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Article • October 15, 2009 • from PLN October, 2009
Filed under: Reviews, Sentencing, Parole
Audit Finds California Parolees Sometimes Slip Through Bureaucratic Cracks by At the request of the legislature, the Bureau of State Audits examined the adult parole discharge practices of the California Department of Corrections and Rehabilitation and found that parolees, even those regarded as violent or serious offenders, occasionally slip through …
Article • October 15, 2009 • from PLN October, 2009
Maryland Prisoners Make Flags by Made in the U.S.A. got a whole new meaning with the passage of a recent Maryland law that requires all Maryland and United States flags to be produced in the United States. For many years in Maryland, all but one flag that flies at the …
Article • October 15, 2009 • from PLN October, 2009
Small Amounts of Marijuana Not “Dangerous Contraband” Under New York Law, Court Rules by The possession or introduction of small amounts of marijuana into a New York state prison is not punishable as a felony, the New York Court of Appeals held. Robert Finley, a New York state prisoner, was …
Article • October 15, 2009 • from PLN October, 2009
Clerk Erred in Refusing to File Unsigned 28 U.S.C. § 2255 Motion by Clerk Erred in Refusing to File Unsigned 28 U.S.C. § 2255 Motion The U.S. Court of Appeals for the Eleventh Circuit held that it was error for a district court clerk to refuse to file an unsigned …
Article • October 15, 2009 • from PLN October, 2009
Filed under: Telephones, Telephone Rates
Mississippi Prisoners Make Collect Call for Jesus by On April 15, 2009, the Mississippi Legislature passed legislation authorizing up to 25 percent, or $25,000 annually, of the money collected from prisoner telephone calls to fund a Jail and Prison Ministry. Since the late 1990s, the Good News Jail and Prison …
Aramark Discontinues, Loses Prison Food Service Contracts by David Reutter by David M. Reutter The corporate philosophy of cutting corners to enhance profits is catching up with Aramark Correctional Services, causing the company to lose prison and jail food service contracts and putting other contracts in jeopardy. Aramark has discontinued …
Article • October 15, 2009 • from PLN October, 2009
Injunction Against Missouri Sex Offender Halloween Restrictions Issued, Then Vacated by Matthew Clarke by Matt Clarke A Missouri federal judge issued an injunction against enforcement of a new Missouri law imposing Halloween-related restrictions on registered sex offenders. However, the Eighth Circuit Court of Appeals lifted the injunction on October 30, …
Article • October 15, 2009 • from PLN October, 2009
$145,000 Settlement in Iowa Prisoner’s Self-Mutilation Mental Health Claim by David Reutter by David M. Reutter The Iowa Department of Corrections (IDOC) paid $144,523.20 to settle a civil rights action that claimed prison officials sat idly watching a mentally ill prisoner physically maim herself. In 1976 at the age of …
Mentally Ill NC Prisoners Injured in Separate Incidents by Gary Hunter Timothy E. Helms remains paralyzed from the neck down following a confrontation with guards after he lit a fire in his cell at North Carolina’s Alexander Correctional Institution in Taylorsville. The next day, on August 4, 2008, Helms arrived …
$102,205 Settlement in Portland, Oregon City Negligence of Officer’s Misconduct by The City of Portland, Oregon has paid $105,205 to two women who alleged a Portland Police Officer told them to lift their skirts and show him their underwear during a July 21, 2006, traffic stop or he would jail …
Article • October 15, 2009
$625,000 Jury Verdict in Negligence Suit for New York Hospital’s Failure to Protect Patient from Prisoner by In 1994 a New York County jury awarded a woman $625,000 in a lawsuit contending a hospital failed to coordinate a security plan with the Department of Corrections, resulting in a sexual assault …
LA Agrees To Pay $12,550,000 To Settle Police Brutality Suit by The City of Los Angeles has agreed to pay $12,550,000 to settle a class action suit brought by protesters who were injured and intimidated by the LAPD during a May 1, 2007, march protesting the treatment of immigrants and …
Evidence Found During Search of Prisoner’s Home While on Home Detention Not Subject to Suppression by On May 22, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed the denial of a motion to suppress evidence found during the search of a prisoner’s home while he was on …
First Circuit Upholds $3.1 Million FTCA Award Against FBI for Revealing Informant by On October 16, 2008, the U.S. Court of Appeals for the First Circuit upheld a $3.1 million award under the Federal Tort Claims Act (FTCA) to the family of an informant whose identity was released by an …
Article • October 15, 2009
Nevada Prisoners Can Not Use State’s Open Meeting Law to Circumvent Psych Review by The Nevada Supreme Court has held that a life-sentenced prisoner cannot sue the state’s Psychological Review Panel (Panel) for damages under the Open Meeting Law due to the Panel’s denial of a psychological clearance needed to …
Article • October 15, 2009
PLRA’s Frivolous Litigator IFP Cap Trumped by “Imminent Danger” Claim by The Ninth Circuit U.S. Court of Appeals has held that a prisoner who alleged as one of his claims in a 42 U.S.C. § 1983 complaint that he was in “imminent danger of serious physical injury,” but who qualified …
Article • October 15, 2009
North Carolina: Positive Urinalysis Alone Doesn’t Sustain Marijuana Possession Charge by In a case of first impression, the North Carolina Supreme Court held on June 28, 2007, that a positive urinalysis alone was insufficient to uphold a probationer’s conviction for possession of marijuana. On August 21, 2004, defendant Darian Jaquan …
Wisconsin Sheriff Lacks Authority to Implement Private Food Vendor by The Wisconsin Supreme Court has held that a Sheriff does not have constitutional authority to hire and fire personnel providing food service at a county jail. The Court’s ruling came in an appeal filed by unions that represent employees of …
Article • October 15, 2009
PLRA Three Strikes Applicable to Halfway House “Prisoner” by In a case of first impression, the U.S. Court of Appeals for the Fifth Circuit has decided that detention in a halfway house, as a condition of mandatory supervision stemming from a criminal conviction, satisfies the definition of “prisoner” under the …
Anatomy of the Modern Prisoners’ Rights Suit: A Practitioner’s Guide to Successful Jury Trials on Behalf of Prisoner-Plaintiffs* by Alphonse A. Gerhardstein by Alphonse A. Gerhardstein+ Ed. Note: This article is written with the aim of assisting attorneys who are litigating prison-related lawsuits; however, it is also very helpful for …
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