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Article • April 15, 2013 • from PLN April, 2013
FBI’s National Crime Data Found to be Flawed, Manipulated by As it turns out, the FBI's annual reports on crime in the United States are only slightly more credible than campaign promises and Big Foot sightings. An August 2012 investigative analysis by the Milwaukee Journal-Sentinel found that the overwhelming majority …
Article • April 15, 2013 • from PLN April, 2013
Filed under: News
Colorado Seeks New Use for Empty Prison by When Colorado Governor John Hickenlooper announced the closure of the Fort Lyon Correctional Facility in Las Animas, Brent County officials became despondent. The prison was an economic mainstay of the tiny county. “There’s no question the jobs leaving the community are some …
Article • April 15, 2013 • from PLN April, 2013
Pennsylvania Officials Link Halfway House Payments to Recidivism Rates by Derek Gilna Community corrections centers, also known as halfway houses, receive a great deal of money to help prepare prisoners to reenter society. Unfortunately, according to a recent study in Pennsylvania, the state’s 38 halfway houses with 4,313 beds have …
Article • April 15, 2013 • from PLN April, 2013
Forcible Cutting of Illinois Prisoner’s Dreadlocks Found Unconstitutional by The Seventh Circuit Court of Appeals has held that an Illinois prison guard violated the First Amendment rights of a prisoner by ordering his dreadlocks to be forcibly shorn. The appellate court further held the guard was not entitled to qualified …
Article • April 15, 2013 • from PLN April, 2013
Defendants Must Challenge Joint and Several Liability for Attorney Fees on Initial Appeal or Issue is Waived by On May 22, 2012, the Ninth Circuit Court of Appeals held that defendants found liable for civil rights violations had failed to challenge in their initial appeal an order that they were …
Delaware Court Decides Financial Dispute Involving Prison Healthcare Company by Derek Gilna A complaint brought in the Court of Chancery of Delaware to appraise the value of a prison healthcare company inadvertently shed light on the big business of providing contracted correctional services. Certain shareholders of Just Care, Inc., a …
Article • April 15, 2013 • from PLN April, 2013
Court Upholds California Prison Guard’s Termination for Telling Prisoner to Hang Herself by In March 2012, the California Court of Appeal, 4th District, affirmed a lower court’s judgment that reinstated the termination of a former state prison guard, Thomas Norton, who had told a mentally ill female prisoner to hang …
South Carolina Sheriff Indicted; Fourth Sheriff to Face Criminal Charges in Three Years by Christopher Zoukis A South Carolina Sheriff has been removed from office following his indictment on criminal charges of misconduct and furnishing contraband to prisoners. Chesterfield County Sheriff Sanford (“Sam”) Marion Parker, Jr. was suspended by Governor …
Article • April 15, 2013 • from PLN April, 2013
Utah: Prisoners’ Education Should be Cheaper, More Efficient, Report Says by Secondary education for Utah prisoners are wasting tax dollars and, more importantly, wasting educational resources, according to an August 2012 report by the state’s Legislative Auditor General. Utah lawmakers wanted to know how efficient and effective are high school …
Article • April 15, 2013 • from PLN April, 2013
Florida Innocence Commission Makes Recommendations to Prevent Wrongful Convictions by The Florida Innocence Commission's final report, presented to the Florida Supreme Court on June 25, 2012, included a number of recommendations to address issues related to wrongful convictions in the Sunshine State. Due to having one of the highest rates …
Article • April 15, 2013
4th Circuit: Prisoner Alleges Sufficient Facts to Establish Imminent Danger, Permitted to Proceed Despite Three Prior “Strikes” by In an unpublished per curiam opinion decided September 2006, the Fourth Circuit vacated a district court order dismissing a prisoner’s civil rights complaint pursuant to 28 U.S.C. §1915(g) on the ground that …
Article • April 15, 2013
7th Circuit: Reasonable Attorney Fees Not Properly Reduced Due to Existence of Contingent Fee Agreement by After successfully representing Danielle Pickett in a Title VII retaliation suit against her employer, Sheridan Health Care Center, Ernest T. Rossiello & Associates, P.C. sought to recover reasonable attorney fees, pursuant to 42 U.S.C. …
Article • April 15, 2013
8th Circuit: Prisoner's Right to Avoid Involuntary Medication Safeguarded Only by Minimal Procedural Due Process Protections by In a case alleging that a prisoner's transfer, detention, and involuntary medication violated his Due Process rights, the Eighth Circuit has affirmed the district court's grant of summary judgment to the defendant prison …
Article • April 15, 2013
10th Circuit Affirms Dismissal of Oklahoma Conditions-of-Confinement § 1983 Lawsuit by 10th Circuit Affirms Dismissal of Oklahoma Conditions-of-Confinement § 1983 Lawsuit In an unpublished order, the Tenth Circuit has affirmed the dismissal of a pro se civil rights complaint alleging that the conditions of confinement during a 7.5-week lockdown in …
Article • April 15, 2013
Filed under: Sentencing, Probation
10th Circuit Orders District Court to Reconsider Restrictive Sentencing Conditions by Derek Gilna Eugene Sunday argued that computer and mental health conditions of the supervised release portion of his sentence constituted an occupational restriction unsupported by the Guidelines Manual of the U.S. Sentencing Commission, (USSG), Section 5F1.5. The district court …
Article • April 15, 2013
7th Circuit: Minimal Use of Force Not an Eighth Amendment Violation by Wisconsin prisoner Juan Guitron alleged that a prison guard bent and injured his wrist. Following a preliminary screening required by 28 U.S.C. § 1915A, the district court dismissed the complaint and the 7th Circuit affirmed. While prison guards …
Article • April 15, 2013
9th Circuit: Constitution Protects Homeless Persons from Government Seizure and Destruction of Their Unattended but Unabandoned Personal Property by In February 2012, a divided panel of the Ninth Circuit affirmed a district court's grant of preliminary injunctive relief to nine homeless individuals living on the streets of the Skid Row …
9th Circuit Denies Double-Jeopardy Based Dismissal of Arizona Drug Case by Derek Gilna In a case featuring especially egregious prosecutorial misconduct by Assistant U.S. Attorney Jerry Albert in prosecution of Defendant-Appellant Aurora Lopez-Avila, the 9th Circuit has refused defense efforts to dismiss the indictment on double-jeopardy grounds. The defense had …
Article • April 15, 2013
Alabama: District Court Certifies Class of HS Students Alleging Excessive Force by School Resource Officers by In August 2012, a U.S. District Court in Alabama granted a motion to certify a class of all current and future high school students in the Birmingham City Schools in a suit which alleges …
Article • April 15, 2013
Filed under: Civil Procedure, Mandamus
Alabama State Supreme Court Denies Mandamus for Payment of Defense Expenses by The Supreme Court of Alabama denied in June 2012 Defendant’s petition for writ of mandamus to compel the circuit court to enforce its orders to the Office of Indigent Services and the Comptroller’s Office to disburse interim payments …
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