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Partial Summary Judgment Granted To PLN in FOIA Case against EOUSA by Brandon Sample On September 16, 2009, U.S. District Judge Marcia S. Krieger granted in part and denied in part a motion for summary judgment by Prison Legal News (PLN) in a Freedom of Information Act (FOIA) case wherein …
$60,000 Settlement for Washington Prisoner Injured by Chemical Spill by The State of Washington paid $60,000 to settle a prisoner’s claim that he was injured due to a chemical spill. While working in the kitchen at the McNeil Island Correction Center, prisoner George D. Douglas reached for a chemical bottle …
GEO Group Buys Just Care For $40 Million by Geo Group, Inc., one of the country’s largest private prison and detention operators, has agreed to acquire Just Care. Just Care operates a 354-bed medical and mental health care unit in Columbia, South Carolina. In announcing the acquisition, GEO Group said …
$2.1 Million Awarded in New York Unjust Conviction Claim by On March 16, 2009, a New York Court of Claims awarded $2,093,420 in damages to a man who was wrongfully convicted of sexually assaulting his 4-year-old child. He had spent more than two years in a maximum-security prison. During “an …
Texas Religious Group Policies May Violate First Amendment and RLUIPA; TDCJ Changes Policy by The Fifth Circuit Court of Appeals held that Texas Department of Criminal Justice (TDCJ) policies that had the effect of prohibiting a prisoner from meeting with other members of his religion and possessing religious items may …
Article • March 15, 2010 • from PLN March, 2010
Washington DOC Ordered to Pay $174,000 for False Imprisonment by A Washington state woman has been awarded $174,000 in damages after the Washington Department of Corrections (DOC) miscalculated her sentence, causing her to stay in prison an extra 18 months. Melanie Hinkle was convicted of conspiracy to commit murder in …
Article • March 15, 2010 • from PLN March, 2010
Four-Year Statute of Limitations Applies to § 1983 Claims Filed in Florida by Four-Year Statute of Limitations Applies to § 1983 Claims Filed in Florida The Eleventh Circuit Court of Appeals has held that 42 U.S.C. § 1983 actions filed in Florida have a four-year statute of limitations. The appellate …
Article • February 15, 2010 • from PLN February, 2010
Head of California’s Prison System Arrested for Drunk Driving by On June 7, 2009, Scott Kernan, undersecretary of the California Department of Corrections and Rehabilitation (CDCR) – the operational head of the state’s sprawling prison system – was arrested by the California Highway Patrol for driving under the influence in …
The Rainmakers: banking on private prisons in the fleecing of small town America by Beau Hodai By Beau Hodai December 2009 The circus comes to town Hardin: a sleepy town set in the rolling plains of southeastern Montana, 50 miles east of Billings, 15 miles north of the site of …
Article • February 15, 2010 • from PLN February, 2010
Swine Flu Widespread in Prisons and Jails, but Deaths are Few by David Reutter by David M. Reutter For hundreds of years the cramped, overcrowded and often filthy confines of dungeons, prisons, jails and other places of imprisonment have served as incubators for infectious diseases, which have killed more prisoners …
Ineffective Attempts to Protect Texas Prisoner Were Sufficient by The Fifth Circuit Court of Appeals reversed a district court’s denial of summary judgment to prison officials who had failed to safeguard a Texas state prisoner, saying their ineffective attempts to protect him were sufficient. Gregory Moore was incarcerated at the …
Article • February 15, 2010 • from PLN February, 2010
From the Editor by Paul Wright February is traditionally the height of cold and flu season in the United States and this month’s cover story probably proves the axiom that if America catches cold, prisons catch pneumonia. Swine flu has been in the news quite a bit lately including its …
Preventable Sacramento County Jail Death Costs Taxpayers $1.45 Million by David Reutter by David M. Reutter The systemic failure of medical care at California’s Sacramento County Main Jail (SCMJ) resulted in a prisoner’s avoidable death that has cost taxpayers $1.45 million. For years, SCMJ’s healthcare system has been severely deficient …
Free Rent for Some Washington State Parolees by Due to a roughly $9 billion state budget deficit, the Washington State legislature approved a plan to offer 90-day rent subsidies for selected prisoners who are eligible for early release. The program is expected to save taxpayers an estimated $1.5 million over …
Article • February 15, 2010 • from PLN February, 2010
A New Look at a Very Old Subject: The Uniform Collateral Consequences of Conviction Act by Margaret Colgate Love by Margaret Colgate Love1 In the past twenty years, a relentlessly punitive political environment has given rise to a wide-ranging network of collateral penalties and disqualifications that isolate and stigmatize those …
Arkansas Prisoner Awarded $625 for Refusing to Clean His Cell on the Sabbath by On April 13, 2009, U.S. District Court Judge Harry F. Barnes adopted a magistrate’s report and recommendation that found an Arkansas prisoner should be awarded $625 after being punished for refusing to work on the Sabbath. …
Three Years Later, CMS Still Fails to Meet Medical Standards in Delaware by David Reutter by David M. Reutter Despite federal oversight of its prison medical care, Delaware “continues to have a great deal more to achieve before it comes into substantial compliance with all provisions of the MOA” (Memorandum …
Army Prisoners Isolated, Denied Right to Legal Counsel by Dahr Jamail The military’s treatment of Army prisoners is “part of a broader pattern the military has of just throwing people in jail and not letting them talk to their attorneys, not let visitors come, and this is outrageous. In the …
Freedom Forum CEO Charles Overby’s Dark History with Corrections Corporation of America by Beau Hodai Charles L. Overby is a man who leads dual lives; a man who has each foot planted firmly in two very different worlds. In one world he is a champion of the free press. In …
Three Florida Guards Charged in Prisoner’s Beating by David Reutter by David M. Reutter Three Florida prison guards have been arrested and charged in the December 16, 2008 beating of a handcuffed prisoner at the Charlotte Correctional Institution (CCI). The criminal proceedings can be viewed as a fulfillment of Florida …
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