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Article • July 15, 2009 • from PLN July, 2009
Filed under: Sentencing, Habeas Corpus
Habeas Hints: Traverse Motion Responses by Kent A. Russell This column is intended to provide “Habeas Hints” to prisoners who are considering or handling habeas corpus peti-tions as their own attorneys (“in pro per”). The focus of the column is on habeas corpus practice under AEDPA, the 1996 habeas corpus …
Article • July 15, 2009 • from PLN July, 2009
Sentencing Project Releases Report on Sentencing Policy and Practice by Matthew Clarke by Matt Clarke In February 2009, The Sentencing Project released a report on developments in sentencing policies and practices in 2008. The report notes that, with 2.3 million prisoners, 5 million citizens on parole or probation and a …
Oregon Jail Guards Lose Access to Porn Sites by Mark Wilson Guards at the Multnomah County Detention Center (MCDC) couldn’t be trusted to stay off Internet porn sites during work hours, so Sheriff Bob Skipper pulled the plug effective December 1, 2008. Rampant, improper use of the Internet at the …
Arkansas Sends Toxic Tech Trash to UNICOR Recycling Program by Matthew Clarke by Matt Clarke A number of counties in Arkansas have been sending their toxic electronics waste, including broken computers and televisions, to Federal Prison Industries, Inc. (UNICOR), the industry program for the U.S. Bureau of Prisons (BOP). UNICOR …
Article • July 15, 2009 • from PLN July, 2009
New Mexico Abolishes Death Penalty; Similar Efforts Fail in Other States by David Reutter by David M. Reutter “Regardless of my personal opinion about the death penalty, I do not have confidence in the criminal justice system as it currently operates to be the final arbiter when it comes to …
$4.6 Million Settlements in Death of Quadriplegic D.C. Prisoner by David Reutter by David M. Reutter When 27-year-old Jonathan Magbie entered the District of Columbia Jail to serve a 10-day sentence, he was a quadriplegic confined to a mouth-operated wheelchair. Four days later he was dead. D.C. Superior Court Judge …
FBI Arrests Former Prisoner Indicted for Hacking Massachusetts Jail Computer by On November 5, 2008, the FBI arrested Francis G. Janosko, 42, for hacking into a computer at the Plymouth County Correctional Facility (PCCF) while he was incarcerated at the Massachusetts jail. A previously-sealed indictment was handed down a week …
Strip-Searched Iowa Bush Protesters Awarded Damages at Trial, Re-Trial by Matthew Clarke by Matt Clarke On June 4, 2008, a federal jury in Iowa awarded $750,000 to two political protesters who were arrested at the direction of the Secret Service, taken to jail and unlawfully strip-searched. After the court ordered …
Positive Correlation between Mental Illness and Prison Victimization by Jimmy Franks In September 2008, the Center for Behavioral Health Services & Criminal Justice Research (the Center) published its Policy Brief regarding a recent survey conducted to determine the quality of life for prisoners in New Jersey’s Department of Corrections (DOC). …
Article • July 15, 2009 • from PLN July, 2009
Santa Cruz County, Arizona Pays $3 Million in Strip Search Suit by Jimmy Franks On November 25, 2008, following two days of negotiation mediated by retired Pima County, Arizona Superior Court Judge, Honorable Lawrence Fleishman, the parties involved in a Class Action complaint regarding unconstitutional strip searches reached a satisfactory …
Article • July 15, 2009 • from PLN July, 2009
$10,000 Verdict in Sexual Assault by Virginia Guard by On October 20, 2008, a Virginia federal jury awarded a former Pittsylvania County Jail prisoner $10,000 in a lawsuit that claimed a guard had “sexually molested, harassed, and assaulted” her. The suit alleged that jail guard Hank Hazelwood violated Sheril Ann …
Bureau of Justice Publishes Report on Sexual Misconduct at Juvenile Facilities by The Bureau of Justice Statistics (BJS) released a report on the prevalence of sexual misconduct and violence at juvenile residential facilities. The report, entitled Sexual Violence Reported by Juvenile Correctional Authorities 2005-06, is in accordance with the Prison …
Article • July 15, 2009 • from PLN July, 2009
Report Says Unfinished Prison Project Is Single Greatest Iraq Reconstruction Failure by Matthew Clarke by Matt Clarke On February 2, 2009, Stuart W. Bowen, Special Inspector General for Iraq Reconstruction, released a report on the United States’ appropriation of $50 billion for rebuilding efforts in Iraq. The report, titled Hard …
Article • July 15, 2009 • from PLN July, 2009
Ohio Limits Electronic Monitoring to Only Those Who Can Pay by If you’re convicted in Ohio and can afford to pay, you may be able to obtain release on electronic monitoring. If not, you can serve your time in the Corrections Center of Northwest Ohio (CCNO). That is the new …
Article • July 15, 2009 • from PLN July, 2009
Miami’s Sex Offender Bridge Encampment Continues to Grow by David Reutter by David M. Reutter Population: 52. That’s how many sex offenders have been forced to live under the Julia Tuttle Causeway in Miami, Florida as of March 2009. In late 2007, the population was only 19. [See: PLN, June …
BOP Failed to Protect Female Prisoner Informant from Rape, Sexual Abuse by Guards by Brandon Sample The federal Bureau of Prisons (BOP) was “woefully deficient” in failing to protect a female prisoner from sexual abuse by BOP guards, U.S. District Court Judge Cecilia M. Altonaga concluded in November 2008, following …
No Qualified Immunity for Pepper Spraying Alabama Prisoner; Case Settles After Remand by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals held that pepper spraying a prisoner, keeping him in a small cell for longer than necessary to gain his compliance, and not allowing him to …
Article • July 15, 2009 • from PLN July, 2009
Filed under: News, News in Brief
News in Brief: by Alabama: In April 2009, two unnamed Walker County jail guards were suspended with pay pending an investigation into a female prisoner’s claim that she was raped by a male prisoner who had been temporarily transferred from state prison to the jail to attend a funeral. Sheriff …
$1,800,000 Settlement in Michigan Jail Prisoner Suicide Case by On January 1, 2008, the defendants in a Michigan federal civil rights action involving the suicide of a jail prisoner settled the case for $1,800,000, the largest jail suicide settlement in Michigan history. Tatisha Grant, 23, was arrested by River Rouge, …
Article • July 15, 2009
California Court of Appeal Holds 2006 Amendments Sexually Violent Predator Statute Not Retroactive by .The California Court of Appeal held that the 2006 amendment to the Sexually Violent Predator Act (SVPA) and Proposition 83 that same year may not be applied retroactively. George Whaley was originally civilly committed under the …
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