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Article • October 15, 2011 • from PLN October, 2011
From the Editor by Paul Wright Tropical storm Irene caused serious damage in Vermont on August 27 and 28, including in Brattleboro where our offices are located. We received a lot of phone calls, e-mails and inquiries asking if we were okay, and the good news is that our office …
The Failed Promise of Prison Privatization by Richard Culp, Ph.D. We have been experimenting with prison privatization in the U.S. now for over twenty-five years. The privatization idea originated out of a notion that the private sector, with its competition-driven efficiency and innovation, could operate prisons of higher quality and …
Article • October 15, 2011 • from PLN October, 2011
FDOC Pen Pal Advertising Ban Passes Constitutional Scrutiny by David Reutter by David M. Reutter In January 2011, a federal district court granted summary judgment to the Florida Department of Corrections (FDOC) in a lawsuit challenging FDOC rule 33-210.101(9), Florida Administrative Code, which prohibits prisoners from advertising for pen pals …
Article • October 15, 2011 • from PLN October, 2011
Human Rights Defense Center Litigation Update by Lance Weber This month marks the beginning of my second year practicing law with the Litigation Project of the Human Rights Defense Center. The Litigation Project was envisioned by PLN founder Paul Wright as a complement to HRDC’s principal project, Prison Legal News, …
Article • October 15, 2011 • from PLN October, 2011
Economy Forces States to Rethink Juvenile Justice Policies, Priorities by The “tough on crime” movement of the 1990s ushered in a wave of harsh juvenile justice practices across the U.S., and the philosophy for dealing with juvenile offenders shifted from rehabilitative to punitive. Children were tagged with dehumanizing labels like …
California’s Behavior Modification Programs – Abuse of Prisoners, Racism and Cover-Ups by Ill-conceived experiments in behavior modification by the California Department of Corrections and Rehabilitation (CDCR) have led to allegations of racism, abuse of prisoners, retaliation and cover-ups, plus a state Senate inquiry. In 2005 and 2006, the CDCR initiated …
D.C. District Court Partially Dismisses Lawsuit by BOP CMU Prisoners by A lawsuit filed on behalf of prisoners held in Communication Management Units (CMUs) at federal prisons in Terre Haute, Indiana and Marion, Illinois, which alleged violations of their Constitutional rights due to placement in the CMUs, as well as …
Ninth Circuit: California Prisoner Need Not Appeal from Satisfactory Grievance Response in Order to Exhaust Administrative Remedies by Michael Brodheim Clarifying “the boundaries of proper exhaustion” within the context of California’s prison system, the Ninth Circuit Court of Appeals held that a prisoner “has no obligation to appeal from a …
Article • October 15, 2011 • from PLN October, 2011
Massachusetts Prisoners Receive Expired Food Rejected by Schools by According to an April 2011 news report, the Massachusetts Department of Education set aside 11,000 cases of expired cheese, blueberries, frozen chicken and other food items for use in prison kitchens after an investigation discovered the out-of-date food was being served …
Article • October 15, 2011 • from PLN October, 2011
Tennessee Jail Detainee Shackled During Childbirth Awarded $200,000 by Juana Villegas won a $200,000 jury award in a § 1983 action against the Metro-Davidson County Sheriff’s Office in Nashville, Tennessee for being shackling while she was in the final stages of labor during her pregnancy and past-partum recovery. Villegas had …
California District Court Rips Feds for “False and Misleading Information” in FOIA Case, Then Does Nothing by In a lawsuit filed by six Islamic organizations and five individuals, the U.S. District Court for the Central District of California, Southern Division, found that the FBI and the U.S. government had “provided …
California Inspector General Expresses Concerns About Out-of-State Private Prisons by In December 2010, California Inspector General David Shaw sent a letter to the California Department of Corrections and Rehabilitation (CDCR), informing CDCR officials about concerns related to housing California prisoners in out-of-state privately-operated facilities. The concerns arose when the Office …
FBI Claims 2,500 Percent Increase in Child Porn Arrests by Although the number of prosecutions for child pornography is small in comparison with drug and immigration offenses, child porn cases have skyrocketed according to FBI statistics. Arrests for such crimes are up 2,500 percent since 1996, largely due to technology …
Article • October 15, 2011 • from PLN October, 2011
Oregon Aggravated Murder Statute Creates Liberty Interest by Mark Wilson The Ninth Circuit Court of Appeals has held that Oregon’s aggravated murder statute creates a protected liberty interest in parole eligibility. In 1982, Oregon state prisoner Douglas Miller was convicted of aggravated murder and sentenced to life imprisonment with a …
Article • October 15, 2011 • from PLN October, 2011
Montana Jail Agrees to Provide Addiction Treatment for Pregnant Prisoners by The American Civil Liberties Union of Montana (ACLU) has reached a settlement with the Lake County Detention Center (LCDC) which requires LCDC to ensure that pregnant prisoners at risk of opiate withdrawal receive proper medical treatment. The ACLU filed …
Article • October 15, 2011 • from PLN October, 2011
Pennsylvania Councilman Takes Private Prison Company’s Donation, then Opposes Detention Center by A $3,000 campaign contribution from private prison firm GEO Group has put a spotlight on a county councilman in Pennsylvania. The contribution was made only days after Ron Angle, president of the Northampton County Council, urged his colleagues …
Article • October 15, 2011 • from PLN October, 2011
$10,000 Settlement in North Carolina Prisoner’s Pepper Spraying by The North Carolina Department of Corrections (NCDOC) paid a prisoner $10,000 to settle a lawsuit claiming guards used excessive force by pepper spraying him. Lanesboro Correctional Institution prisoner Bill Rayburn had been asking guards to move him away from another prisoner …
Department of Justice Report on Sexual Victimization in Prisons and Jails by In January 2011, the U.S. Department of Justice’s Bureau of Justice Statistics (BJS) released a report titled “Sexual Victimization Reported by Adult Correctional Authorities, 2007-2008.” The report is based on the annual Survey of Sexual Violence mandated by …
Article • October 15, 2011 • from PLN October, 2011
Los Angeles County Pays $400,000 to Settle Juvenile Jail Prisoner Wrongful Death Suit by The Los Angeles County Board of Commissioners has approved a $400,000 settlement to resolve negligence, civil rights and other claims related to the wrongful death of a juvenile offender held at the Los Padrinos Juvenile Hall. …
90% Remittitur of $750,000 Strip Search Verdict Vacated; Plaintiffs Accept $440,385.08 on Remand by Mark Wilson On June 30, 2010, the Eighth Circuit Court of Appeals held that a district court had abused its discretion in reducing a $750,000 jury award to $75,000 in a case raising illegal strip search …
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