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ICE, CCA Settle ACLU Lawsuit Regarding Health Care for Immigration Detainees by Derek Gilna A lawsuit filed by the American Civil Liberties Union that alleged deficiencies in health care at the San Diego Correctional Facility (SDCF) in Otay Mesa, California has been settled, according to a December 16, 2010 press …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Sentencing, Good Time
California: New Postsentence Rehabilitation Credits Inapplicable to Sentences of Convicted Murderers by The California Court of Appeal held on June 22, 2010 that a new state statute, which authorizes postsentence credit against a determinate term of imprisonment for successful completion of approved rehabilitative programs, does not apply to an indeterminately …
Article • November 15, 2011 • from PLN November, 2011
Texas Jail Guards Smuggle Contraband in Tacos, Ramen Noodles by When Bexar County jail guard Alfred Casas, 32, agreed to bring some tacos to prisoner Jacob Keller in violation of jail rules, he probably didn’t think much of it. That changed when the tacos contained hacksaw blades intended for use …
Article • November 15, 2011 • from PLN November, 2011
$725,000 Award in Negligent Medical Care Suit Involving Poisoned New York Prisoner by A New York Court of Claims has awarded $725,000 to the estate of a prisoner who died due to medical neglect after being poisoned at the Sing Sing Correctional Facility. Rodney Williams, 20, was three weeks from …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Visiting, Attorney Visits
Alabama Sheriff Capitulates to ACLU in Challenge to Denial of Attorney Visits by The ACLU of Alabama has reached a settlement that allows its staff members to have consultation visits with prisoners at the Fayette County Jail (FCJ). The settlement was reached within six weeks after the ACLU sued the …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Mental Health, Suicides
Oregon Jail Suicides Lead Grand Juries to Fault Prevention Efforts, Staff Training by Mark Wilson A January 3, 2011 grand jury report found that suicide prevention was a major concern at the Multnomah County Detention Center (MCDC) in Portland, Oregon. Seventeen days later that finding was tragically underscored by the …
Article • November 15, 2011 • from PLN November, 2011
Incapacitation Good Cause for Untimely Exhaustion Under PLRA by The Seventh Circuit Court of Appeals has held that physical incapacitation constitutes good cause for failure to exhaust administrative remedies within the time frame set by prison officials. As such remedies are not “available” within the meaning of the Prison Litigation …
Federal Court Rules on Exhaustion Issues for Joined Plaintiffs in Lawsuit Against CCA by On October 18, 2010, an Idaho federal court held that prisoners who were subjected to confusing rules and advice from prison officials regarding how to raise grievance issues had adequately exhausted their administrative remedies when they …
Article • November 15, 2011 • from PLN November, 2011
California Appellate Ruling Holds Court Fee Inapplicable to Pre-2009 Convictions by The California Court of Appeal has held that a $30 to $35 court facilities fee imposed by a non-penal statute, Government Code § 70373, does not apply to cases in which the defendant pleaded guilty, or was found guilty …
Article • November 15, 2011 • from PLN November, 2011
PLN Files Censorship Suit Against NYDOCS by On October 11, 2011, Prison Legal News filed suit against New York State Department of Correctional Services officials, including NYDOCS Commissioner Brian Fischer. The lawsuit, filed in the U.S. District Court for the Southern District of New York, alleges First and Fourteenth Amendment …
Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Holds Serious Risk to Prisoner’s Health Posed by Year-Long Denial of Outdoor Exercise “Obvious” as a Matter of Law by Michael Brodheim by Mike Brodheim In a 42 U.S.C. § 1983 suit brought by a California prisoner who was denied outdoor exercise for 13 months and 25 days …
Article • November 15, 2011 • from PLN November, 2011
Former Judges in “Cash for Kids” Scandal Sentenced by Derek Gilna Two former Pennsylvania state court judges who were accused by federal prosecutors of running a multi-million dollar scheme to send juvenile offenders to privately-run prisons in exchange for bribes have been sentenced. Former judge Mark A. Ciavarella, Jr., 62, …
Article • November 15, 2011 • from PLN November, 2011
U.S. Supreme Court Holds Civil Contemptor Facing Incarceration Requires Procedural Safeguards Absent Counsel by The U.S. Supreme Court held on June 20, 2011 that counsel need not be provided to a person facing civil contempt for failure to pay child support so long as the state has “in place alternative …
Article • November 15, 2011 • from PLN November, 2011
$370,000 in Annual Phone Revenue at Ohio Jail by At the Montgomery County jail in Dayton, Ohio, taking more than a half-million dollars annually from prisoners who want to call their loved ones is actually called “giving.” When asked by the Dayton Daily News about prisoners’ telephone access in Montgomery …
Article • November 15, 2011 • from PLN November, 2011
PLN Sues Jails in Louisiana, Washington State Over No-Publication Policies by On September 9, 2011, Prison Legal News filed separate lawsuits against the Orleans Parish jail in New Orleans, Louisiana and the Chelan County jail in Washington State over mail policy-related issues. PLN’s suit against Orleans Parish Sheriff Marlin Gusman, …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Sentencing, Parole
Ninth Circuit Holds That Absconding Tolls Supervised Release for Federal Parolees by The time a released prisoner serves on supervised release is tolled when he or she absconds, the U.S. Court of Appeals for the Ninth Circuit held. Manuel Ignacio Juarez was deported following completion of his federal prison sentence …
Article • November 15, 2011 • from PLN November, 2011
Settlement Reverses Virginia DOC’s Ban on Jailhouse Lawyers Handbook by David Reutter A settlement agreement between the Virginia Department of Corrections (VDOC) and two civil rights organizations that publish the Jailhouse Lawyer’s Handbook (JLH) overturned the VDOC’s ban on JLH and requires that five copies of that publication be placed …
Summary Judgment for CCA Reversed in Filthy Jail Conditions Case by David Reutter On April 15, 2011, the Sixth Circuit Court of Appeals reversed a district court’s grant of summary judgment to Corrections Corporation of America (CCA) in a civil rights action alleging Eighth Amendment violations after CCA staff left …
Article • November 15, 2011 • from PLN November, 2011
Hawaii Ex-prisoner Awarded $83,000 for Being Held 83 Days Past Release Date by Former Hawaii prisoner Wade T. Itagaki, who was held at the Oahu Community Correctional Center in Honolulu for 83 days after his sentence expired on Sept. 5, 2006, was awarded $83,000 by a federal jury in February …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Work, Prison Labor
Requests for Hawaiian Prisoner Workers Soar Due to Poor Economy by David Reutter by David M. Reutter As budgets for nonprofit groups, schools, churches and state and city agencies have been squeezed, requests for Hawaii prison work crews to help with repair and maintenance projects have increased exponentially. Prison officials …
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