2012 to become the new head of the California …
Second Circuit: Continuing Violations Exhausted with Single Grievance by The Second Circuit Court of Appeals held on May 16, 2012 that a New York district court had incorrectly concluded that a prisoner failed to exhaust his administrative remedies before bringing a religious freedom suit. Muslim prisoner Neil Johnson was confined …
Federal Court Enters Interim Fee Award Against BOP in FOIA Suit by The Federal Bureau of Prisons (BOP) began 2013 with an adverse ruling from the U.S. District Court for the District of Oregon, after the BOP had spent several years refusing to disclose allegedly confidential information that was, in …
Article • April 15, 2013 • from PLN April, 2013
Law Man: My Story of Robbing Banks, Winning Supreme Court Cases, and Finding Redemption, by Shon Hopwood and Dennis Burke (Crown, August 2012). 320 pages, $25.00 hardcover by Lisa McElroy Book review by Lisa McElroy In the Spring of 2003, the phone on Seth Waxman’s desk rang. “Will you accept …
Article • April 15, 2013 • from PLN April, 2013
Ninth Circuit Vacates Federal Prison Sentence Imposed by Non-trial Judge by by Derek Gilna Federal prisoner William Harris’ 188-month sentence for assaulting a prison guard was reversed by the Ninth Circuit Court of Appeals on May 25, 2012, based on a violation of Federal Rule of Criminal Procedure 25(b) “with …
Article • April 15, 2013 • from PLN April, 2013
California: Condition of Parole Restricting Parolee from Residing Near Victim’s Next of Kin Held Invalid by The California Court of Appeals has held that Penal Code section 3003(f), which limits a parolee convicted of certain offenses from living within 35 miles of the victim or witness to the crime – …
Article • April 15, 2013 • from PLN April, 2013
Native Americans Overrepresented in Prison; Problems with Tribal Police Cited by The Trail of Tears lives on. It still winds its way through dilapidated Native American villages on reservations across the United States that are impoverished, starved of resources and pockmarked by dysfunction and discrimination. Almost two centuries after indigenous …
Article • April 15, 2013 • from PLN April, 2013
Utah Potentially Liable for Juvenile’s Death; Incarceration Exception to State’s Immunity Inapplicable by The Utah Supreme Court has that the “incarceration exception” to the state’s waiver of sovereign immunity does not apply to a juvenile offender’s placement in an unsecured community-based proctor home. Sixteen-year-old Dillon Whitney was charged with several …
Article • April 15, 2013 • from PLN April, 2013
Seventh Circuit: Cost Bond Improper Tool to Address Prisoner’s Frivolous Filings by On May 30, 2012, the Seventh Circuit Court of Appeals reversed an Illinois federal district court’s order that imposed a cost bond on an indigent prisoner which the court knew he could not afford, holding that such an …
Article • April 15, 2013 • from PLN April, 2013
Time for Sentencing Reform by George Gascón From the Capitol to the courtrooms, prosecutors can chart a new path on public safety by championing at both local and state levels one of the biggest ways we can transform our justice system in this generation – sentencing reform. Right now, the …
Article • April 15, 2013 • from PLN April, 2013
Filed under: Work, Prison Industries
California Prison Industry Authority Loses $24 Million in Last Two Years but Reduces Recidivism by In January 20013, California's Prison Industry Board (PIB) submitted its annual report to the state legislature regarding the activities and financial status of the California Prison Industry Authority (CALPIA), the agency it is charged with …
Article • April 15, 2013 • from PLN April, 2013
More Oregon Prison Employees Accused of Sexual Abuse by As previously reported in PLN, between 2006 and 2009, employees at Oregon’s only women’s prison were charged with sexually abusing more than a dozen female prisoners. [See: PLN, Nov. 2010, p.18; July 2009, p.47]. The abuse continues unabated, with at least …
Article • April 15, 2013 • from PLN April, 2013
Filed under: News, News in Brief
News in Brief by Maryland: Jerod Pridget, 29, incarcerated at the Western Correctional Institution, died on November 28, 2012 after being severely beaten by another prisoner and transferred to an outside medical facility. Pridget was serving an 18-month sentence; his family said he was “unrecognizable” due to the injuries to …
$1,008 in Damages Awarded to Illinois State Prisoner by A federal jury awarded Gregory J. Turley, an Illinois state prisoner, $1,008 in compensatory and punitive damages for the retaliatory actions of two guards. Turley sued guards Julie Marry and Robert Gales, and Warden Roger Cowan for retaliation. In May 200, …
Article • April 15, 2013
1st Circuit Affirms Federal Tort Claims Judgment Against FBI in Bulger Cases by Derek Gilna The U.S. Court of Appeals for the 1st Circuit has affirmed the judgments entered against the Federal Bureau of Investigation, (FBI), under the Federal Tort Claims Act, (FTCA). In the most recent chapter of the …
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