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Article • January 15, 2011 • from PLN January, 2011
Cavity Searches of Civil Commitment Patients for Cellphone Upheld by Eighth Circuit by The Eighth Circuit Court of Appeals upheld a strip search of 150 Minnesota civil commitment patients, but warned that it was “a close question of constitutional law,” which reached the outer limits of acceptable conduct. On October …
Article • January 15, 2011 • from PLN January, 2011
Filed under: News, News in Brief
News in Brief: by Arizona: Infamous Maricopa County Sheriff Joe Arpaio, best known for his harsh and humiliating treatment of prisoners, staged a Christmas carol contest on December 21, 2010. Ten prisoners sang for a chance to get a full traditional dinner on Christmas Eve, with Arpaio judging the contest …
Article • January 15, 2011 • from PLN January, 2011
Filed under: International, Immigration
Federal Rapid REPAT Program Not Working in Rhode Island by Derek Gilna A federally-funded program designed to help states remove illegal immigrants held in state prison systems if they agree to immediate deportation from the U.S. has had no impact in Rhode Island, according to Steve Brown, executive director of …
Article • January 15, 2011 • from PLN January, 2011
Probation Officers Working in Los Angeles Juvenile Facilities Engage in Misconduct, Avoid Disciplinary Action by Michael Brodheim According to a report released in June 2010 by the Los Angeles County Office of Independent Review (OIR), a civilian oversight agency, lax internal investigations in the county’s Probation Department have allowed sworn …
Article • January 15, 2011 • from PLN January, 2011
Audit Report Finds Georgia Sex Offender Registry Needs Complete Overhaul by David Reutter by David M. Reutter The federal Jacob Wetterling Act of 1994 imposed a duty on the states to establish sex offender registry programs, including life-long registration for offenders classified as sexually violent predators. In 1996, Megan’s Law …
Article • January 15, 2011 • from PLN January, 2011
California Governor Orders Corrections Officials to Retain Parole Files Indefinitely by The killing of a 17-year-old girl by a sex offender whose parole records had been destroyed resulted in a minor political frenzy in California. The Associated Press requested the parole records of John Albert Gardner III, who was charged …
Article • January 15, 2011 • from PLN January, 2011
Capital Appeals Attorney Sentenced to Prison for Theft by David Reutter by David M. Reutter Former Louisiana death penalty defense attorney Jelpi Picou, 49, was sentenced on August 23, 2010 to five years in prison for stealing over $200,000 from a publicly-funded agency he had directed since 2004. Picou was …
Article • January 15, 2011 • from PLN January, 2011
Oregon Federal Halfway House Director Removed Due to Embezzlement by Mark Wilson The executive director of a non-profit transition center for federal prisoners was fired after allegations of embezzlement surfaced in June 2010. The Oregon Halfway House (OHH) is a 75-bed transition center for federal prisoners located in Portland, Oregon. …
Article • January 15, 2011 • from PLN January, 2011
Delaware’s Parole Board Suffers from Infighting by David Reutter by David M. Reutter Internal strife within Delaware’s Board of Parole (Board) has provided ammunition to a move by the governor to abolish the Board. The squabble has resulted in claims that the Board’s chairman is acting without legal authority and …
Article • January 15, 2011 • from PLN January, 2011
Filed under: Searches, Strip Searches
$389,548.55 Total Award in Texas Jail Strip Search Suit by On February 5, 2009, a former jail prisoner in Wood County, Texas was awarded $60,000 by a federal jury after being subjected to an unlawful strip search. She had previously settled claims against the Texas Alcoholic Beverage Commission (TABC) for …
Article • January 15, 2011 • from PLN January, 2011
Washington Supreme Court Holds No Liberty Interest in Sex Offender Release to Community Custody by The Washington Department of Corrections (DOC) may lawfully deny sexually violent predators early release to the community, the Supreme Court of Washington decided August 20, 2009. In so holding, the court concluded that RCW 9.94A.728(2) …
Former Texas Youth Commission Official Gets Ten Years in Prison by On April 22, 2010, a former Texas Youth Commission (TYC) official convicted of sexually abusing a young offender was sentenced to ten years in prison. Ray Edwards Brookins, formerly the assistant superintendent of TYC’s West Texas State School, was …
Article • January 15, 2011 • from PLN January, 2011
Filed under: News, State Legislation
North Carolina Supreme Court Upholds Felon’s Right to Possess Firearm by On August 28, 2009, the Supreme Court of North Carolina concluded that a 2004 law prohibiting felons from possessing a firearm violated the North Carolina constitution in an as-applied challenge to the law. Barney Britt was convicted in 1979 …
Article • December 15, 2010 • from PLN December, 2010
Florida Disciplinary Record Must Prove Constructive Possession of Contraband by Florida’s First District Court of Appeal granted a writ of certiorari to a prisoner who challenged a circuit court’s denial of his mandamus petition that sought to reverse a prison disciplinary conviction. The First District held there was insufficient proof …
Article • December 15, 2010 • from PLN December, 2010
Michigan Prison System Exceeds Budget, Again by In two of the last three years, the Michigan Department of Corrections’ (MDOC) budget has “blown through its caps,” according to state Rep. John Proos. A May 27, 2010 letter from Robert Emeron, director of the state budget office, informed lawmakers that the …
Article • December 15, 2010 • from PLN December, 2010
$195,000 Award for Injury Resulting from NY Prison Garbage Detail by A New York Court of Claims has awarded a former prisoner $195,000 for injuries she sustained while working on a garbage detail. In an April 29, 2008 order, the court found the State of New York 100% liable. The …
Article • December 15, 2010 • from PLN December, 2010
Maricopa County, Arizona Settles Prisoner Suicide Claim for $125,000 by On March 31, 2010, the Maricopa County Board of Supervisors voted 4-0 to pay $125,000 to settle a claim against the county made by the family of a jail prisoner who killed himself in 2008. According to the notice of …
Article • December 15, 2010 • from PLN December, 2010
$850,000 Verdict in Nebraska Prisoner’s Suicide by A Nebraska federal jury has awarded $850,000 to the estate of a prisoner who hanged himself with a bed sheet in his cell at the Dodge County Correctional Facility (DCC). The estate’s attorney, Maren L. Chaloupka, hailed the verdict as a wake-up call …
Article • December 15, 2010 • from PLN December, 2010
PLN Wins Public Records Ruling Against California Prison System by Matthew Clarke by Matt Clarke On December 23, 2009, a California superior court ruled that the California Department of Corrections and Rehabilitation (CDCR) had to produce records requested two years earlier by Prison Legal News. PLN made the request for …
Article • December 15, 2010 • from PLN December, 2010
AMA Passes Resolution Prohibiting Shackling of Pregnant Prisoners in Labor by On June 15, 2010, the American Medical Association (AMA) adopted a resolution prohibiting the use of restraints on a female prisoner “in labor, delivering her baby or recuperating from the delivery,” absent compelling grounds to believe that she poses …
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