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Article • August 8, 2018 • from PLN August, 2018
Filed under: Civil Procedure
FRCP Rule 25 Allows for Extension of Time to Substitute Party Upon Death by David Reutter by David Reutter The Eleventh Circuit Court of Appeals has reversed a Florida federal district court’s order denying a motion to reopen a case and substitute parties due to the death of the original plaintiff. …
Article • August 8, 2018 • from PLN August, 2018
Michigan Prisoner Publishes Book, State Sues for His Proceeds by Edward Lyon by Ed Lyon Curtis Dawkins is serving life without parole in Michigan. He has been imprisoned since 2005, after a crack-fueled series of crimes committed on Halloween night the year before left Tom Bowman dead. Dawkins is also …
Article • August 8, 2018 • from PLN August, 2018
Inadequate Health Services for Native American Prisoners by Edward Lyon by Edward B. Lyon, Jr. Members of various Native Americans tribes live in reservations across the United States, where they police themselves and maintain tribal jails for detention. Federal funds are used to operate those facilities and a multitude of …
Article • August 8, 2018 • from PLN August, 2018
Indiana DOC Settles Prisoner’s Retaliation Suit for $80,000 by Matthew Clarke by Matthew Clarke In August 2017, the Indiana Department of Correction (DOC) agreed to settle a prisoner’s conditions of confinement lawsuit after he alleged DOC officials had retaliated against him for filing the complaint. Robert L. Holleman, an Indiana …
Article • August 8, 2018 • from PLN August, 2018
Filed under: Education
Temple University Marks 20 Years of Transformative Inside-Out Prison Program by Derek Gilna by Derek Gilna In 1997, Temple University professor Lori Pompa instituted a ground-breaking program at a Philadelphia county jail known as the Inside-Out Prison Exchange Program, which brings university students and prisoners together in a correctional setting …
Article • August 8, 2018 • from PLN August, 2018
Filed under: Escapes, Security Systems
Previous NY Escapee Fails to Negotiate Privileges in Exchange for Revealing Security Flaws by Derek Gilna by Derek Gilna New York state prisoner David Sweat became famous – or rather infamous – when he and fellow prisoner Richard W. Matt escaped from the Clinton Correctional Facility in Dannemora, New York …
Article • August 8, 2018 • from PLN August, 2018
Federal Compassionateless Release by Dale Chappell by Dale Chappell For thousands of federal prisoners who have filed for compassionate release after the U.S. Sentencing Commission (USSC) expanded eligibility criteria in 2013, the response has been a familiar and consistent refrain: “Denied.” Over the following four years, just six percent of …
Article • August 8, 2018 • from PLN August, 2018
Filed under: Telephone Rates
Criticism of Commission-based Phone Contract at Pennsylvania County Prison by R. Bailey by R. Bailey Prisoners and their families in York County, Pennsylvania are outraged that Global Tel*Link (GTL), one of the nation’s largest prison and jail telephone service providers, has contracted with the York County Prison under a “commission” …
Article • August 8, 2018 • from PLN August, 2018
Filed under: Telephone Rates
Massachusetts County Faces Lawsuit Over Phone Fee Kickbacks by Monte McCoin by Monte McCoin On May 2, 2018, attorneys with Prisoners’ Legal Services of Massachusetts, the National Consumer Law Center (NCLC), the Legal Services Center at Harvard Law School and the law firm of Bailey & Glasser LLP filed a …
Article • August 8, 2018 • from PLN August, 2018
Filed under: Prison Reform
Trump Calls Prison Reform “Very Important” as First Step Act Passes in the House by Christopher Zoukis by Christopher Zoukis Does “tough on crime” President Donald J. Trump support prison reform? If his comments at a January 2018 listening session can be believed, the answer is a qualified “yes” – …
Federal Class-action Accuses CoreCivic of Exploiting Immigrant Detainee Labor by Derek Gilna by Derek Gilna A federal class-action suit filed on April 17, 2018 in the Middle District of Georgia accuses private prison behemoth CoreCivic – formerly Corrections Corporation of America – of exploiting immigrant detainees who perform work in …
Article • August 8, 2018 • from PLN August, 2018
Filed under: Wrongful Conviction
Wrongfully-convicted California Prisoner Exonerated, Receives $15 Million by Derek Gilna by Derek Gilna How do you calculate the cost of years of your life – lost forever – when you are behind bars for a crime you didn’t commit, while knowing that those who put you there perverted the criminal …
Article • August 8, 2018 • from PLN August, 2018
Donald Who? Reform Goes Forward Despite His Idiocy by Joseph Margulies by Joseph Margulies, Justia.com Recently, the president called for the execution of drug dealers. This is idiotic, of course, both as a matter of law and policy. But no one who has been following these things should have been …
Growing Number of Local Jurisdictions Reject Correctional Privatization by Monte McCoin by Monte McCoin On May 8, 2018, the City Council in Tucson, Arizona passed a historic resolution by unanimous vote that prohibits “contracting with private, for-profit prison companies like GEO Group or CoreCivic (formerly CCA) for jail operations.” City …
Article • August 8, 2018 • from PLN August, 2018
Louisiana Judge’s Views May Warrant Recusal in All Death Penalty Cases by David R. Bailey by David R. Bailey Louisiana Supreme Court Justice Scott Crichton’s self-recusal from hearing “Angola 5” David Brown’s death penalty appeal ensured that Brown’s due process rights would not be compromised. Brown feared he could not …
Article • August 8, 2018 • from PLN August, 2018
Filed under: Costs
Georgia Renewal Statute Requires Prepayment of Costs of Prior Suit by On November 17, 2017, the Eleventh Circuit Court of Appeals affirmed the dismissal of a lawsuit brought under Georgia’s renewal statute because the plaintiff failed to pay the costs from a prior case or seek in forma pauperis (IFP) …
Article • August 8, 2018 • from PLN August, 2018
Filed under: Staff-Prisoner Assault
Virginia: Former Assistant Warden Gets Suspended Sentence for Trading Privileges for Sex by Monte McCoin by Monte McCoin On March 19, 2018, former Indian Creek Correctional Center assistant warden Clyde Alderman, 68, entered an Alford plea to three misdemeanor counts of solicitation. By entering the plea, Alderman, without admitting guilt, …
Article • August 8, 2018 • from PLN August, 2018
Alaska Jail Recorded Attorney-client Conversations for Four Years by Monte McCoin by Monte McCoin On January 15, 2018, the Anchorage Daily News reported that, from 2012 to 2016, confidential conversations between criminal defendants and their attorneys were routinely recorded by a long-abandoned audio monitoring system in a visitation room at …
Article • August 8, 2018 • from PLN August, 2018
Canadian Non-profit Seeks Plant-based Focus, No Animal Slaughter at Prison Farms by Derek Gilna by Derek Gilna A Canadian non-profit organization, Evolve Our Prison Farms (EOPF), has come out in opposition to the Canadian government’s plan, announced in early 2018, to reinstitute prison farms that will include the slaughter of …
Article • August 8, 2018 • from PLN August, 2018
Filed under: Wrongful Conviction
Michigan Prisoners Receive Compensation for Wrongful Convictions by Derek Gilna by Derek Gilna Edward George Carter and Marwin McHenry, both wrongfully convicted and imprisoned in separate cases, have obtained compensation awards from the Michigan Court of Claims. Carter was awarded $1,761,506.85, while McHenry received $175,753.42. Carter was tried and convicted …
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