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Article • October 15, 2011 • from PLN October, 2011
Postcard-Only Mail Policy Enjoined at Colorado Jail by On December 20, 2010, Chief U.S. District Court Judge Wiley Y. Daniel issued a preliminary injunction against a postcard-only mail policy instituted at the El Paso County Jail in Colorado Springs, Colorado. The injunction resulted from a class-action lawsuit filed by a …
Article • October 15, 2011 • from PLN October, 2011
Former Florida Prison Guard Sues for Reinstatement Under Whistleblower Act by The Florida Department of Corrections (FDOC) has been sued for retaliation under the state’s whistleblower act by a former guard. The suit, filed by lawyers for John Pisciotta, seeks back pay, reinstatement of his job, damages and attorney fees. …
Article • October 15, 2011 • from PLN October, 2011
Prisons Are Breeding Ground for Terrorists? by Mark Wilson “Prisons are often described as ‘hotbeds’ of terrorism,” but they can also become important “net contributors in the struggle against terrorism” according to a July 2010 joint study by the London-based International Centre for the Study of Radicalisation and Political Violence …
Article • October 15, 2011 • from PLN October, 2011
Prison Legal News Sues Arizona Jail Over Restrictive Mail Policy by On September 7, 2011, Prison Legal News, represented by the American Civil Liberties Union of Arizona (ACLU) and the law firm of Rosen, Bien & Galvan, LLP, filed a federal lawsuit challenging the constitutionality of a Pinal County, Arizona …
Article • October 15, 2011 • from PLN October, 2011
Budget Cuts Threaten Oregon Juvenile Offenders by Even in the face of a $3.5 billion shortfall in the 2011-2013 biennial budget cycle which began on July 1, 2011, Oregon Governor John Kitzhaber refused to touch the $1.5 billion budget of the Oregon Department of Corrections (ODOC). Instead he turned his …
Article • October 15, 2011 • from PLN October, 2011
Congressional Budget Resolution Cuts Some DOJ Programs by The April 2011 vote in Congress that passed a resolution for continued federal funding until the end of the current fiscal year on June 30 included 17 percent cuts for various Department of Justice (DOJ) programs, including the Second Chance Act. The …
Article • October 15, 2011 • from PLN October, 2011
Fugitive Oregon DOC Food Manager Getting Homesick in Iran by “I would love to come back to my country ... but unfortunately they want to fry me for my mistake,” wrote international fugitive and former Oregon Department of Corrections (ODOC) Food Service Administrator Farhad (“Fred”) Monem, in emails sent to …
Oregon Juvenile Who Attempted Suicide Settles Negligence Suit for $192,500 by An Oregon juvenile offender has settled a negligence suit against county officials for $192,500. In June 2010, Michael J. Stephens, 16, was detained at Lane County’s John Serbu Youth Campus in Eugene, Oregon. He was on suicide watch due …
Sexual Misconduct Topples Two Oregon Prosecutors by The elected District Attorney of a small Oregon county lost his job after being accused of using his office for sexual misconduct and then trying to cover it up. In August 2010, a female employee of the Umatilla County District Attorney’s office, Dawn …
Article • October 15, 2011 • from PLN October, 2011
Taser International Settles Product Liability Lawsuit for $2.85 Million by Michael Brodheim by Mike Brodheim Using tactics reminiscent of those once employed by tobacco companies, Taser International has for years engaged in a high-stakes campaign designed to deceive the public into believing that the stun guns it manufactures, known formally …
Article • October 15, 2011 • from PLN October, 2011
U.S. Supreme Court: State P&A Can Sue Another State Agency for Records by David Reutter U.S. Supreme Court: State P&A Can Sue Another State Agency for Records by David Reutter The U.S. Supreme Court held on April 19, 2011 that sovereign immunity does not apply when one agency of a …
Article • October 15, 2011 • from PLN October, 2011
PLN Sues Kansas Jail Over No-Publication Policy by On August 31, 2011, Prison Legal News filed a federal lawsuit against the Board of Commissioners for Shawnee County, Kansas and Richard Kline, Director of the Shawnee County Department of Corrections. PLN’s suit alleges First Amendment violations due to a policy at …
Article • October 15, 2011 • from PLN October, 2011
Florida’s Prison Industry Criticized for Failing in Mission by David Reutter Florida’s prison industry program is “making a few people very wealthy while operating ... in a manner entirely inconsistent with its mission,” according to advisors to Governor Rick Scott, in a transition report released in December 2010. The mission …
Article • October 15, 2011 • from PLN October, 2011
Jail Guitar Doors, USA Offers Free Musical Instruments to Prisons by Bruce Reilly Long before words there was the drum, the beat, the foundation of all communication. Some drummers and musicians communicate through the most finely crafted instruments of their day. For the prisoner it is typically the sound of …
Article • October 15, 2011 • from PLN October, 2011
Oregon Prison Guard Guilty of Contraband Smuggling by On March 21, 2011, former Oregon prison guard Tara Martinmaas, 34, pleaded guilty to a felony charge of supplying contraband. She was sentenced to a two-year term of probation and ordered to pay over $1,500 in fees and have no contact with …
Article • September 15, 2011
Washington Jail's Denial of Good Time Without Hearing Violates Due Process by Division 3 of the Washington State Court of Appeals has held that the Ferry County Jail’s denial of good time credits to a prisoner without notice or a hearing violated the federal Due Process Clause. Kenneth Atwood, a …
Article • September 15, 2011
Washington Prisoners' Supervision Requirement That They not Have Sex without Prior "Consent and Approval" Upheld by Washington Prisoners' Supervision Requirement That They not Have Sex without Prior "Consent and Approval" Upheld Justin Autrey and Darrell Abbott, Washington state sex offenders, appealed trial court stipulations to their release from prison. Those …
Article • September 15, 2011
Washington Arbitration Awards Don't Accrue Interest until Reduced to Judgment by The Washington state Department of Corrections (DOC) contracted with Fluor Daniel, Inc. to build a prison. But later contract disputes resulted in litigation. Arbitration resulted in an award to Fluor of $5,997,645 which was reduced to judgment shortly thereafter …
Article • September 15, 2011
Washington Civil Commitment Trial Law Not Retroactive by Washington State’s Court of Appeals, Division I, has held that the Legislature’s amendment of RCW 71.09.090 did not apply retroactively, holding that amendment properly applies to prohibit new trials on commitment status for sexual predators on the sole basis of advancing age. …
Article • September 15, 2011
Working (with) the Media by Paul Wright By Paul Wright There are two types of lawyers, those who love the media, promptly return calls, are proactive about publicizing their cases, causes and clients, and those who fear the media. Some lawyers see the media as an enemy, hostile to their …
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