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Article • April 15, 2010 • from PLN April, 2010
Prison Incident and Investigative Reports Must Be Disclosed Under Alabama’s Open Records Act by David Reutter by David M. Reutter The Alabama Supreme Court affirmed a trial court’s summary judgment order that held incident and investigative reports created by the Alabama Department of Corrections (ADOC) are subject to the state’s …
Article • April 15, 2010 • from PLN April, 2010
Indiana Indemnification Statute Not Retroactive; Prisoner’s Estate Unable to Collect $56.5 Million Judgment by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals has held that a 2003 Indiana statute that requires indemnification of government employees under certain circumstances has prospective application only. Before the Court was …
Article • April 15, 2010 • from PLN April, 2010
Prisoner Loses Excessive Force Case in 10 Minutes; Judge Deems Suit Frivolous, Orders $3,000 Paid to Defendants by Mark Wilson Christopher Bookhart had a fool for a client when he represented himself in an excessive force suit he filed against a guard at the Multnomah County Detention Center (MCDC) in …
Sweat Lodge Ban Does Not Violate RLUIPA by The Eighth Circuit Court of Appeals affirmed a lower court’s determination that denial of a sweat lodge for Native American prisoners did not violate the Religious Land Use and Institutionalized Persons Act (RLUIPA). Missouri prisoner Clifford Fowler, a Native American, is serving …
1979 Jail Consent Decree Largely Gutted by PLRA; Reversed on Appeal by Mark Wilson On October 7, 2008, a federal court in New York terminated large portions of a sweeping 1979 consent decree related to conditions at 14 New York City jails. However, the Second Circuit Court of Appeals reversed …
Article • April 15, 2010 • from PLN April, 2010
Filed under: Money/Property, Restitution
Washington Jail a Modern-Day Debtor’s Prison by Gary Hunter In Washington state’s Spokane County, some people are serving more jail time for failing to pay court costs than they served under their original sentence. Michael Lafferty was sentenced to less than 90 days for a third-degree assault conviction. Court costs …
Article • April 15, 2010 • from PLN April, 2010
Food Problems Contribute to Riot at Kentucky Prison by David Reutter by David M. Reutter A major riot at Kentucky’s Northpoint Training Center on August 21, 2009 resulted in 16 injuries and the destruction of several buildings critical to the prison’s operation. The riot was the second serious incident at …
Article • April 15, 2010 • from PLN April, 2010
Swine Flu Scare Leads to Unrest at Overcrowded Massachusetts Jail by Matthew Clarke by Matt Clarke On July 5, 2009, prisoners at the Middlesex County Jail in Cambridge, Massachusetts staged a disturbance after 11 prisoners and 2 guards presented flu-like symptoms and the hospital discharge papers for one prisoner indicated …
Article • April 15, 2010 • from PLN April, 2010
Illinois Prisoners Sue over Soy-Based Food by Brandon Sample Prisoners at the Danville Correctional Center in Illinois have sued the Illinois Department of Corrections (IDOC) in federal court over the predominantly soy-based diet they are served. According to the Weston A. Price Foundation, which promotes the consumption of whole, traditional …
Article • April 15, 2010 • from PLN April, 2010
Oklahoma Courts Collecting Fines, Costs at Expense of Justice by Oklahoma judges are pushing for larger fines imposed on criminal defendants to compensate for a shortfall in courthouse budgets. The downturn in the economy has affected almost everyone, and the courts are no exception. Judges in Oklahoma have seen a …
Article • April 15, 2010 • from PLN April, 2010
Parole Denials Based Upon Assumptions; Tough Policies Threaten Public Safety at Great Cost by David Reutter by David M. Reutter “Inaccurate assumptions about the impact of longer prison stays on reoffense rates generally, and about the future behavior of people who committed assaultive and sex offenses in particular, have led …
Article • April 15, 2010 • from PLN April, 2010
CCA Loses Contracts for 9,754 Prison Beds in 18 Months; More Losses Looming by Corrections Corporation of America (CCA), the nation’s largest private prison company, has lost or terminated contracts totaling 9,754 prison beds within an 18-month period, and is expected to lose at least 1,536 more contract beds by …
Missoula County Jail Agrees to Settle Excessive Force Suit for $490,000 by Missoula County, Montana has agreed to pay $490,000 to a mentally ill woman who was shot six times by guards with a pepperball gun. Sunny Bartell was arrested on July 1, 2006 for disorderly conduct after police were …
Article • April 15, 2010 • from PLN April, 2010
New York Passes Legislation Making HIV, AIDS and HCV Prisoner Care a Department of Health Responsibility by Christina Hernandez New York took a major step last fall to provide care for HIV-positive prisoners—and a victory for prisoners’ rights activists—with legislation giving the state Department of Health an official oversight role …
Article • April 15, 2010 • from PLN April, 2010
$491,668 Settlement in Class-Action Suit Against Spokane County Jail by Matthew Clarke by Matt Clarke On September 18, 2009, a U.S. District Court in Washington state granted preliminary approval to a settlement in a class-action lawsuit that challenged booking fee procedures at the Spokane County Jail. Shawn Huss, a former …
Article • April 15, 2010 • from PLN April, 2010
Washington State Agrees to Pay $15,000 to Probationer Whose Urine and Blood Were Forcibly Taken from Him by The State of Washington has agreed to pay $15,000 to settle a suit over the forcible taking of urine and blood samples from a Washington probationer. Matthew Arthur was arrested for DUI …
Illinois Prison Doctor Liable for Failing to Treat Testicular Cysts by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals remanded a civil rights action that claimed a prison doctor’s care was deliberately indifferent to an ex-Illinois prisoner’s serious medical needs. The Court, however, affirmed dismissal as …
Texas Court of Appeals Reverses Dismissal of Prisoner’s Retaliation Suit; Second Dismissal Affirmed After Remand by Matthew Clarke by Matt Clarke A Texas Court of Appeals reversed the dismissal of a prisoner’s lawsuit alleging that he suffered retaliation for litigation activities. However, after the case was again dismissed following remand, …
Article • April 15, 2010 • from PLN April, 2010
Oregon Private Jail Guard is “Corrections Officer”; Prisoner’s Assault Conviction Upheld by Mark Wilson The Oregon Court of Appeals affirmed a prisoner’s conviction for assaulting a guard at a private jail, finding that the guard was a “corrections officer” under state law. Oregon’s Supreme Court upheld the decision on review. …
Virgin Island Officials Held in Contempt: Prisoner Mental Health Treatment Inadequate by Matthew Clarke by Matt Clarke A federal district judge has held the Governor, Attorney General and Director of Corrections of the U.S. Virgin Islands and other prison officials in contempt for not correcting inadequate prisoner mental health treatment. …
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