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Article • July 15, 2011 • from PLN July, 2011
The Incredible Honey Bun Behind Bars by David Reutter by David M. Reutter Things that are seemingly inconsequential to people outside of prison can quickly become something of great importance when made available to prisoners. The honey bun is one such item, which has taken on its own lore and …
Article • July 15, 2011 • from PLN July, 2011
Filed under: Limitations, Mail, Legal Mail
Ninth Circuit Applies Houston Mailbox Rule to § 1983 Actions by Ninth Circuit Applies Houston Mailbox Rule to § 1983 Actions The Ninth Circuit Court of Appeals has joined nine other Circuits in holding that the prison mailbox rule set forth in Houston v. Lack, 487 U.S. 266 (1988) applies …
Article • July 15, 2011 • from PLN July, 2011
Former Virginia Beach Sheriff Received Insider Information on Jail Contract by Matthew Clarke by Matt Clarke Within a few days after his retirement as Sheriff of Virginia Beach, Virginia in late 2009, Paul Lanteigne went to work for Conmed Healthcare Management, Inc. and began exchanging emails with and receiving documents …
Article • July 15, 2011 • from PLN July, 2011
Fifth Circuit: Habeas Petition Challenging Recent Parole Denial Not Considered Successive by Matthew Clarke by Matt Clarke On April 1, 2009, the Fifth Circuit Court of Appeals issued an order holding that a federal habeas corpus petition challenging procedures used to deny parole at a parole hearing which occurred after …
Article • July 15, 2011 • from PLN July, 2011
California Prisoner’s Life Sentence Upheld for Tossing Food Tray at Guard by Michael Brodheim by Mike Brodheim On January 3, 2011, the California Court of Appeal, Fifth District, affirmed a “three strikes” sentence of 25 years to life for a prisoner who, while confined in a security housing unit at …
Failure to Protect May Raise Claim Under Federal Tort Claims Act by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that it was inappropriate to grant summary judgment against a prisoner who was assaulted by gang members after he had warned prison officials of the danger …
New York: Double Jeopardy Prohibits Imposition of Post-release Supervision Once Defendant is Released from Custody by In a 5-2 decision on February 23, 2010, New York’s Court of Appeals, the state’s highest court, ruled that the double jeopardy clause of the U.S. Constitution prohibits the resentencing of a defendant to …
Fifth Circuit Clarifies Procedure for PLRA Failure-to-Exhaust Dismissals by The Fifth Circuit Court of Appeals held that summary judgment may be granted when a defendant alleges failure to exhaust administrative remedies under the Prison Litigation Reform Act (PLRA), but, in this particular case, the record was not sufficiently developed to …
Article • July 15, 2011 • from PLN July, 2011
A Cage by Any Other Name is Still a Cage: Mentally Ill California Prisoners Caged by Michael Brodheim by Mike Brodheim A rose by any other name, Shakespeare wrote, would still smell as sweet. In California the question is, does referring to a cage as a “therapeutic module” make it …
Article • July 15, 2011 • from PLN July, 2011
Ninth Circuit Denies Arizona Prisoner Access to Dedicated Discharge Account by In a September 27, 2010 decision, the Ninth Circuit Court of Appeals affirmed a district court’s order denying Arizona prisoner Timmy Lee Ward access to a dedicated discharge account while he was still imprisoned. Ward alleged that since his …
Article • July 15, 2011 • from PLN July, 2011
Queer (In)justice: The Criminalization of LGBT People in the United States, by Joey L. Mogul, Andrea J. Ritchie and Kay Whitlock (Beacon Press, Feb. 2011), 216 pages, $27.95 by Daniel R. Schaffer Reviewed by Daniel R. Schaffer Queer (In)justice (QI) is a useful and necessary tool for Lesbian, Gay, Bisexual, …
“America’s Sheriff” Begins Serving Federal Prison Sentence by In January 2011, Michael S. Carona, the former sheriff of Orange County, California, turned himself in to prison officials at the Federal Correctional Institution Englewood in Littleton, Colorado to begin serving a 5 1/2-year sentence following his 2009 conviction for witness tampering. …
Article • July 15, 2011 • from PLN July, 2011
Filed under: News, News in Brief
News In Brief by Hawaii: On April 7, 2011, former Oahu Community Correctional Center guard Ryan Malasig, 44, wept at his sentencing hearing after pleading no contest to sexually assaulting a transgender prisoner in 2009. Malasig had forced the prisoner to perform oral sex on him; the prisoner kept a …
Article • July 15, 2011
Pierce County, Washington Pays $1,500 for Vehicle Damage by Washington State’s Pierce County paid $1,500 for vehicle damage caused by a county prisoner transport vehicle. On April 8, 2008 Robert B. Smith IV was stopped with traffic in the city of Tacoma. Guard Mitchell Andreasen, who was driving a Peirce …
Article • July 15, 2011
Pierce County, Washington Personal Injury Results in $1,200 Settlement by Washington State’s Pierce County paid $1,200 to settle a prisoner’s personal injury claim. In October 2001, prisoner James E. Thomas had a grand mal seizure, which caused him to have a spinal injury, while in court at the Pierce County …
Article • July 15, 2011 • from PLN July, 2011
Vermont Parole Law Change Violates Ex Post Facto Clause by On November 2, 2010, a Vermont state court held that changes to Vermont’s parole laws requiring certain prisoners to serve 70% of their maximum sentences violate the Ex Post Facto Clause of the U.S. Constitution when applied to prisoners whose …
Tenth Circuit Vacates Class Certification in Jail Conditions Suit; Case Settles Following Remand by Mark Wilson On February 4, 2009, the Tenth Circuit Court of Appeals granted a Colorado sheriff’s interlocutory appeal challenging a class certification order and remanded the case for further proceedings, where it eventually settled in April …
Ninth Circuit: Despite Award of Only Nominal Damages, Attorney Fees Appropriate in § 1983 Wrongful Death Suit by Ninth Circuit: Despite Award of Only Nominal Damages, Attorney Fees Appropriate in § 1983 Wrongful Death Suit Despite a jury’s award of only nominal damages, the Ninth Circuit affirmed the award of …
Massachusetts Supreme Judicial Court Clarifies Erroneous Conviction Claims by Matthew Clarke by Matt Clarke On November 23, 2010, the Massachusetts Supreme Judicial Court issued a pair of opinions that clarify the requirements for suing the state for compensation following an erroneous conviction. Specifically, the Court clarified the requirement that the …
Article • July 15, 2011 • from PLN July, 2011
Fourth Circuit Upholds Federal Civil Commitment Statute Against Constitutional Challenge by The procedures for civil commitment of “sexually dangerous” federal offenders do not violate due process, the U.S. Court of Appeals for the Fourth Circuit held on December 6, 2010. In 2006, the United States initiated civil commitment proceedings against …
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