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Article • August 15, 2011 • from PLN August, 2011
Placement in Maximum Security Facility May Trigger Due Process Protections; Religious Diet Claims Remanded by The U.S. Court of Appeals for the Sixth Circuit has reversed a district court’s grant of summary judgment to Michigan prison officials in a procedural due process and religious diet lawsuit. Lamont Bernard Heard received …
$1.2 Million Awarded Against PHS After Florida Jail Prisoner Paralyzed by A federal jury in Florida has awarded $1.2 million to a former prisoner who was paralyzed due to deliberate indifference to his serious medical needs while he was incarcerated at the Lee County Jail. The jury found that the …
Article • August 15, 2011 • from PLN August, 2011
Fifth Circuit Vacates Dismissal of Habeas Challenge to Texas Parole Changes by On February 2, 2011, the Fifth Circuit Court of Appeals vacated a district court’s judgment dismissing a prisoner’s challenge to retroactive changes in Texas parole procedures. Matthew Clarke, a Texas state prisoner and PLN contributing writer, filed a …
Article • August 15, 2011 • from PLN August, 2011
Report Finds Prior Incarceration Hinders Upward Economic Mobility by Matthew Clarke by Matt Clarke The Pew Charitable Trusts’ Economic Mobility Project and Public Safety Performance Project issued a collaborative report in September 2010 on the impact of incarceration on economic mobility. The report found a strong negative effect of incarceration …
Article • August 15, 2011 • from PLN August, 2011
California Prisoners Still Forced to Drink Arsenic-Laced Water by David Reutter by David M. Reutter Prisoners at California’s Kern Valley State Prison in Delano are being slowly poisoned through their drinking water. The “state of the art” facility opened at a cost of $379 million in 2005; the water problem …
Article • August 15, 2011 • from PLN August, 2011
Judge Rejects Challenge to BOP’s Special Administrative Measures by Brandon Sample On January 27, 2011, U.S. District Court Judge Lewis T. Babcock dismissed a lawsuit challenging Special Administrative Measures (SAMs) imposed by the federal Bureau of Prisons (BOP). SAMs are authorized under 28 C.F.R. § 501.3(a). Mohamed Rashed Daoud Al-Owhali, …
Article • August 15, 2011 • from PLN August, 2011
Supreme Court Allows § 1983 Challenge to Texas Post-Conviction DNA Testing Law by Supreme Court Allows § 1983 Challenge to Texas Post-Conviction DNA Testing Law On March 7, 2011, the U.S. Supreme Court held that a Texas prisoner could challenge the due process he received under Texas’ post-conviction DNA testing …
Washington Supreme Court Upholds Decision Against State Attorney General for Failure to Comply with Public Records Act by On September 16, 2010, the Supreme Court of the State of Washington, sitting en banc, upheld a lower court’s finding that the Attorney General’s Office had failed to produce requested documents under …
U.S. Supreme Court Overturns Wrongful Conviction Suit Against New Orleans DA, Vacates $14 Million Judgment by Derek Gilna by Derek Gilna and Brandon Sample In a March 29, 2011 five-to-four decision, the U.S. Supreme Court ruled against a former Louisiana prisoner who filed a § 1983 suit against Orleans Parish …
Oklahoma Gladiator Discipline Results in Prisoner’s Death by The estate of a prisoner killed by his codefendant claimed in a lawsuit that guards at the Oklahoma State Penitentiary (OSP) used a “gladiator system” to discipline prisoners. Paul David Duran, Jr., 24, and Jesse James Dalton, 33, were convicted on charges …
Article • August 15, 2011 • from PLN August, 2011
New York Prisoners Man Call Centers by The current era of budget deficits and fiscal austerity has made prison labor fashionable, at least in the eyes of some government officials. For nearly two decades, New York State’s Department of Motor Vehicles (DMV) has been operating a call center from New …
Article • August 15, 2011 • from PLN August, 2011
Filed under: Medical, Vision
Fifth Circuit Upholds $355,000 Award Against Dallas County in Jail MRSA Case by On January 13, 2011, the Fifth Circuit Court of Appeals upheld a judgment in a lawsuit filed by a former prisoner who contracted Methicillin-Resistant Staphylococcus Aureus (MRSA) while incarcerated at the Dallas County Jail, resulting in the …
Article • August 15, 2011 • from PLN August, 2011
Federal Court Dismisses PLN’s Texas Prison Censorship Suit; Appeal Pending by On January 4, 2011, a Texas federal district court dismissed PLN’s challenge to censorship of books by the Texas Department of Criminal Justice (TDCJ). PLN had filed a civil rights suit under 42 U.S.C. § 1983 against TDCJ Executive …
Article • August 15, 2011 • from PLN August, 2011
State Ordered to Reimburse Prisoner Who Was Not Allowed to Complete College Classes by An Illinois prisoner was awarded $1,225 by a state Court of Claims for tortious interference with a business relationship by the Illinois Department of Corrections (IDOC). While incarcerated at Stateville Penitentiary, Marshan Terrell Allen received permission …
Article • August 15, 2011 • from PLN August, 2011
Texas Prison Phones and Emails Generate Less Revenue Than Expected by When the Texas legislature passed SB 1580 in 2007, requiring the Texas Department of Criminal Justice (TDCJ) to install phones in state prisons, Texas was the only state that did not allow prisoners to make regular phone calls. Even …
Washington State Regulatory Agency Finds AT&T Failed to Disclose Prison Collect Call Rates by Brandon Sample Washington State Regulatory Agency Finds AT&T Failed to Disclose Prison Collect Call Rates by Derek Gilna and Brandon Sample On March 31, 2011, AT&T Communications of the Pacific Northwest was found guilty by the …
American “Corrections” by Mumia Abu-Jamal At SCI Pittsburgh in Woods Run, Pennsylvania, prisoners and guards alike made the phenomenon of imprisonment more hellish than usual. That’s because, according to at least one broadcast report, men at the medium- to minimum-security lock-up, particularly those convicted of sexual assaults against children, were …
Article • August 15, 2011 • from PLN August, 2011
Oregon Jail Pneumonia Death Lawsuit Settles for $905,000 by Mark Wilson The estate of a woman who died of pneumonia at the Multnomah County Detention Center (MCDC) in Portland, Oregon has agreed to settle a federal wrongful death suit for $905,000. Homeless heroin addict Holly Jean Casey, 36, was arrested …
Article • August 15, 2011 • from PLN August, 2011
Los Angeles Jail Guards Beat Prisoner in Front of ACLU Monitor by David Reutter by David M. Reutter A monitor with the American Civil Liberties Union of Southern California (ACLU/SC) witnessed the brutal beating of a prisoner at the Twin Towers Correctional Facility by two Los Angeles County sheriff’s deputies. …
Terminated South Carolina Wardens Awarded a Total of $882,000 by Mark Wilson On December 22, 2010, the South Carolina Court of Appeals upheld a $372,000 verdict in favor of a prison warden who was wrongfully terminated by the South Carolina Department of Corrections (SCDC). In 2002, SCDC Investigator Karen Hair …
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