Working in Legal Field Not Prohibited While on Federal Supervised Release by Federal probation officers cannot restrict persons on supervised release from working as legal assistants, the U.S. Court of Appeals for the Eleventh Circuit held on April 8, 2009. Yraida L. Guanipa, convicted of attempted possession with intent to …
Florida Court Loses Jurisdiction to Enter Restitution Order upon Completion of Sentence by Florida’s Fifth District Court of Appeal has held that a trial court lacks authority to enter a restitution order against a defendant who has completed his sentence. The court’s order comes in the appeal of Kelly R. …
Florida Prisoner Entitled to Previous Prison Credit upon Probation Violation by Florida’s Fourth District Court of Appeal reversed a trial court’s order, dismissing a Rule 3.800(a) motion to correct an illegal sentence, remanding with instruction to make a notation in the written sentence that the prisoner is entitled to receive …
Eleventh Circuit Reverses Dismissal of Challenge to Florida DOC Ban on Pen Pal Requests by The Eleventh Circuit Court of Appeals has reversed a district court order dismissing a Florida prisoner’s civil rights action that challenged a prison policy which prohibited him from sending letters to churches and ministers requesting …
Denial of Bedding, Clothes to Florida Prisoner States Claim by Florida’s First District Court of Appeal held that a prisoner’s civil rights complaint alleging that a guard denied him blankets, bed sheets and clean clothing for four-and-a-half months, causing illness and injury, stated a claim that was sufficient to withstand …
Florida’s Private Prisons Still Lack Meaningful Oversight by David Reutter by David M. Reutter Florida’s Office of Program Policy Analysis and Government Accountability (OPPAGA) has issued a report that finds that oversight of the state’s private prisons has strengthened under the Department of Management Services (DMS) but significant weakness still …
Federal Prison Guards’ Convictions Affirmed in Sex Scandal by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has upheld the convictions of two guards convicted in a sex-for-contraband scheme at the Women’s Federal Correctional Institute in Tallahassee, Florida. PLN previously reported the arrests and indictments in …
Judge Not: Judges Benched for Personal Misconduct by by Gary Hunter & Alex Friedmann They decide hot-button topics ranging from abortion and racial discrimination to religious freedoms and contested elections. They can put you in prison or vindicate your civil rights. They can even sentence you to death. Who am …
Florida Guard Convicted of Assaulting Prisoner by On January 16, 2009, a federal jury in Jacksonville, Florida found a former state prison guard guilty of a federal felony civil rights violation for assaulting a prisoner in August 2005. The prisoner, who was not named, allegedly feigned illness by lying on …
Miami’s Sex Offender Bridge Encampment Continues to Grow by David Reutter by David M. Reutter Population: 52. That’s how many sex offenders have been forced to live under the Julia Tuttle Causeway in Miami, Florida as of March 2009. In late 2007, the population was only 19. [See: PLN, June …
BOP Failed to Protect Female Prisoner Informant from Rape, Sexual Abuse by Guards by Brandon Sample The federal Bureau of Prisons (BOP) was “woefully deficient” in failing to protect a female prisoner from sexual abuse by BOP guards, U.S. District Court Judge Cecilia M. Altonaga concluded in November 2008, following …
Causal Link Established by Prison Officials’ Failure to Protect Prisoner from Specific Threats by The Eleventh Circuit Court of Appeals held that two Florida prison officials could be held liable under 42 U.S.C. § 1983 for failure to act upon a prisoner’s request for protection when he specified the nature …
Florida and Oregon Prison Employees Face Sex Charges by On November 7, 2008, prison guard Geno Lewis Hawkins was arrested by the Florida Department of Law Enforcement (FDLE) and the Inspector General’s Office of the Florida Department of Corrections (FDOC) on a charge of sexual battery. In August 2008, FDLE …
Sexually Harassed Florida Prison Nurse’s Injunctive Relief Claim Moot by A Florida federal district court has denied summary judgment on monetary damages but granted it for injunctive and declatory relief, on motion brought by the Florida Department of Corrections (FDOC) in a lawsuit alleging gender discrimination and hostile work environment. …
PHS’s Policy of Profits over Medical Care Results in Death of Pregnant Prisoner’s Fetus by The Eleventh Circuit Court of Appeals has held that a prisoner is not required to exhaust administrative remedies that jail officials do not let prisoners know exist. Additionally, the appellate court held that a jail …
Eleventh Circuit Reverses Dismissal of 8th Amendment Medical Indifference Claim by The U.S. Court of Appeals for the Eleventh Circuit has reversed the dismissal of a lawsuit brought by a federal prisoner alleging deliberate indifference to his serious medical needs. Enrique Acosta brought suit against unknown named personnel of the …
COA Denied to Florida Prisoner Sentenced to Death for Killing Guard by The Eleventh Circuit Court of Appeals entered a detailed opinion denying a certificate of appealability to a Florida prisoner sentenced to death for murdering a guard while sitting on death row awaiting execution for two other murders. Before …
Lawsuits Challenge Prohibition on Prisoner Pen-Pal Services in Indiana, Florida by David Reutter Lawsuits Challenge Prohibition on Prisoner Pen-Pal Services in Indiana, Florida by David M. Reutter To the extent that an Indiana Department of Corrections (IDOC) policy “denies prisoners the right to advertise for pen-pals and receive material so …
As Economy Falters, Rehabilitative and Substance Abuse Programs Get the Axe by As Economy Falters, Rehabilitative and Substance Abuse Programs Get the Axe by Mark Wilson Facing the worst economic crisis since the Great Depression, states are slashing rehabilitative criminal justice programs in a desperate attempt to save money. Critics …
