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Article • August 15, 2011 • from PLN August, 2011
Sixth Circuit Reinstates Michigan Prisoner’s Denial of Toothpaste Suit by On May 6, 2010, the U.S. Court of Appeals for the Sixth Circuit reversed the dismissal of a Michigan prisoner’s federal civil rights lawsuit in which he claimed he was denied toothpaste for nearly a year. In January 2005, while …
California: Court Monitoring of Conditions at Pelican Bay State Prison Terminated by On March 21, 2011, the Honorable Thelton E. Henderson, U.S. District Court Judge for the Northern District of California, issued an order terminating all remaining aspects of federal court monitoring of conditions at Pelican Bay State Prison. In …
Article • August 15, 2011 • from PLN August, 2011
Illinois Prison Guards Scam Workers’ Comp by Brandon Sample The chairman of the Illinois Workers’ Compensation Commission (IWCC) has called for an investigation of workers’ comp claims filed by guards at the maximum-security Menard Correctional Center. Since January 2008, over 500 workers’ compensation claims have been filed by Menard guards. …
Article • August 15, 2011 • from PLN August, 2011
Big Win for Open Government in Vermont Legislature: Attorney Fees Now Mandated for Prevailing Plaintiffs in Public Records Lawsuits by Allen Gilbert Vermont’s public records law will be getting a makeover thanks to a push from open government advocates, the administration of newly-elected Governor Peter Shumlin and a legislature that …
Seventh Circuit: Court May Not Revoke Supervised Release via Videoconference by Matthew Clarke by Matt Clarke On March 19, 2010, the Seventh Circuit Court of Appeals held that a federal district court violated Rule 32.l(b)(2) of the Federal Rules of Criminal Procedure when the judge used videoconferencing technology to appear …
Article • August 15, 2011 • from PLN August, 2011
$450,000 Settlement in Alabama Jail Prisoner’s Death by David Reutter by David M. Reutter The estate of a prisoner who died at Alabama’s Washington County Jail has agreed to accept $450,000 to settle a wrongful death suit. Shawn Desmond Woodard, 33, was being held at the Washington County Jail on …
Article • August 15, 2011 • from PLN August, 2011
Filed under: Organizing, Voting
Ninth Circuit Upholds Arizona’s Felon Disenfranchisement Law by David Reutter by David M. Reutter The Ninth Circuit Court of Appeals held on May 27, 2010 that Arizona’s felon disenfranchisement law does not violate the Fourteenth Amendment. The law is based on Arizona’s Constitution, which provides that anyone convicted of treason …
Article • August 15, 2011 • from PLN August, 2011
Filed under: News, News in Brief
News In Brief by Alabama: A prisoner’s refusal to surrender a contraband cell phone to guards led to an uprising at the Holman prison in April 2011 that was quelled by the facility’s SORT team. “The inmates did not take over the unit. What actually happened, the supervisor came on …
Article • August 15, 2011
Wisconsin Pretrial Detainees Subject To Same Conditions As Prisoners by Wisconsin State pro se detainee patient at the Sand Ridge Secure Treatment Center (Center), Eric Hendrickson, brought federal action and alleged state law violations against the State and the Center. He claimed violation for being a pretrial detainee but being …
Article • August 15, 2011
California’s Child Abuse Database (CACI) Violated Due Process by Mark Wilson By Mark Wilson The Ninth Circuit Court of Appeals held that California’s “Child Abuse Central Index” (CACI) database violates due process because identified individuals are not given a fair opportunity to challenge the allegations against them. Under California Penal …
Article • August 15, 2011 • from PLN August, 2011
Filed under: Work, Prison Industries
Ohio Prison Industry Cranks Out Crappy Toilet Paper by David Reutter by David M. Reutter The foray by Ohio Penal Industries (OPI), a branch of the Ohio Department of Rehabilitation and Correction, into manufacturing toilet paper has turned out to be a crappy deal for taxpayers. OPI creates a wide …
Article • August 15, 2011 • from PLN August, 2011
Provision in Florida Law Prohibits Compensation to Wrongfully Convicted by David Reutter by David M. Reutter A “clean hands” provision in a Florida law designed to compensate wrongfully convicted prisoners is preventing most of those prisoners from receiving compensation. Of 13 men cleared by DNA evidence in Florida, only one …
Article • August 15, 2011 • from PLN August, 2011
U.S. Department of Justice Seeks $28.2 Billion Budget by Despite initial reports that the Justice Department’s 2012 budget would decrease, the latest numbers indicate the Department will seek a 2% increase, including a 10% hike for prison operations. During a February 14, 2011 public news briefing, Deputy Attorney General James …
Washington Prison Guards Sue Prisoners by Brandon Sample Prisoners who attack Washington state prison guards can add one more potential consequence to their actions – garnishment of their commissary accounts. The effort to garnish prisoners’ accounts is being spearheaded by the Washington Staff Assault Task Force (WSATF), a group of …
Article • August 15, 2011 • from PLN August, 2011
Prison Records Officer Entitled to Qualified Immunity; No Evidence of Deliberate Indifference to Sentencing Errors by Mark Wilson On April 22, 2010, the Third Circuit Court of Appeals held that a Pennsylvania prison records officer was entitled to qualified immunity for a prisoner allegedly being confined 10 months beyond his …
Article • August 15, 2011 • from PLN August, 2011
$17.5 Million Verdict for Diabetic Prisoner in New York by A diabetic prisoner who was denied insulin by officers with the New York Police Department (NYPD) was awarded $17.5 million by a Brooklyn jury on October 19, 2010. For nearly 58 hours after Jose Vargas’ arrest on drug charges in …
Insider Trading Charges Against Private Prison Consultant Rejected by David Reutter by David M. Reutter A Florida federal district court has rejected insider trading charges brought against a consultant for Correctional Services Corporation (CSC). The civil complaint, filed in September 2008 by the Securities and Exchange Commission (SEC), charged Dr. …
Article • August 15, 2011 • from PLN August, 2011
Louisiana Attorney Permanently Disbarred but Not Criminally Charged for Pimping Child to Jail Prisoners by David Reutter by David M. Reutter An attorney’s failure to respect the authority of the Louisiana Supreme Court, “as well as his use of his position as an attorney to obtain sexual gratification at the …
Article • August 15, 2011 • from PLN August, 2011
Filed under: Organizing, Voting
Voting Rights Must Be “Earned” Back, Says Iowa Governor by Brandon Sample Regaining voting rights for former felons in Iowa just got harder. Making good on a campaign promise, the newly-elected governor of Iowa, Terry Branstad, a Republican, has rescinded a July 4, 2005 executive order that allowed felons to …
Article • August 15, 2011 • from PLN August, 2011
Hawaii State Auditor Blasts Private Prison Contracting; State Renews Contract Anyway by On December 29, 2010, the State Auditor of Hawaii released a report highly critical of the way the Hawaii Department of Public Safety (DPS) contracts for private prison beds on the U.S. mainland. The report found that the …
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