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Article • November 15, 2009 • from PLN November, 2009
Divided Ninth Circuit Holds Prison Officials Entitled to Qualified Immunity for Prolonged Deprivation of Outdoor Exercise by A divided Ninth Circuit Court of Appeals held that California prison officials were entitled to qualified immunity for denying outdoor exercise to prisoners during extended lockdowns, when the lockdowns were precipitated by assaults …
Article • November 15, 2009 • from PLN November, 2009
California Death Row Court Monitoring Discontinued by Michael Brodheim Almost thirty years after it began, federal court supervision over conditions at San Quentin’s death row – the nation’s largest, now housing 685 condemned prisoners – came to an end in April 2009. A group of death-sentenced prisoners filed suit in …
Article • November 15, 2009 • from PLN November, 2009
Medical Care Mismanaged at Orange County, California Jail by Michael Brodheim A $36 million program designed to provide medical care to jail prisoners in Orange County, California is severely mismanaged, according to an internal performance audit. The audit found that the county Health Care Agency (HCA), which administers the jail’s …
Article • November 15, 2009 • from PLN November, 2009
California’s Lethal Injection Protocol Invalidated for Failure to Comply with APA by Michael Brodheim Sustaining a legal challenge filed by prisoners Michael A. Morales and Mitchell Sims, both on death row, the California Court of Appeal has held that the state’s lethal injection protocol, contained in San Quentin’s Operational Procedure …
Article • November 15, 2009 • from PLN November, 2009
Colorado Officials Increasingly Rely on Lockdowns to Manage Prison Violence by Michael Brodheim According to statistics released by Colorado Department of Corrections (CDOC) Director Ari Zavaras in a briefing to state lawmakers in February 2009, state prisons saw an increase in levels of violence among prisoners in fiscal year 2007-08 …
Revised List of ICE Detainee Deaths Still Incomplete, Updated Again by Mark Wilson At least 92 detainees died in immigration detention facilities between October 2003 and February 2009, according to an updated list compiled by Immigration and Customs Enforcement (ICE). The list, which was obtained by the New York Times …
$73,000 Settlement for Denial of Pain Medication to Wisconsin Prisoner by Matthew Clarke by Matt Clarke On January 6, 2009, Wisconsin settled a lawsuit brought by a state prisoner who complained of guards preventing him from receiving his pain medication when he was in intense pain, then retaliating against him …
Article • November 15, 2009 • from PLN November, 2009
Former North Dakota State Psychologist Who Treated Sex Offenders Busted for Child Porn by Facing a sentence ranging from 5 to 30 years, Joseph Belanger, a North Dakota psychologist who treated sex offenders at the State Hospital in Jamestown, was sentenced on January 28, 2009 to 84 months in federal …
Article • November 15, 2009 • from PLN November, 2009
U.S. Senator John Ensign, Author of Ensign Amendment, Falls From Grace by Brandon Sample There is nothing like a good sex scandal to get things stirred up in Washington, and it’s even better when the scandal involves the likes of U.S. Senator John Ensign, a conservative Republican and member of …
Article • November 15, 2009 • from PLN November, 2009
Florida Jail Death Ruled a Homicide; Investigations Pending by The Florida Medical Examiner’s Office called the March 31, 2009 in-custody death of 62-year-old Nicholas Christie at the Lee County Jail a homicide, finding that restraint methods and pepper spray were contributing factors in his death. “You could tell immediately there …
Pennsylvania Private Juvenile Prison Scandal Results in Guilty Pleas by Matthew Clarke by Matt Clarke On June 9, 2009, attorney Robert J. Powell of Hazeltown, Pennsylvania pleaded guilty to charges related to an illegal scheme involving two for-profit juvenile facilities – PA Child Care in Luzerne County and Western PA …
Article • November 15, 2009 • from PLN November, 2009
Filed under: Sentencing, Parole
Terms of Parole Injunction Supersede Conflicting Provisions of California Voter Initiative by Michael Brodheim In the latest chapter of a 15-year-old class-action lawsuit, a U.S. District Court held that the passage of Proposition 9 by California voters on November 4, 2008 could not override a stipulated permanent injunction entered four …
Article • November 15, 2009 • from PLN November, 2009
Ohio Prison Guards Party, Federal Stimulus Funds Save Their Jobs by David Reutter by David M. Reutter Only weeks before ordering $640 million in spending cuts, Ohio Governor Ted Strickland paid more than 800 employees of the Ohio Department of Rehabilitation and Correction (DORC) to attend a “Year End Review” …
Article • November 15, 2009 • from PLN November, 2009
Orange County Sheriff Sentenced to 5½ Years in Prison by Gary Hunter Orange County Sheriff Sentenced to 5½ Years in Prison by Gary Hunter “I need a sheriff I can trust. Lying will not be tolerated in this courtroom, especially by the county’s highest-ranking law enforcement officer.” That was what …
Article • November 15, 2009 • from PLN November, 2009
Filed under: Mail, Mail Regulations
Outgoing Mail Censorship Assessed Under Procunier, not Turner; Oregon Court Applies Wrong Standard by The Ninth Circuit Court of Appeals has reversed a district court’s dismissal of an Oregon prisoner’s outgoing mail censorship suit, finding that the “dismissal relied on an incorrect legal standard.” Oregon State Penitentiary (OSP) prisoner Jacob …
Massachusetts Prison Officials Assault Prisoner With Feces, Settle Lawsuit for $5,000 by In January 2009, Eric Bargoot, a Massachusetts prisoner who suffers from post-traumatic stress disorder and panic disorder, as well as a heart condition, settled his § 1983 lawsuit for damages arising from events in September 2004, during which …
Article • November 15, 2009 • from PLN November, 2009
Georgia Attorneys Abandoning Indigent Defendants by David Reutter by David M. Reutter For almost 50 years, following the Supreme Court’s 1963 decision in Gideon v. Wainwright, criminal defendants have had a constitutional right to legal representation. However, Georgia lawmakers have decided that as a result of the state’s budget shortfall …
Florida to Allow Exportation of Prisoners to Other States by David Reutter by David M. Reutter Florida lawmakers have handed a victory to the private prison industry by passing a bill (SB 1722) that allows Florida prisoners to be exported to out-of-state facilities, which are mostly privately-operated. When Governor Charlie …
Oklahoma Legislators Not Considering Closing State Prisons, Unless They Are by Matthew T. Clarke by Matt Clarke On April 7, 2009, Oklahoma State Senate President Pro Tem Glenn Coffee was accused of asking the Oklahoma Department of Corrections (DOC) to conduct a study analyzing the cost of closing certain state …
Article • November 15, 2009 • from PLN November, 2009
Indiana DOC Directive Limiting Educational Credit to Only One Associate’s Degree Violates Ex Post Facto Clause by Brandon Sample A directive issued by the Indiana Department of Corrections (IDOC) that limits the award of educational sentence credit to only one Associate’s Degree cannot be applied retroactively without running afoul of …
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