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Colorado Federal Facility Segregation Suit Settles For $150 by Colorado federal prisoner Lonnie Benefield brought a Bivens action against United States Penitentiary (USP) personnel at Florence and its warden in 1998 for placing him in segregation without due process. The suit settled for $150. Benefield was allegedly participating in programs …
Federal Prisoner Beaten For Refusing To Testify Against Another Prisoner by Minnesota federal prisoner Allan Parmelee brought a 42 U.S.C. § 1983 action against federal guards and marshals in 1993 for excessive force and due process violations after being needlessly beaten for allegedly failing to testify against a prisoner. The …
Article • March 15, 2009
Federal Prisoner's Lost Eyeglasses Suit Settles by Kansas federal prisoner Alan Strong brought a federal tort action against the United States in 1998 after personnel at the United States Penitentiary (USP) at Leavenworth lost eyeglasses valued at approximately $1,000. The suit settled for an undisclosed amount in 1999. Strong was …
Article • February 15, 2009
Nevada Revamps Rules Regarding Sealing And Redacting Court Records by The Nevada Supreme Court approved an amendment to Part VII of the Supreme Court Rules Governing Sealing and Redacting Records in 2007. The amendment applies to all civil actions with the exception of specific statutory provisions. Due to concern by …
Article • February 15, 2009
Nevada Seeks Non Judicial, Independent Appointment of Public Defenders by The Nevada Supreme Court ordered the creation of an Indigent Defense Commission (IDC) in 2007 to study and make suggestions regarding concerns for the selection, appointment, compensation, qualifications, performance standards and caseloads of public defenders. The Public Defender's Office was …
Article • February 15, 2009
Ninth Circuit Upholds Admission of Statements to Police in Phone Conversation Absent Miranda Warning by Washington State prisoner Habib Saleh sought review of his federal habeas corpus denial challenging the admission of statements made in a voluntary phone conversation he initiated at his trial for first degree murder. The court …
Pennsylvania Prison Official Settles Termination Lawsuit For Investigating Beating by Former Pennsylvania county prison official, Lt. Constance Bowers, brought a 42 U.S.C. § 1983 suit after being terminated in 2004, two months short of 20 years service to the state. She was allegedly terminated for failure to end an investigation …
Article • February 15, 2009
Plaintiff Held Mostly Liable After Tort Action Against BOP Backfires by Kentucky resident Carolyn Eichler and others brought a federal tort action in 1997 against the United States after a Bureau of Prisons (BOP) bus collided with their vehicle. Various plaintiffs alleged damages and the court determined that Eichler, the …
Article • February 15, 2009
Why Does Pennsylvania Have the Death Penalty? Still Asking by Robert Zaller Dr. Robert Zaller, Professor of History, Drexel University March 6, my colleague Julia Hall and I moderated a symposium at Drexel's law school to address the question of Pennsylvania's death penalty. It pulled together a distinguished panel from …
Article • February 15, 2009 • from PLN February, 2009
California Sex Offender’s Probation Travel Restrictions Abated by John Dannenberg by John E. Dannenberg Kenneth Smith was convicted of committing a lewd act on his stepdaughter and sentenced to three years in prison, which was suspended in lieu of five years probation. Upon learning that Los Angeles County had a …
Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine by Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine The Sixth Circuit Court of Appeals has held the favorable-termination doctrine does not apply to 42 U.S.C. § 1983 actions brought by prisoners who were foreclosed from challenging their incarceration in a habeas …
Article • February 15, 2009 • from PLN February, 2009
Filed under: Sentencing, Good Time
Washington Classification Reassessment Requires Notice and Hearing by The Washington State Court of Appeals held that reassessment of a prisoner’s risk classification which made him ineligible for a 50 percent sentence reduction, without notice or an opportunity to be heard, violated due process. In 2004, Charles Leon Wheeler pleaded guilty …
Article • February 15, 2009 • from PLN February, 2009
Arbitrator Awards Hawaii Prisoner $7,500 for Injuries Sustained While Working in Kitchen by On March 10, 2008, a Hawaii prisoner was awarded $7,500 through arbitration after being burned by hot coffee. On April 3, 2007, Will Kaaihue received second degree burns down the left side of his body while working …
Article • February 15, 2009 • from PLN February, 2009
Kentucky Jails’ Seizure of Funds for Booking, Room and Board Fees Upheld by Kentucky Jails’ Seizure of Funds for Booking, Room and Board Fees Upheld The Sixth Circuit Court of Appeals has held that the seizure of jail prisoners’ canteen funds for booking and room and board fees does not …
Article • February 15, 2009 • from PLN February, 2009
Pennsylvania Prisoner Appointed Counsel on Retaliation / MRSA Infection Claims by Pennsylvania Prisoner Appointed Counsel on Retaliation / MRSA Infection Claims A Pennsylvania federal district court appointed counsel to a prisoner in a lawsuit claiming he contracted a serious infection and faced retaliation after filing grievances about his medical condition. …
Retroactive Residency Restrictions for Missouri Sex Offenders Unconstitutional by Matthew Clarke by Matt Clarke On May 24, 2007, Cole County, Missouri Circuit Court Judge Patricia S. Joyce ruled that a Missouri statute requiring certain registered sex offenders to move if they lived within 1,000 feet of a school (§ 566.147, …
Article • February 15, 2009 • from PLN February, 2009
Washington Prisoner Suit for “Prevailing Wages” from Private Employer Fails by John Dannenberg Washington Prisoner Suit for “Prevailing Wages” from Private Employer Fails by John E. Dannenberg The Washington state Court of Appeals has affirmed a superior court’s denial of a “prevailing wage” claim filed by state prisoners employed by …
Article • February 15, 2009 • from PLN February, 2009
Filed under: News, News in Brief
News in Brief: by Arizona: On November 20, 2008, Earl Lappe, 32, a prisoner at the Lewis Morey Unit of the state prison in Buckeye was killed, apparently by another prisoner. In October, 2008, Duffy Kilrain, another prisoner at a separate prison, was also murdered. California: On December 22, 2008, …
Article • February 15, 2009 • from PLN February, 2009
South Carolina Jail Pays Prisoners $80,000 for Failure to Prevent/Treat MRSA by $80,000 to South Carolina Jail Prisoners for Failure to Prevent and Treat MRSA South Carolina’s Greenville County has agreed to pay $80,000 to settle 25 prisoners’ lawsuit that claims jail officials failed to take preventive measures to prevent …
Article • February 15, 2009 • from PLN February, 2009
No Prison Guinea Pigs: President Obama Should Act Now To Ensure Prisoners Aren’t Used For Medical Research by Allen M. Hornblum No Prison Guinea Pigs: President Obama Should Act Now To Ensure Prisoners Aren’t Used For Medical Research by Allen M. Hornblum and Jeffrey Ian Ross We keep hearing that …
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