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Article • October 15, 2010 • from PLN October, 2010
Filed under: Death Row, Visiting
Georgia Ends Contact Visits for Death Row Prisoners by David Reutter by David M. Reutter Three non-execution deaths on Georgia’s death row in as many months, including two suicides, resulted in a focus on conditions for condemned prisoners at the Georgia Diagnostic and Classification Prison. The response by prison officials …
Texas Controversy: Governor Guts Forensic Science Commission by Matthew Clarke by Matt Clarke Texas Governor Rick Perry caused considerable controversy on Sept. 30, 2009 when he replaced three members of the Texas Forensic Science Commission, just two days before the commission’s hearing on a report that an innocent man may …
Article • October 15, 2010 • from PLN October, 2010
Seventh Circuit Upholds Ban on Dungeons & Dragons by Brandon Sample Seventh Circuit Upholds Ban on Dungeons & Dragons by Brandon Sample The Wisconsin Department of Corrections (DOC) may prohibit the Dungeons & Dragons (D&D) role-playing game and D&D-related publications without violating the First Amendment, the U.S. Court of Appeals …
Article • October 15, 2010 • from PLN October, 2010
For Lease: Never-Used 525-Bed Oregon Jail, $45 Million or Best Offer by Mark Wilson A seemingly good idea before the housing market collapsed, the 525-bed, $58 million Wapato Jail has sat empty in Portland, Oregon since construction was completed in 2004. County taxpayers are paying approximately $5 million annually on …
Article • October 15, 2010 • from PLN October, 2010
New York Prison Superintendents Live in Lap of Luxury on Taxpayer Subsidy by On the heels of a report that suggests ways to trim costs of New York’s prison system, several state legislators are calling for an end to subsidizing luxurious homes for prison superintendents. Residences for prison guards and …
U.S. Supreme Court: No Bivens Remedy Available Against PHS Staff by Brandon Sample On May 3, 2010, the U.S. Supreme Court held that employees of the U.S. Public Health Service (PHS) may not be sued for constitutional violations under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971). …
Third Circuit Reverses $642,398.57 Attorney Fee Award for RFRA Claim by Immigration Prisoner by The Third Circuit Court of Appeals reversed an immigration detainee’s $642,398.57 attorney fee award, finding that “the District Court’s degree of success inquiry under § 1988 was based on an impermissible reconstruction of the jury verdict.” …
Fraudsters Sentenced in Cornell Prison Construction Scheme by Brandon Sample A man who bilked almost $13 million from Cornell Corrections Corp. has been convicted of federal fraud and conspiracy charges, while two co-defendants pleaded guilty. In February 2010, Robert B. Surles was convicted by a federal jury in Atlanta, Georgia …
Article • October 15, 2010 • from PLN October, 2010
Successful Appellate Ruling Invalidating Statute Creates Prevailing Party for Attorney Fee Award by David Reutter by David M. Reutter The Washington State Supreme Court has held that a litigant who successfully gets an appellate court to vacate a prison disciplinary infraction and declare a statute unconstitutional is a prevailing party …
Article • October 15, 2010 • from PLN October, 2010
Exhaustion Excused Where Warden Misled Prisoner During Grievance Process by Brandon Sample Failure to exhaust administrative remedies may be excused when prison officials mislead a prisoner during the grievance process, the U.S. Court of Appeals for the Ninth Circuit decided on January 11, 2010. In May 2002, prisoner Gerson Nunez …
Article • October 15, 2010 • from PLN October, 2010
Ninth Circuit: Los Angeles County Not Liable for Occasional Over-Detentions by Michael Brodheim In an official-capacity action brought under 42 U.S.C. § 1983 against Los Angeles County Sheriff Leroy D. Baca, the plaintiffs alleged they remained in the custody of the Sheriff’s Department, in violation of their constitutional rights, for …
Female Assistant Attorney General Pleads Guilty in Wife-Beating Case by Mark Wilson An Oregon Assistant Attorney General (AAG) who defends against prisoners’ appeals in criminal cases was recently arrested for punching and strangling her wife; she entered treatment and pleaded guilty two weeks later. On February 12, 2010, AAG Susan …
Article • October 15, 2010 • from PLN October, 2010
Sexual Abuse of Youths at Tennessee Juvenile Facility Widespread by David Reutter by David M. Reutter A February 2010 news report by The Tennessean, Nashville’s daily newspaper, revealed that juvenile offenders are regularly sexually abused at the Woodland Hills Youth Development Center. The investigation followed a U.S. Department of Justice …
Thou Shalt Not: Sexual Misconduct by Prison and Jail Chaplains by David Reutter by David M. Reutter Traditionally, the role of a chaplain in the correctional setting is to serve as a spiritual advisor to prisoners and help them meet the requirements of their religious faiths. Equally traditionally, chaplains have …
Article • September 15, 2010 • from PLN September, 2010
Filed under: Organizing, Clergy
Clergy Who Advocate for Prisoners Barred from Prisons and Jails by As described in this month’s cover story, prison and jail chaplains accused of sexual misconduct often resign, retire, are fired or are sometimes prosecuted. In other cases, though, well-meaning clergy members who seek to help prisoners have been locked …
Article • September 15, 2010 • from PLN September, 2010
Federal Court Finds Nation of Islam Publication Not Racially Inflammatory by David Reutter by David M. Reutter On March 31, 2010, a Louisiana U.S. District Court held that the denial of access to a religious publication based solely on the inclusion of a section called “The Muslim Program” was a …
Article • September 15, 2010 • from PLN September, 2010
From the Editor by Paul Wright After 20 years of publishing Prison Legal News I have been asked if it ever gets old or if I get tired of reporting the same news for decades. While there are common themes in prison and jail news over the years (medical neglect …
$35,000 Settlement in Indiana Jail Failure to Protect and Medical Care Suit by David Reutter by David M. Reutter & Mark Wilson Indiana’s Marion County Jail (MCJ) has paid $35,000 to settle a federal civil rights complaint that alleged deliberate indifference to a prisoner’s safety and serious medical needs. The …
Article • September 15, 2010 • from PLN September, 2010
Boulder Weekly Investigation Ends the Practice of Shackling Colorado Prisoners in Labor by Pamela White Ryan Owens caught her first case at age 27 after becoming addicted to methamphetamine. She was sent into treatment, but relapsed almost immediately after graduating. When she got into trouble again, she went on the …
$10 Million Settlement for Former Colorado Prisoner Cleared by DNA by David Reutter by David M. Reutter On February 16, 2010, Colorado’s Larimer County Commission approved a $4.1 million settlement with a former prisoner who served 10 years of a life sentence for a murder he didn’t commit. The settlement …
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