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Internal Affairs Reports Available to Maryland Criminal Defendant; 2 Prong Test Discussed by Maryland’s Special Court of Appeals has held that a criminal defendant is entitled to disclosure of a detective’s Internal Affairs Division (IAD) filed, but held the Court must review that file to determine what must be disclosed. …
Article • June 15, 2008
Kansas Prisoner not Consumer under State Consumer Protection Act by Nathaniel Ellibee, a Kansas state prisoner, sued the vender which provides meals for the state Department of Corrections (DOC) in state court under the state Consumer Protection Act (Act) because the vender wasn't providing kosher meals. The trial court dismissed …
Article • June 15, 2008
Michigan Mental Patient Properly Denied Documents Under FOIA for Failure to Establish Indigence by Roger Kearney, III, a Michigan state mental patient, sought copies of his treatment records without having to pay copying fees, pursuant to the state Freedom of Information Act (FOIA) Mich. Comp. Laws § 15.231 et seq. …
Article • June 15, 2008
Michigan Prison Disciplinary Decisions not Subject to FOIA by Raymond Walen and David Desorcy (Prisoners) Michigan state prisoners, sued guards in state court under the state Freedom of Information Act (FOIA) Mich. Comp. Laws § 15.231 et seq. (Mich. Stat. Ann. § 4.1801(1) et seq.) to compel inspection of decisions …
Article • June 15, 2008
MI Prisoner Awarded Costs and Given Documents Under FIOA by Steven Haskins, a Michigan state prisoner, sued in state court under the state Freedom of Information Act (FOIA) Mich. Comp. Laws § 15.231 et seq. (Mich. Stat. Ann. § 4.1801(1) et seq.), to compel Oronoko Township to disclose to him …
Article • June 15, 2008
Ohio Prisoner May be Entitled Under PRA to Documents Identifying Guards Who Beat Him by Timothy Conley, an Ohio state prisoner, petitioned for a Writ of Mandamus in state court to compel prison officials to disclose documents identifying guards who had beaten him several times. The trial court dismissed the …
Article • June 15, 2008
Michigan Prisoner Properly Denied Review of Documents too Numerous to Transport to Him by Jason Mithrandir, Robert Van Horn, John Chapman and Joseph Molinari (Prisoners), all Michigan state prisoners housed in segregation, asked to review Department of Corrections’ (DOC) files, pursuant to the state Freedom of Information Act (FOIA) Mich. …
Article • June 15, 2008
Michigan Prisoner’s FOIA Suit Dismissed Because No Violation Occurred by Ronald Jordan, A Michigan state prisoner, requested documents from a prison office manager (Manager) under the state Freedom of Information Act (FOIA), Mich. Comp. Laws § 15.231 et seq. (Mich. Stat. Ann. § 4.1801(1) et seq.). After several weeks went …
Article • June 15, 2008
Michigan Prisoner Awarded $500 for DOC's Violation of FOIA by Timothy Kincaid, a Michigan state prisoner, sued the state Department of Corrections (DOC) in state court under the state Freedom of information Act (FOIA), Mich. Comp. Laws 15.231 et sec, to compel disclosure of his disciplinary records. The trial court …
Article • June 15, 2008
Missouri Prisoner Appointed Lawyer in Federal Civil Rights Action by Don Shields, a Missouri state prisoner, filed a civil rights action in federal district court after a St. Louis cop refused to return money and other property seized during Shields' arrest. The district court dismissed for failure to comply with …
Montana Guards' Disciplinary Sanctions and Names Held Disclosable by Several guards at the Montana State Prison were disciplined for their behavior during a riot in which several prisoners in protective custody were killed. Numerous newspapers' requests for a copy of the report outlining the guards' discipline was granted, but the …
Article • June 15, 2008
Montana Newspaper Entitled to Fees Incurred to Obtain Copies of Documents by The Havre Daily News (newspaper), a Montana subchapter of a Washington corporation, sued the city of Havre, Montana in state court under Mont. Const. art. II § 9 to compel disclosure of an unredacted incident report. During litigation …
Article • May 15, 2008 • from PLN May, 2008
From the Editor by Paul Wright This issues marks PLN?s 19th anniversary of continuous publishing and we have now published 219 consecutive issues of PLN. Few magazines even publish ten issues, much less a hundred. Moreso considering the obstacles PLN has faced since it?s inception of being published behind bars, …
Article • May 15, 2008 • from PLN May, 2008
When Courts Get it Wrong: Clark v. Beard by Mumia Abu-Jamal by Mumia Abu Jamal When courts decide cases, the most important elements are the law, the facts and how to apply the relevant law to the facts. When courts err in any of these elements the result is usually …
Article • May 15, 2008 • from PLN May, 2008
NY Court Dismisses Prisoner’s Assault Claim, Voids $500,000 Jury Award by NY Court Dismisses Prisoner's Assault Claim, Voids $500,000 Jury Award On March 15, 2007, a New York Civil Court dismissed a lawsuit filed by Riker's Island prisoner George Craig, who alleged that the City was liable for injuries he …
Article • May 15, 2008 • from PLN May, 2008
Deadly Staph Infection 'Superbug' Has a Dangerous Foothold in U.S. Jails by Silja JA Talvi by Silja J.A. Talvi Dr. Jeff Duchin, the communicable diseases chief for Seattle/King County Department of Public Health holds his soap-lathered hands in an attention-grabbing newspaper cover photo. Above his dignified image is a highly …
Article • May 15, 2008 • from PLN May, 2008
$100,000 Damage Award Vacated for Seven-Year Service Delay by The Ninth Circuit Court of Appeals vacated a $100,000 excessive force judgment, and ordered dismissal of the action due to a seven-year delay in service on the defendants. On August 9, 1995, Robert Efaw was confined in the Navajo County Jail …
Summer of Discontent by John Dannenberg by John E. Dannenberg Underlying the purported societal goal of prisoner rehabilitation lurks the reality of what impedes it: systemic violence that defines the adversarial relationship between all men and women behind bars, prisoners and guards alike. Driven by racial animus, drugs, anger, gang …
Congress Must Act to Protect Young Detainees from Abuse by Marian Edelman by Marian Wright Edelman Posted May 19, 2008 In recent years, the Children's Defense Fund has received horrifying reports of the physical and sexual abuse of children and teens in juvenile correctional facilities. There are accounts of children …
Prison Doctors, Tainted by Regulatory Board Discipline, Administer Wisconsin Prisoner Care by David Reutter by David M. Reutter Whenever prisoners complain about inept healthcare, prison officials accuse them of being manipulating whiners, or assert they are being administered the ?community standard of care? by competent medical professionals. A review by …
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