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Federal Prisoner’s Death at FCI Pekin Triggers FBI Investigation by Derek Gilna The November 13, 2009 death of Adam Montoya, a prisoner at the Federal Correctional Institution (FCI) in Pekin, Illinois, resulted in an investigation by the FBI. The Associated Press (AP) reported that “an autopsy concluded that the 36-year-old …
Medical Examiners Lack Qualifications, Competence, Oversight by Matthew Clarke by Matt Clarke Most people will only have direct contact with a medical examiner, also known as a forensic pathologist, after they are dead. Thus, medical examiners have a certain mystic quality and are perceived as both doctors and sleuths who …
Article • January 15, 2011 • from PLN January, 2011
From the Editor by Paul Wright Welcome to our first issue of 2011. As we noted in last month’s issue, our second book, The Habeas Citebook: Ineffective Assistance of Counsel, was printed and started shipping. We have already received a lot of very positive feedback from readers and reviewers alike. …
Kentucky Jail Under Investigation After Prisoner Dies; Sexual Abuse, Financial Mismanagement Also Alleged by Derek Gilna The Big Sandy Regional Detention Center, a jail in Paintsville, Kentucky, became the focus of a Kentucky State Police investigation after the death of a prisoner in March 2009. Additionally, a jail guard was …
St. Louis Lockups Violate Constitutional Rights, ACLU Asserts by Mark Wilson A troubling investigative report by the American Civil Liberties Union of Eastern Missouri (ACLU-EM) has exposed a culture of abuse, corruption and cover-ups at the City Justice Center and the Medium Security Institution in St. Louis (CJC/MSI). The most …
Article • January 15, 2011 • from PLN January, 2011
Mentally Ill Prisoner Terrorized, Forced to Wear Pink Underwear by Arizona Jailers by In the world of Maricopa County Sheriff Joe Arpaio, safety and security demand that male prisoners wear pink underwear. Indeed, this is so important to Arpaio and his staff that detainees who refuse to change into pink …
California Prison Settles Prisoner’s Excessive Force Suit for $15,000 by On January 28, 2010, California prisoner Garrison S. Johnson, proceeding pro se, signed a settlement agreement to resolve a federal lawsuit he had filed pursuant to 42 U.S.C. § 1983, claiming violations of his civil rights by officials with the …
Article • January 15, 2011 • from PLN January, 2011
Texas Capital Defendants with Hired Attorneys Rarely Receive Death Sentences by Matthew Clarke by Matt Clarke In February 2010, the American Constitution Society for Law and Policy (ACS) published an issue brief on the relationship between hired defense counsel and the death penalty. The brief concluded that defendants charged with …
Article • January 15, 2011 • from PLN January, 2011
$16 Million Award Upheld in Wrongful Conviction Resulting from Undisclosed Evidence and Relationship by The Eighth Circuit Court of Appeals has affirmed a $16 million jury verdict in a civil rights action that alleged a police detective had violated the due process rights of a defendant convicted of child molestation …
Article • January 15, 2011 • from PLN January, 2011
UNICOR-Made Military Helmets Recalled, Production Suspended by Derek Gilna The U.S. Department of Justice is conducting an investigation into military contracts issued to ArmorSource, an Ohio company, and then subcontracted to Federal Prison Industries (FPI), commonly known as UNICOR, following the recall of 44,000 potentially defective combat helmets. According to …
Article • January 15, 2011 • from PLN January, 2011
$300,000 Settlement for New York Guard’s Fondling of Prisoner by The New York State Department of Correctional Services agreed to pay $300,000 to settle a prisoner’s Eighth Amendment claim involving a sexual assault. Arthur Kill Correctional Facility prisoner Stephen Lewis advised his unit guard on November 8, 2007 that he …
Article • January 15, 2011 • from PLN January, 2011
Kansas No Longer a Leader in Post-Release Prisoner Programs by Derek Gilna The Kansas program that as recently as two years ago was cited as a model for reintegrating prisoners into society after their release no longer exists, according to state Rep. Pat Colloton, who heads the House Committee on …
Article • January 15, 2011 • from PLN January, 2011
U.S. Department of Justice Releases Report on Deaths in Jails by Matthew Clarke by Matt Clarke In July 2010, the U.S. Department of Justice’s Bureau of Justice Statistics released a report on mortality in U.S. jails from 2000 through 2007. During the 8-year period covered by the report, 8,110 prisoners …
Article • January 15, 2011 • from PLN January, 2011
Former Ohio Prison Guard Dies Shackled to Hospital Bed by Matthew Clarke by Matt Clarke For five years, Jeff Maier, 53, was an Ohio prison guard. Then for 13 months he was an Ohio state prisoner. The change from one side of the bars to the other occurred after Maier …
Article • January 15, 2011 • from PLN January, 2011
Seventh Circuit Reverses Summary Judgment for Guard in Illinois Jail Taser Case by The U.S. Court of Appeals for the Seventh Circuit reversed a grant of summary judgment for a guard who Tasered a federal pre-sentencing detainee at the Jerome Combs Detention Center in Kankakee County, Illinois. The prisoner alleged …
Article • January 15, 2011 • from PLN January, 2011
Oregon Jail Guard Latest to be Indicted for Sexual Misconduct by Mark Wilson On May 13, 2010, Oregon jail guard Darin L. Fox was charged with having sexual contact with female prisoners. He was arrested and booked into the Clackamas County Jail, where he had worked since 1998. He was …
California: Parole Agents Saw and Spoke to Kidnap Victim, Yet Failed to Identify or Rescue Her by While providing a legal analysis of claims against the California Department of Corrections and Rehabilitation (CDCR), a June 25, 2010 letter from the California Department of Justice noted that Jaycee Lee Dugard – …
Civilly Committing Sex Offenders Strains Some States’ Budgets by Matthew Clarke by Matt Clarke The twenty states that have civil commitment programs will spend close to a half-billion dollars in 2010 to incarcerate and provide treatment for some 5,200 civilly-committed sex offenders. The per-offender cost for civil commitment is much …
Article • January 15, 2011 • from PLN January, 2011
Political Patronage Scandal Rocks Massachusetts Probation Department by Derek Gilna A May 2010 investigative report in the Boston Globe took the Massachusetts Probation Department to task for bypassing qualified candidates for available job positions, instead employing at least 250 friends, relatives and financial backers of politicians and top court officials. …
Article • January 15, 2011 • from PLN January, 2011
Massachusetts: Court Lifts Stay of Discovery in Challenge to Treatment of Mentally Ill Prisoners by David Reutter by David M. Reutter The Disability Law Center, Inc. (DLC) has obtained an order lifting a stay of discovery in its suit against the Massachusetts Department of Correction (MDOC). As previously reported in …
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