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For-Profit Transportation Companies: Taking Prisoners, and the Public, for a Ride by Alex Friedmann According to the latest report from the U.S. Department of Justice, Bureau of Justice Statistics, as of June 2005 approximately 2.2 million people were incarcerated in prisons and jails nationwide not including immigration detention centers and …
CCA Fineable in New Contracts With Colorado and Hawaii by Matthew T. Clarke Corrections Corporation of America has signed new contracts with Colorado and Hawaii which, for the first time, include the possibility of the states imposing liquidated damages if CCA fails to provide the contracted services. The provisions resulted …
Fair Labor Standards Acts Minimum Wage Provision Not Applicable to Private Prisons by Fair Labor Standards Acts Minimum Wage Provision Not Applicable to Private Prisons The Seventh Circuit Appeals Court affirmed a lower courts decision that held prisoners are not entitled to the minimum wage provision of the Fair Labor …
Dismissal of §1983 Complaint Against Ohio CCA Prison Reversed by by Bob Williams The United States Court of Appeals for the DC Circuit has reversed the dismissal of a 42 U.S.C. § 1983 prisoner complaint against the CCA facility at Youngstown, Ohio, finding the complaint did state a claim of …
Virginia Federal Court: Over 47 Hours in by Virginia Federal Court: Over 47 Hours in Five-Point Restraint Unconstitutional by Matthew T. Clarke A federal court in Virginia held that prison officials violated a prisoner's constitutional rights when they strapped his ankles, wrists and chest to a bed for over 67 …
Guards Rape, Sexually Harass and Smuggle at Colorado Prisons by by Matthew T. Clarke There are new troubles at several prisons in Colorado. At a 250-bed GRW-run private prison in Brush, a tiny town 91 miles northwest of Denver, the newly-resigned ex-warden and two guards have been indicted in relation …
Article • October 15, 2005 • from PLN October, 2005
Denial of New Jersey Work Credits Violates Equal Protection by A New Jersey appellate court held that denying work credits to prisoners serving concurrent New Jersey sentences in other states violates the equal protection clause of the New Jersey Constitution. On February 11, 1978, Charles VanWinkle began serving a seventeen …
Article • October 15, 2005 • from PLN October, 2005
Parole Officers Not Absolutely Immune For Conduct Distinct From Parole Decisions by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that California Department of Corrections (CDC) parole officers were not absolutely immune from suit by a former prisoner who alleged he was re-incarcerated because the officers …
300 More Washington Prisoners Headed to CCA Prisons by As we predicted, Washington's sentencing reform" has sharply increased the state's prison population to approximately 17,6001,400 prisoner's overcapacityadding 2,100 prisoners within the last two years alone. Worse yet, nothing, including slashing sentences by up to 50 percent for a few hundred …
Ohio Appeals Court Upholds $7,820 Award for 70 Days Unlawful Incarceration by By Robert H. Woodman The Tenth District Court of Appeals of Ohio upheld a $7,820 damages award by the Ohio Court of Claims to Alton M. Stroud, a prisoner of the Ohio Department of Rehabilitation and Correction (DORC). …
Rhode Island Prisoner Awarded $3,900 for False Imprisonment by A Rhode Island jury awarded a prisoner $3,900 for false imprisonment on April 21, 2004. In August 1994, William Ross was incarcerated and held by the Rhode Island Department of Corrections (RIDOC) on a minor larceny charge. During his incarceration, the …
Uprising by Vermont Prisoners Damages CCA Prison in Kentucky by Matthew Clarke by Matthew T. Clarke On September 14, 2004, a prisoner uprising rocked the 816-bed, 88-acre Lee Adjustment Center (LAC), a private prison owned and operated by Corrections Corporation of America (CCA) in Lee County, Kentucky. The Prison LAC …
Article • March 15, 2005 • from PLN March, 2005
9th Circuit Explains Habeas Jurisdiction Under 28 U.S.C. § 2254, Upholds Washington Transfer to Priv by 9th Circuit Explains Habeas Jurisdiction Under 28 U.S.C. § 2254, Upholds Washington Transfer to Private Prison The U.S. Court of Appeals for the Ninth Circuit has held that a state prisoner serving time on …
Uprisings at CCA Prisons Reveal Weaknesses in Out-of-State Imprisonment Policies by by Matthew T. Clarke States strapped by tight budgets and pressed by a swell of prisoners are faced with the Hobson's choice of releasing prisoners early to ease overcrowding or building prisons they can ill afford to construct and …
Vermont Auditor's Report Blasts CCA and CMS by David Reutter by David M. Reutter The Keys to Success report issued by the Vermont State Auditor on May 26, 2004, concludes the Vermont Department of Corrections' (VDOC) "failure to monitor its contracts with private companies and individuals has resulted in significant …
Overcrowding Forces Alabama Prisoners Into Private Prison Web by Gary Hunter Court orders have forced Alabama to reduce the number of prisoners in its county jails and send half of its prison population to two other states. Until recently the Alabama Department of Corrections (DOC) had crammed 28,000 prisoners into …
Article • July 15, 2004 • from PLN July, 2004
District of Columbia May Be Liable for Prisoner's Inadequate Medical Care by District of Columbia May Be Liable for Prisoner's Inadequate Medical Care The U.S. Court of Appeals for the District of Columbia, reversing and remanding the district court, held that a D.C. prisoner incarcerated in a Virginia state prison …
Escaped New Hampshire Prisoners Caught Camping by Gary Hunter Three escaped New Hampshire pris-oners were captured at a Massachusetts campground just one day after their daring daylight getaway. Kevin Gil, Philip J. Dick and Christopher McNeil negotiated their temporary freedom from New Hampshire State Prison (NHSP) in Concord by cutting …
Wisconsin Prisoners' Riot Charges Expunged From Records by The Wisconsin Court of Appeals has affirmed a circuit court's order overturning and expunging seven prisoners' disciplinary infractions for participating in a riot, barring future disciplinary action premised upon the riot, but allowing proceedings for future administrative confinement for involvement in the …
Virginia: Stun Gun Implicated In Death, CMS Implicated In Coverup by by Michael Rigby Documents filed as part of a $204 million lawsuit directly, contradict the Virginia Department of Correction's (DOC) initial assertion that a stun gun played no role in the death of Lawrence James Frazier, and may implicate …
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