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Article • February 15, 2009 • from PLN February, 2009
Deceased New York Prisoner Wins Barber/Cosmetology Licensing For Ex-Cons by Three years after his death, ex-con Marc LaCloche won his long-fought case to permit ex-cons in New York state the right to gain barber and cosmetology licenses. LaCloche, after an 11-year stint in New York prison, sought to make a …
Seventh Circuit Upholds False Disciplinary Charges; Due Process Violation in Transfer to Supermax Voluntarily Dismissed by The Seventh Circuit Court of Appeals affirmed a district court’s order dismissing a prisoner’s claim that guards violated his due process rights by fabricating a disciplinary charge and then finding him guilty based upon …
Sovereign Immunity Bars RFRA Damages in DC Circuit by The U.S. Court of Appeals for the District of Columbia Circuit has affirmed a district court’s decision that sovereign immunity bars damage claims under the Religious Freedom Restoration Act (RFRA). The court found that RFRA does not provide a clear and …
Muslim Prisoners Cannot be Forced to Handle Pork; Qualified Immunity Denied by The Third Circuit Court of Appeals held that a Muslim prisoner’s complaint that prison officials disciplined him for refusing to handle pork stated a claim under the First Amendment and the Religious Land Use and Institutionalized Persons Act …
Article • February 15, 2009
Three-Judge Federal Court Compels California DOC to Produce Documents by The three-judge federal panel that was convened to consider reducing California’s prison population, so as to remedy constitutionally inadequate medical care and mental health care, has granted a motion to compel filed by the prisoner-plaintiffs. The court compelled the California …
Article • February 15, 2009
Filed under: Sentencing, Bail
Fifth Circuit Overturns Texas Bail Bond Solicitation Restrictions by by Matt Clarke On June 7, 2007, the Fifth Circuit Court of Appeals overturned as violative of the First Amendment a Texas statute that restricted solicitation of bail bond customers. One section of the statute was upheld, related to phone solicitations. …
Article • February 15, 2009
Alabama Prisoner Entitled to Hearing on Full Jail Credit by The Court of Criminal Appeals of Alabama has held that a prisoner is entitled to an evidentiary hearing on his claim that he was not awarded sufficient jail credit. After the Jefferson Circuit Court summarily denied his habeas petition, Alabama …
Article • February 15, 2009
California: 1st Degree Occupied Burglary Doesn’t Bar Working in Licensed Community Care Facilities by Convicted felons suffer many civil disabilities, even after discharge from custody and post-release supervision. In California, a person whose criminal past includes a “crime against a person” is precluded from working in a state-licensed community care …
Article • February 15, 2009
Filed under: Medical, Medication
American Service Group Sells Secure Pharmacy Plus to Maxor by On April 12, 2007, Brentwood, Tennessee-based American Service Group (ASG), one of the largest private providers of prison health care announced the sale of certain assets of its prison pharmacy subsidiary, Secure Pharmacy Plus, to Maxor National Pharmacy Services Corporation. …
FOIA Exemption for Personal Privacy Requires Factual Basis by The D.C. Circuit Court of Appeals held that while the Freedom of Information Act (FOIA) exempts government agencies from releasing data that amounts to an “unwarranted invasion of personal privacy,” summary judgment would not be permitted when a factual dispute existed …
Article • February 15, 2009
Indiana Prisoner Entitled to Seek Public Prison Records by Indiana’s Third District Court of Appeals held it was error to dismiss a prisoner’s complaint seeking to compel prison officials to allow him to inspect and copy public records. In 2004, Eric D. Smith, a prisoner at Indiana’s Maximum Control Facility …
Article • February 15, 2009
California SVP Act Allows Indeterminate Department Of Health Commitment by California Sexually Violent Predator (SVP) Ronald Carroll appealed his indeterminate commitment to the State Department of Mental Health (DMH) after a two year statutory commitment provision was amended. The commitment was affirmed. Carroll was convicted of rape in 1970 and …
Article • February 15, 2009
$210,000 Settlement For Execution Of Dog By Richmond, California Police by Richmond (California) residents Cynthia Peters and Mark Parr brought a federal action against Richmond police who shot their dog while pursuing a suspect. The suit settled for $225,000. Two Violence Suppression Unit police officers were pursuing a suspected drug …
Article • February 15, 2009
California Presentence Confinement Credit Not Applicable To Time On Bail by The Ventura County (California) District Attorney (DA) appealed a 2006 award of 434 days presentence confinement credit to a state prisoner subjected to electronic monitoring on bail prior to her conviction. The award was reversed. Esther Anaya was entrusted …
Federal "Relation Back" Doctrine Intended To Expand, Not Limit, Prisoners' Rights by New Jersey State prison officials, guards and riot team personnel (defendants) moved for summary judgment dismissal of an amended 42 U.S.C. § 1983 complaint following a 30 day lockdown at the Bayside Prison. The amendment allowed an already …
Article • February 15, 2009
Ohio Pays $552,500 For 13 Years Of Wrongful Imprisonment by Ohio ex prisoner Anthony Green settled his wrongful imprisonment action against the Ohio Department of Rehabilitation and Correction for $552,500. He had been imprisoned for 13 years. Green was found guilty by a Cuyahoga County jury for rape and aggravated …
Article • February 15, 2009
Oregon Prohibits Public Individuals' Cause Of Action Elimination Absent Adequate Substitution by The Oregon Health Sciences University (OHSU) sought review of an appellate ruling disregarding statutory provisions and allowing claims against the OHSU's individual defendants for neglect causing permanent brain damage to Jordan Clarke in 1998. Clarke's guardian, Sari, sought …
Article • February 15, 2009
Dancing Prisoners: Why it isn't funny anymore by Carlo Osi By Carlo Osi | 09/22/2008 10:44 AM PHILADELPHIA – The Dancing Prisoners, if you will recall, was the Internet sensation in 2007 when prisoners from Cebu danced their way to international stardom by moving to the groove of Michael Jackson's …
$2,000 Settlement For Federal Prisoner's Lost Property And Legal Work by Wisconsin federal prisoner Joseph Davis brought a combined 42 U.S.C. § 1983 and federal tort action in 1997 after guards lost his property and legal documents, and assaulted him during a transfer to another prison. He claimed that he …
Federal Prisoner Sues For $1 Million After Being Raped By Guard by Kentucky federal prisoner Katherine West Wegner (plaintiff) brought a federal tort action for $1 million in 1995 after being raped by a Bureau of Prisons (BOP) guard. The guard had prior known incidents of such behavior that went …
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