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Article • February 15, 2013 • from PLN February, 2013
FCC Finally Moves on Wright Petition After Almost a Decade of Inaction by On December 28, 2012, the Federal Communications Commission (FCC) took a major step in a process that could lead to “just and reasonable” interstate phone rates for calls made from prisons, jails and other detention centers. “Today, …
Illinois: Current Insurer Must Pay Wrongful Conviction Award after Exoneration by The Seventh Circuit Court of Appeals has affirmed a federal district court’s determination “that, under Illinois law, the issuer of the policy in force on the date a convict is exonerated must defend and indemnify an insured whose law-enforcement …
Article • February 15, 2013 • from PLN February, 2013
Nevada DOC Audit: Doctors Work 5 Hours, Get Paid for 10 by The Nevada Department of Corrections (DOC), which houses 12,750 prisoners, employs 23 full-time physicians who are paid a salary that presumes they work four 10-hour shifts per week. Accordingly, they receive their full wages regardless of the hours …
Idaho Supreme Court Affirms Firing of PHS Medical Director by The Idaho Supreme Court has upheld a lower court’s dismissal of a prison doctor’s challenge to his job termination, stemming from his abusive treatment of a prisoner. Dr. John F. Noak was the medical director for Prison Health Services (PHS), …
Oregon Prosecutor’s Son Escapes Mandatory Prison Time for Sexual Assault by Commit sexual abuse in Oregon and you face a mandatory prison sentence of 75 months – unless your father happens to be a prosecutor, apparently. In December 2011, Jacob Frasier, 17, the son of Coos County District Attorney Paul …
Article • February 15, 2013 • from PLN February, 2013
Life After Murder: Five Men in Search of Redemption, by Nancy Mullane (Public Affairs Books, 2012). 384 pages, $26.99 (hard-cover) by John Dannenberg Book review by John E. Dannenberg With a gripping meld of investigative journalism and personal involvement, author Nancy Mullane digs into the true meaning of “life with …
Former California Prison Guard Resentenced Following Assault Conviction by The Ninth Circuit Court of Appeals has vacated a 51-month sentence imposed on a former California prison guard convicted of assaulting two prisoners, on the ground that during sentencing the district court had relied on unreliable allegations made by a jailhouse …
Texas Supreme Court Rules Compensation Required in Schlup-type Innocence Cases by Matthew Clarke by Matt Clarke On May 18, 2012, the Supreme Court of Texas held that a former prisoner whose murder conviction was reversed due to ineffective assistance of counsel after he proved that he was likely actually innocent …
Article • February 15, 2013 • from PLN February, 2013
FBI Loses Prisoner’s Property but Sovereign Immunity Foils Recovery by Derek Gilna On May 29, 2012, the Ninth Circuit Court of Appeals barred Galo Alejandro Ordonez from compensation after the FBI and the federal government acknowledged that property that had been previously seized from him and ordered returned was “presumed …
Supreme Court: No Bivens Actions for Federal Prisoners in Private Prison by Matthew Clarke by Matt Clarke In an 8-1 decision, the U.S. Supreme Court has held that federal prisoners housed in privately-managed prisons may not file Bivens-style federal lawsuits against private prison employees alleging lack of medical care in …
Article • February 15, 2013 • from PLN February, 2013
Pregnant Woman Suffers Needless Death in Oklahoma Jail by Matthew Clarke Jamie Lynn Russell (a.k.a. Jamie Fisher), 33, who was pregnant and experiencing severe abdominal pain, sought medical care at a hospital in Pauls Valley, Oklahoma on January 3, 2013. She was difficult and “not cooperating,” according to nurses, who …
Article • February 15, 2013 • from PLN February, 2013
Filed under: Medical, Medical Records
New York Court Limits Costs to $.25 per Page for Prison Medical Records Requests by A New York appellate court has upheld a lower court’s decision that the cost for medical records requested by prisoners or their representatives under the Freedom of Information Law (FOIL) is no more than $.25 …
Article • February 15, 2013 • from PLN February, 2013
Johnny Cash and His Prison Reform Campaign by Danny Robins On July 26, 1972, three grizzled-looking men dressed uneasily in suits gave evidence at a U.S. Senate subcommittee on prison reform. Two of the men were former prisoners of some of the toughest prisons in the U.S. – the third …
Article • February 15, 2013 • from PLN February, 2013
Filed under: News, News in Brief
News in Brief by Florida: When Jack Bates Rider III signed up for a training class to become a corrections officer, he likely didn’t expect to be arrested. He should have, though, as he was wanted in connection with the 2007 strangulation death of a woman in Arizona. The U.S. …
Forms of Judicial Deference in Prison Law by Sharon Dolovich by Sharon Dolovich1 Anyone familiar with the constitutional law of prisoners’ rights knows how ready courts are to find against prisoners in the name of “judicial deference.” It is not unreasonable for courts to grant a measure of deference to …
Article • January 15, 2013 • from PLN January, 2013
Louisiana Public Service Commission Votes to Lower Prison and Jail Phone Rates by Mel Motel On December 12, 2012, after a “raucous” hearing with four hours of testimony, the Louisiana Public Service Commission (LPSC) voted to lower the cost of telephone calls made from state prisons and local jails. With …
Article • January 15, 2013 • from PLN January, 2013
From the Editor by Paul Wright Over almost 23 years of publishing PLN, the saddest duty I have had as editor has been noting the passing of many of our friends and supporters. One person who liked my PLN obituaries, and thought I wrote them well, was my father, Rollin …
Article • January 15, 2013 • from PLN January, 2013
FBI Reports Drop in Violent Crime; DOJ Reports Increase by Violent crime fell nationally in 2011 according to the FBI’s annual Uniform Crime Report, released in October 2012. The FBI reported a 3.8 percent drop in violent crime – including murder, forcible rape, robbery and aggravated assault – with an …
Venezuelan TV Station Fined $2.16 Million for Prison Reporting by Matthew Clarke by Matt Clarke Globovisión is the last remaining Venezuelan television station that is openly critical of President Hugo Chávez. In May 2010, Globovisión president Guillermo Zuloaga was arrested for making offensive comments about Chávez while discussing a government …
Dramatic Increase in Percentage of Criminal Cases Being Plea Bargained by Matthew Clarke by Matt Clarke Over the course of the past few decades there has been a significant increase in the percentage of criminal cases being plea bargained and a corresponding decrease in cases that are taken to trial. …
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