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Book Review: Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy by Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy, by Dr. Heather Ann Thompson (Pantheon Books, 2016). 752 pages, $24.00 (hardcover) Book review by Alan Mills Anyone who wants to …
Article • November 7, 2016 • from PLN November, 2016
Federal Prisoner Tells President “No Thanks” to Offer of Clemency with RDAP Condition by Derek Gilna Federal prisoner Arnold Ray Jones was one of almost 30,000 applicants seeking executive clemency from President Obama, including those who took part in Clemency Project 2014, which was launched to provide much-needed relief to …
Tenth Circuit: No Summary Judgment on Official Capacity Claims by Mark Wilson The Tenth Circuit Court of Appeals reversed a district court’s denial of summary judgment on individual capacity claims against an Oklahoma sheriff related to a prisoner’s suicide. The appellate court held it lacked jurisdiction to consider official capacity …
Article • November 7, 2016 • from PLN November, 2016
Allocation of Fault Required in Verdict Regarding Alaska Detainee’s Suicide; Case Settles for $900,000 by In September 2015, the Alaska Supreme Court vacated a $1,078,233 judgment in a lawsuit alleging the City of Hooper Bay was liable in the suicide of a 21-year-old detainee in a police holding cell. The …
Article • November 7, 2016 • from PLN November, 2016
Federal Court Upholds New York Prison System’s Denial of Motorized Wheelchairs; Second Circuit Reverses by Matthew Clarke In a September 30, 2015 order, a fed­eral district court held that the New York Department of Corrections and Community Supervision (DOCCS) could deny prisoners the use of wheelchairs with electric motors because …
Article • November 7, 2016 • from PLN November, 2016
Oregon Parole Board Incorrectly Prohibited Legal Assistant from Speaking at Parole Hearing by Mark Wilson Last year, the Oregon Court of Appeals held that a prisoner was improperly compelled to choose between having his mother or a legal assistant speak on his behalf at a parole hearing. Oregon state prisoner …
ACLU Sues California as Incompetent Defendants Wait in Jail for Mental Health Treatment by Joe Watson The ACLU filed a lawsuit last year on behalf of defendants declared incompetent to stand trial who languish in county jails across California while they await transfers to state mental health facilities. When the …
Collecting Unpaid Booking Fees in Colorado may be Illegal, Experts Say by Joe Watson According to legal experts, unpaid jail booking fees that sheriff’s departments across Colorado have collected for years may violate state law if the fees are being taken from people who are repeatedly arrested, such as the …
Alaska Prisons and Jails Filled with Mentally Ill Prisoners by David Reutter Correctional facilities in Alaska are confronted with a record number of prisoners with mental illnesses. In February 2016, KTUU reported that 65% of Alaskan prisoners suffered from some form of mental health problem while 80% had drug or …
Article • November 7, 2016 • from PLN November, 2016
Pennsylvania Supreme Court Upholds Death Penalty Moratorium by David Reutter Pennsylvania Governor Tom Wolf imposed a moratorium on the death penalty in early 2015; predictably, the move was lauded by opponents of capital punishment and despised by those in favor of the death penalty. State prosecutors petitioned the Pennsylvania Supreme …
Indiana Federal Court Certifies Habeas Corpus Class of Prisoners Disciplined for Refusing to Admit Guilt in Sex Offender Program by Matthew Clarke On September 30, 2015, a U.S. district court certified a class of Indiana state prisoners who refused to admit their guilt as part of the Indiana Sex Offender …
Hunger Strikes by Immigrant Detainees Expose Abuses by ICE, Private Detention Centers by Joe Watson A series of hunger strikes over the past two years by detainees at federal immigration detention facilities from Washington state to Pennsylvania have called for an end to the incarceration and deportation of undocumented immigrants, …
Federal Judge Orders Texas Department of Criminal Justice to Provide Safe Water to Prisoners by Derek Gilna On June 21, 2016, U.S. District Court Judge Keith Ellison ordered the Texas Department of Criminal Justice (TDCJ) to provide prisoners at the Wallace Pack Unit in Navasota with drinking water free of …
Oregon Prison Parenting Program Dramatically Reduces Recidivism by Mark Wilson Oregon prisoners who complete a parenting program are significantly less likely to engage in criminal behavior and substance abuse after release, a long-term study found. More than half of America’s 2.3 million prisoners have children under the age of 18 …
Class-action Certified in Challenge to Treatment of Mentally Ill Mississippi Prisoners by David Reutter In September 2015, a Mississippi federal district court certified as a class-action a lawsuit challenging the treatment and conditions afforded mentally ill prisoners at the East Mississippi Correctional Facility (EMCF). The court further held that the …
Article • November 7, 2016 • from PLN November, 2016
Supervised Release Term Does Not Limit Prison Sentence Upon Violation by The Eleventh Circuit Court of Appeals held “that upon revocation of supervised release a defendant may be sentenced to the felony class limits contained in [18 U.S.C.] § 3583(e)(3) without regard to imprisonment previously served for revocation of supervised …
Wayward Prosecutors Go Unpunished as Prison Time for Victims Piles Up by by Brooke Williams & Shawn Musgrave Massachusetts prosecutors have violated defendants’ rights to a fair trial regularly and without punishment, even as wrongfully convicted victims of tainted prosecutions have spent years in prison before being freed, decades of …
Article • November 7, 2016 • from PLN November, 2016
From the Editor by Paul Wright By now everyone should have received our special fundraiser issue, which includes our 2015 annual report. We don’t get many visitors to our office in Lake Worth, Florida, and when we do reactions tend to fall into two categories when people realize we have …
Article • November 7, 2016 • from PLN November, 2016
Filed under: News in Brief
News in Brief by California: The Los Angeles Police Department arrested an 81-year-old African American man for going “off topic” while giving public testimony at a June 21, 2016 Police Commission meeting, dragging him from the podium. Tut Hayes spoke weekly at the Commission meetings and had previously been arrested …
Brief • November 7, 2016
USA v. Dimasi, MA, Memorandum and Order re Amended Sentence II, Government Corruption, 2016 Case Case1:09-cr-10166-MLW 1:09-cr-10166-MLW Document Document910-1 909 Filed Filed11/17/16 11/17/16 Page Page11ofof69 69 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA, V. SALVATORE F. Cr. No. 09-10166-MLW DIMASI, Defendant. MEMORANDUM AND ORDER WOLF, D.J. …
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