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Article • August 15, 2011 • from PLN August, 2011
Habeas Hints: Expert Testimony in Habeas Cases by Kent A. Russell by Kent Russell This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on habeas corpus under AEDPA, the 1996 habeas …
Article • August 15, 2011 • from PLN August, 2011
Idaho: Prison Doctor’s Treatment Fell Below Standard of Care by David Reutter by David M. Reutter The Idaho State Board of Medicine’s Prelitigation Screening Panel found that a prisoner at the CCA-operated Idaho Correctional Center had “borne his burden of proving by a preponderance of the evidence that Dr. [Stephen] …
Article • August 15, 2011 • from PLN August, 2011
Ninth Circuit Reverses Grant of Injunctive Relief in Ex Post Facto Challenge to Marsy’s Law by Michael Brodheim by Mike Brodheim The Ninth Circuit Court of Appeals has held that a district court abused its discretion in granting preliminary injunctive relief to a group of California life-term prisoners who challenged, …
Article • August 15, 2011 • from PLN August, 2011
California DOC Complies With Population Reduction Order in Plata v. Brown by John Dannenberg by John E. Dannenberg On June 7, 2011, a scant seven days after the U.S. Supreme Court’s historic ruling affirming a three-judge panel’s order to reduce overcrowding in California’s state prisons (Brown v. Plata, No. 09-1233 …
Habeas Unavailable for Federal Prisoners’ Medical Claims by Federal prisoners may not resort to habeas corpus to challenge inadequate medical care, the U.S. Court of Appeals for the Seventh Circuit decided on January 26, 2011. Charles Robinson sought habeas relief under 28 U.S.C. § 2241 after federal prison officials allegedly …
Merger Creates Largest Private Prison Medical Provider in U.S. by David Reutter On March 3, 2011, American Service Group, Inc. (ASG) and Valitás Health Services, Inc. (VHS) announced a planned merger of the two companies that would create the largest contractor for healthcare services in prisons and jails in the …
State Secrets Doctrine Requires Dismissal of Suit Involving CIA Torture Flights by On September 8, 2010, the Ninth Circuit Court of Appeals held the “valid assertion of the state secrets privilege” warranted dismissal of a lawsuit filed by suspects apprehended as part of the CIA’s extraordinary rendition program. The suit …
Article • August 15, 2011 • from PLN August, 2011
$4,000 Settlement for Arkansas Prisoner Pepper Sprayed by Guards by The Arkansas Department of Correction (ADOC) has paid $4,000 to settle a lawsuit brought by a prisoner who was pepper sprayed three times by guards. While confined at the Varner Supermax Unit in 2005, Eric Winston was repeatedly pepper sprayed. …
U.S. Supreme Court: No Monetary Damages Against States Under RLUIPA by On April 20, 2011, the U.S. Supreme Court ruled that state sovereign immunity bars recovery of monetary damages under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc, et seq. Harvey Leroy Sossamon III, a …
Virginia DOC Settles Lawsuit to Improve Communication for Deaf Prisoners by The Virginia Department of Corrections (VDOC) has agreed to settle a lawsuit brought by deaf prisoners. The settlement makes substantial changes to improve such prisoners’ ability to interact in the prison environment and rehabilitate themselves. “We believe the settlement …
Article • August 15, 2011
Investors in Montana Prison Left Holding the Bag as New Prison Sits Empty by David Reutter By David M. Reutter With the expansion of the prison industrialization complex in recent decades, many communities have turned to prisons as a means to generate economic activity. Considering the success of other small, …
Charges Against Phoenix New Times Editors Dropped/Private Prosecutor Dismissed by Matthew Clarke by Matt Clarke In the middle of the night of October 18, 2007, Phoenix New Times founders Michael Lacey and Jim Larkin were arrested at their homes and charged with revealing grand jury information for publishing an article …
Article • August 15, 2011
New York Jail “Incarceration Cost” Charges Enjoined by John Dannenberg by John E. Dannenberg The Supreme Court of Nassau County granted an Article 78 petition against Nassau County that enjoined it from charging non-indigent prisoners a “per diem” incarceration fee, thereby voiding Title 21 and 21-A of the Miscellaneous Laws …
Article • August 15, 2011
Michigan Auditor Finds Prisoner Health Care Delivery Inadequate by David Reutter By David M. Reutter The Michigan Department of Corrections’ (MDOC) efforts to comply with the requirement to deliver medical services are not effective. That is the conclusion drawn in an audit report issued in March 2008 by Michigan’s Office …
CCA Settles Wackenhut Transport Accident Suit for $200,000 by Jose Sandoval, an illegal immigrant who suffered injuries to his arm and spinal column in an automobile accident after his arrest by the Border Patrol, has received a $200,000 settlement from the Corrections Corporation of America (CCA). CCA had subcontracted its …
California Top Cop Sentenced to 5½ Years in Prison by Gary Hunter California Top Cop Sentenced to 5½ Years in Prison By Gary Hunter "I need a sheriff I can trust. Lying will not be tolerated in this courtroom, especially by the county's highest-ranking law enforcement officer." That's what U.S. …
Article • August 15, 2011
Mentally Ill NC Prisoner “Becomes Ill,” Quadriplegic; Billy Club Impressions Found 30 Hours Later by Mark Wilson By Mark Wilson “I lock in the hole now the staff say I die at Alexander” Correctional Institution (ACI), wrote mentally ill North Carolina prisoner Timothy Helms on June 20, 2008. Fifteen days …
Article • August 15, 2011
Oregon Jail Deaths Linked to Deficient Care, Misconduct by Mark Wilson By Mark Wilson In a March 13, 2008 report, the Multnomah County District Attorney’s Office concluded that at least two prisoners at the Multnomah County Detention Center (MCDC) – Oregon’s largest jail – died of inadequate medical care and …
Article • August 15, 2011
Mentally Ill Prisoners In South Dakota Are Receiving Inadequate Care by Derick Limberg By Derick Limberg According to statistics, South Dakota jails and prisons are failing to properly care for their mentally ill prisoners. A 2006 Department of Justice report found 56% of state and 64% of county prisoners reported …
Article • August 15, 2011
Widow of Slain Fulton County Judge Settles Lawsuit for $5.2 Million by David Reutter By David M. Reutter Georgia’s Fulton County has agreed to pay the widow of slain judge Rowland Barnes $5.2 million. Barnes was killed by Brian Nichols, who went on a killing rampage in March 2005 at …
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