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PLN Loses Final Round in FDOC Writer Pay Ban / Censorship Suit by The Eleventh Circuit Court of Appeals has upheld a Florida district court’s grant of judgment to the Florida Department of Corrections (FDOC) in a lawsuit filed by PLN challenging the FDOC’s writer pay ban and policy of …
Federal Prisoner Facing Deportation Has No Right to Rehabilitative Programs by Hector Jimenez, a federal prisoner facing deportation when his prison sentence was completed, filed suit in U.S. district court under 28 U.S.C. §§ 2241 and 2255, claiming that his equal protection rights were violated when prison officials denied him …
Article • August 15, 2008
Federal Prisoner's Bivens Action Claiming Civil Rights Violations During Arrest and Prosecution Reinstated by Donald Jackman, a federal prisoner, sued fifty-one defendants in federal district court under Bivens and 42 U.S.C. § 1983, claiming they had violated his civil rights in various ways during his arrest and criminal prosecution. The …
Fifth Circuit Upholds Convictions of Three INS Officers by The Fifth Circuit has upheld the convictions and sentences of three Immigration and Naturalization Service (INS) deportation officers for excessive use of force and deliberate indifference to the serious medical needs of a prisoner. Richard Gonzales, Louis Gomez and Carlos Reyna …
Article • August 15, 2008
Filed under: Crime/Demographics, Crime
Capitalism and Incarceration Revisited by Richard D. Vogel “Capitalism and Incarceration.” written by the author and published in Monthly Review twenty years ago (March 1983), analyzed the relationship between the capitalist economy and the prison system in America and came to an indisputable conclusion: The overall trends and year-by-year correspondence …
Federal Court Rules RFRA Applies to Guantanamo by by Matthew T. Clarke The United States District Court for the District of Columbia ruled that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. 2000bb, et seq., applied to the detention facilities at the U.S. military base at Guantanamo Bay, Cuba. Shafiq …
Article • August 15, 2008
Texas Supreme Court Upholds Sex Offender Civil Commitment Statute by by Matthew T. Clarke On May 20, 2005, the Supreme Court of Texas held that the Texas Civil Commitment of Sexually Violent Predators Act (the Act), Chapter 841, Texas Health and Safety Code, is not punitive and therefore is constitutional. …
Article • August 15, 2008
Filed under: Sentencing, Parole
New York Court Orders Parole Board to Decide Murderer’s Parole Based Solely on Recent Prison Record; Reversed on Appeal by by John E. Dannenberg The Manhattan Supreme Court ordered the New York Division of Parole (“Board”) to release a murderer unless it came up with a valid denial reason based …
Article • August 15, 2008
Prison Tuberculosis Cases Far Exceed Non-Prison Cases by The number of Tuberculosis (TB) cases in prison far outpaced the general population between 1993 and 2003, according to a study published in the American Journal of Public Health. While TB rates in the general population remained fewer than 10 cases per …
Article • August 15, 2008
Colorado Community Corrections Confinees Eligible for Workers' Compensation by A Colorado court of appeals held that a community corrections program (CCP) is not a jail or prison, and therefore workers' compensation benefits should not be suspended for prisoners participating in CCPs. Hilario Vasquez, a participant in a Colorado CCP, was …
Article • August 15, 2008
U.S. Prison Population Tops 2.1 Million by by: Michael Rigby Even if you're not in prison today, you could be tomorrow. With more than 2.1 million people in prison or jail at midyear 2004--a 2.3% increase over the previous year--the odds of imprisonment were frighteningly good, a recent Bureau of …
PRISON IS A CENTRAL FEATURE OF PALESTINIAN LIFE by Audrey Bomse, Esq. Since 1967, when the West Bank and Gaza were first occupied by Israel, over 650,000 Palestinians have been detained for resisting the Israeli Occupation by political, military and other means. This constitutes approximately 20% of the total Palestinian …
Article • August 15, 2008
$390,000 Settlement in Unlawful Arrest Warrant by New Jersey’s Essex County settled a claim against it that alleged a prosecutor was “plainly incompetent” for procuring and executing an arrest warrant. The case settled for $390,000 prior to a damages trial. The plaintiff’s false arrest claim came after the Essex county …
Article • August 15, 2008
Tenth Circuit Upholds DNA Testing by Richard Banks, Mary Doyle, Stanley Acuff, Melanie Alpin and Lisa Bell, all non-violent federal prisoners, challenged amendments to 42 U.S.C. § 14132(a), et seq, which allowed officials to collect blood samples from non-violent prisoners for DNA testing. The district court upheld the amendments, and …
Article • August 15, 2008
Unlawful Maryland Strip Search Suit Settles for $285,000 by Kent County, Maryland high school students Heather Gore and Jessica Bedell received a total of $285,000 and apologies in a settlement for nefarious strip searches conducted in 2004. The Kent County Sheriff’s Dept. brought drug sniffing canines into the school in …
Article • August 15, 2008
Catalyst Theory Doesn’t Apply to EAJA by Mirta Morillo-Cedron and other immigrants (plaintiffs) applied for U.S. citizenship, but the District Director for the U.S. Citizenship and Immigration Services (Director) didn’t act on their applications. The plaintiffs sued to compel action in federal district court. Before the court ruled, the Director …
Article • August 15, 2008
Challenge to Missouri Lethal Injection Protocol Remanded for Discovery by On April 27, 2006, the Eighth Circuit Court of Appeals remanded a death row prisoner's challenge to Missouri’s lethal injection protocol for additional discovery following a botched attempt at resolving the issue using an accelerated schedule. Michael Anthony Taylor, a …
Article • August 15, 2008
Delaware Attorney General Has No Duty to Initiate Enforcement Proceedings of State Public Record Law by Delaware prisoner Ronald sought mandamus relief to compel the Attorney General to initiate enforcement proceedings under the state’s Freedom of Information Act. The Superior Court denied the petition. The Delaware Supreme Court affirmed, holding …
Article • August 15, 2008
Dismissal of Colorado Transsexual Suit Reversed by The Colorado Court of Appeals reversed the dismissal of a transsexual prisoner’s lawsuit seeking treatment by a gender specialist counselor. Christopher Grey, a Colorado prisoner, suffers from gender identity disorder (a.k.a. transsexualism), and refers to himself as Crystal, Catherine Jene, and “C.J.” Grey …
Disciplinary Rule Description Rather than Title Controls by The West Virginia Supreme Court of Appeals has held that “it is the content of what is contained under a title that is critical in most instances, not the title” of a prison disciplinary rule (DR). This ruling comes in the appeal …
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