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Article • August 15, 2009 • from PLN August, 2009
From the Editor by Paul Wright The cover story and a number of other articles in this issue of PLN focus on misconduct by judges. As this article goes to press the anointment hearings of Judge Sonia Sotomayor to the US Supreme Court are taking place in the US senate. …
FedCURE Entitled to Fee Waiver for FOIA Request by Brandon Sample On March 19, 2009, U.S. District Judge Reggie Walton granted a motion for summary judgment filed by FedCURE, a non-profit organization that advocates for federal prisoners and their families, in a suit filed under the Freedom of Information Act …
Violence on the Rise in BOP Facilities by Brandon Sample Killings, assaults and other acts of violence are becoming more widespread in the federal Bureau of Prisons (BOP), as the prison population increases and staff-to-prisoner ratios decline. Fifteen prisoner-on-prisoner BOP homicides occurred in 2008 compared with 12 in 2007. Serious …
Judge Sonia Sotomayor Denied My Appeal and I Spent 16 Years in Prison for a Crime I Didn’t Commit by Jeffrey Deskovic My name is Jeffrey Deskovic. At age 17, I was wrongfully convicted of murder and rape, a conviction that was based upon a coerced false confession, the fabrication …
Article • August 15, 2009 • from PLN August, 2009
Filed under: Attorneys, Attorney Client
A Bridge Between The Ivy League And The Jailhouse: An Interview with Brett Dignam, Clinical Professor of Law and Supervising Attorney at Yale Law School by Todd Matthews Thirty years ago, Brett Dignam would not have believed she would spend her career as an attorney advocating for prisoners’ rights. Dignam’s …
Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act by Margo Schlanger by Margo Schlanger and Giovanna Shay** Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to …
Article • July 15, 2009 • from PLN July, 2009
From the Editor by Paul Wright The past few months have been very busy at PLN. In addition to publishing our first book, the Prisoners Guerrilla Handbook Guide to Correspondence Programs in the US and Canada, we have also been making significant administrative changes. We have changed the name of …
Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release Held Unconstitutional, Then Constitutional by Mark Wilson Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release Held Unconstitutional, Then Constitutional by Mark Wilson Illustrating the axiom that the law means whatever a judge decides it means, in …
Texas Posthumously Exonerates Man Who Died in Prison by Matthew Clarke by Matt Clarke On February 6, 2009, Travis County District Judge Charlie Baird did what no other Texas judge had done before – he exonerated a dead man. Timothy Brian Cole, who died of asthma due to medical neglect …
$226,000 Workers’ Comp Settlement for Pennsylvania Guard Scarred by MRSA by A Pennsylvania prison guard who contracted a staph infection that caused facial scarring has settled a workers’ compensation claim for $226,000. While employed at the Graterford Prison in 2003, guard Carol Snyder contracted an infection. She awoke on the …
ADA Routinely Violated by Prisons in the case of Deaf Prisoners by McCay Vernon, Ph.D. Over the last forty years, Congress has enacted numerous laws specifically designed to assure disabled individuals access to the programs, activities, services, public facilities and other resources available to the general population. This access was …
Article • July 15, 2009 • from PLN July, 2009
The Illusion of Immigrant Criminality: Getting the Numbers Wrong by David L. Wilson Immigrants aren’t a crime problem. “The foreign-born commit considerably fewer crimes than the native-born,” as President Herbert Hoover’s National Commission on Law Observance and Enforcement concluded in 1931 (National Lawyers Guild Quarterly, 10/39; Immigration Policy Center, Spring/07). …
Florida Guard Convicted of Assaulting Prisoner by On January 16, 2009, a federal jury in Jacksonville, Florida found a former state prison guard guilty of a federal felony civil rights violation for assaulting a prisoner in August 2005. The prisoner, who was not named, allegedly feigned illness by lying on …
Supreme Court Holds Supervisory Officials Not Liable for Abuse of 9-11 Detainees by Matthew Clarke by Matt Clarke On June 14, 2007, the Second Circuit Court of Appeals affirmed in part and reversed in part a district court’s denial of the government’s motion to dismiss a lawsuit alleging abuse of …
Article • July 15, 2009 • from PLN July, 2009
$30,000 Settlement in Milwaukee Jail Death by The City of Milwaukee and other city officials settled a case involving a man who died in jail for $30,000. The case was published in April 2008. Felix Hopgood, 38, was arrested for shoplifting in July 2003. About 2½ hours after his arrest, …
Former Oregon DOC Food Manager Abandons Wife to Federal Prosecution; Herding Sheep in Iran While on the Lam by Mark Wilson Oregon Department of Corrections (ODOC) Food Services Administrator Farhad “Fred” Monem and his wife, Karen, accepted over $1.3 million in bribes and kickbacks in the worst public corruption scandal …
Article • July 15, 2009 • from PLN July, 2009
UNICOR Robs Jobs from Private Sector; Prisoners Sue Over Working Conditions by Brandon Sample It is already hard enough for free world workers to hold down a job without having to compete with UNICOR, the prison labor arm of the federal Bureau of Prisons. But that is exactly what a …
Article • July 15, 2009 • from PLN July, 2009
Prisoner’s Right to Mail Announcement of Peaceful Demon-stration Trumps Purported Prison Security Claims by Marvin Mentor On October 21, 2008, the U.S. District Court for the Eastern District of California upheld a state prisoner’s First Amendment right to send mail after his letters to several media agencies were blocked by …
University of Arizona Releases Report on Women Immigration Prisoners by Matthew Clarke by Matt Clarke In January 2009, the Southwest Institute for Research on Women (SWIRW) and the Bacon Immigration Law and Policy Program of the University of Arizona published a report on women held in Arizona immigration prisons. It …
$500,000 Awarded to New York Prisoner Raped by Jail Guard; Vacated on Post-Trial Motion by A New York federal jury awarded a woman $500,000 in a lawsuit claiming that her constitutional rights were violated when a guard forcibly raped her. The verdict, however, found the sheriff was not guilty of …
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