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Everything Revolves Around Overcrowding: The State of California’s Prisons by Donald Specter by Donald Specter, Director, Prison Law Office I. Introduction California has the nation’s largest and the world’s third-largest prison system.1 In two separate class action lawsuits, filed a decade apart, California prisoners sued the governor and corrections officials …
Article • August 15, 2010 • from PLN August, 2010
From the Editor by Paul Wright This month’s cover story on Plata v. Schwarzenegger is an ample illustration of the political failures that have led to the current state of the criminal justice system around the country. Namely the lack of political will to ensure public safety and to respect …
Article • August 15, 2010 • from PLN August, 2010
Wheelchair-bound Texas Escapee Produces Pistol, Commandeers Transport Van by Matthew Clarke by Matt Clarke On November 30, 2009, a maximum-security Texas state prisoner who was shackled to a wheelchair in the back of a transport van while being transferred between prisons pulled out a pistol, commandeered the van, handcuffed the …
Article • August 15, 2010 • from PLN August, 2010
U.S. Supreme Court: Counsel Must Advise Immigrant Defendants of Deportation Risks by An immigrant charged with a criminal offense must be advised of the deportation consequences associated with pleading guilty, the U.S. Supreme Court held on March 31, 2010. Jose Padilla was charged with drug trafficking after he was caught …
Controversy Over Texas Attorneys Charging Questionable Fees in Wrongful Conviction Cases by Matthew Clarke by Matt Clarke On September 17, 2009, Steven Charles Phillips, a former Texas prisoner who spent 24 years in prison on a rape charge before being exonerated in 2008, filed suit in Dallas County district court …
$4.3 Million Award in Preventable Death of Cook County Pretrial Detainee by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals has affirmed a jury’s $4.3 million award to the estate of a pretrial detainee. The jurors found that guards at the jail in Cook County, Illinois …
Article • August 15, 2010 • from PLN August, 2010
Incomplete DNA Databases Result in Tragic Consequences by Justin Miller A review by the Associated Press has found that state crime lab databanks are missing thousands of DNA samples. The missing samples and backlogs in processing those that have been collected raise questions concerning serious crimes that otherwise might have …
Texas Youth Commission Pays $625,000 to Settle Abuse Suit by Gary Hunter To settle a federal lawsuit, the Texas Youth Commission (TYC) agreed to pay $625,000 in damages to four youths who were grossly abused by the states’ corrupt juvenile justice system. The largest payout of $345,000 went to plaintiff …
Article • August 15, 2010 • from PLN August, 2010
Filed under: Telephones, Telephone Rates
Exorbitant Prisoner Phone Rates Pass New York Constitutional Scrutiny by David Reutter by David M. Reutter On November 23, 2009, the New York Court of Appeals – the state’s highest court – affirmed the dismissal of a lawsuit arguing that the contract between the New York State Department of Correctional …
Article • August 15, 2010 • from PLN August, 2010
Washington Supreme Court Holds No Judicial Immunity for Non-Judicial Conduct by The doctrine of judicial immunity does not apply to actions unrelated to judicial conduct, the Supreme Court of Washington decided on December 31, 2009. In September 2002, Skagit County District Court Judge Stephen Skelton ordered Deputy Deanna Randall to …
Article • August 15, 2010 • from PLN August, 2010
$145,000 Settlement by New York City After Holding Immigration Detainee Beyond 48 Hours by David Reutter by David M. Reutter A $145,000 settlement by the New York City Department of Corrections (DOC) provides a new twist in the area of immigration law. The main allegation in the complaint was that …
Article • August 15, 2010 • from PLN August, 2010
Ninth Circuit: No Qualified Immunity for Refusing to Feed Prisoner by Mark Wilson The Ninth Circuit Court of Appeals has held that a prison guard was not entitled to qualified immunity for depriving a prisoner of 16 meals over a 23-day period. In 2001, Ronald P. Foster was confined at …
Article • August 15, 2010 • from PLN August, 2010
Washington DOC Settles MRSA Death Claim for $125,000 by Brandon Sample The Washington Department of Corrections (DOC) has agreed to pay $125,000 to the family of a prisoner who died from pneumonia caused by Methicillin-resistant Staphylococcus aureus (MRSA). On March 27, 2008, Jeremy Swaser was given a check-up by medical …
$3.5 Million Settlement to Former New York Prisoner Convicted Due to Perjured Testimony by The City of New York has paid $3.5 million to settle a lawsuit brought by an innocent man who spent 12 years in prison after being wrongfully convicted of attempted murder. The conviction was obtained by …
Article • August 15, 2010 • from PLN August, 2010
Washington DOC Agrees to Pay $38,000 in Too-Much-Medicine Suit by On November 19, 2008, the Washington Department of Corrections (DOC) agreed to pay $38,000 to a woman who was improperly administered her seizure medication. The settlement resulted after Cindi J. Heihn, a prisoner at the Washington Corrections Center for Women …
Article • August 15, 2010 • from PLN August, 2010
Kentucky Law Retroactively Applied to Award Street Credit by The Kentucky Supreme Court has held that a law that applies “street credit” to released prisoners effectively suspends existing statutory law that specifies time spent on parole does not count towards a prisoner’s maximum sentence. The Court accepted transfer of appeals …
Article • August 15, 2010 • from PLN August, 2010
California Prisoner Wins Option of Kosher Meals Until Halal Meals Can be Provided by The Marin County Superior Court ordered San Quentin prison officials to provide Keith Allen Lewis, a Muslim prisoner, with access to Jewish kosher meals until he could be provided with the Halal meals prescribed by his …
Article • August 15, 2010 • from PLN August, 2010
Filed under: News, News in Brief
News in Brief: by California: Beverly Hills attorney Michael H. Inman was charged on June 17, 2010 with attempting to smuggle heroin into a secure area of the downtown L.A. criminal court building. The 48-year-old lawyer was caught with approximately 14.25 grams of black tar heroin in a plastic bag …
Article • August 15, 2010 • from PLN August, 2010
Obama’s 2011 Budget Calls for More Prisons, More Guards by Brandon Sample So much for “hope” and “change.” President Obama’s fiscal year (FY) 2011 budget for the U.S. Department of Justice (DOJ) is simply more of the same – more prisons, more guards, more cops. At least when it comes …
Article • August 15, 2010 • from PLN August, 2010
Aryan Warriors Prison Gang Prosecuted in Nevada by Gary Hunter Nevada prison officials recently had to come to grips with two stark realities. First, for decades their correctional facilities have been a haven for gang-related crime and brutality, and second, the state’s own corrupt prison guards played a role in …
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