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System Examined in Death of Washington Prisoner by Angela Galloway By the time the guard helped him, the 32-year-old burglar's eyes and skin glowed yellow. Curled up on his metal bunk at McNeil Island Correctional Center, Phillip Montgomery's lanky, athletic body lay weak from days of pain and vomiting. A …
Article • February 15, 2003 • from PLN February, 2003
Washington DOC Settles Hep C Death Suit for $1 Million by Washington DOC Settles HEP C Death Suit for $1 Million On October 30, 2002 the Washington Department of Corrections agreed to pay $1 million to the family of Philip Montgomery to settle a wrongful death suit filed by his …
Article • January 15, 2003 • from PLN January, 2003
Filed under: Sentencing, Parole
USPC Parole Revocation Policies Violate Due Process by David Reutter by David M. Reutter A federal district court for the Dis-trict of Columbia has granted injunctive relief to prisoners challenging the United State Parole Commissions (USPC) unconstitutional policies, which unduly delay revocation of parole proceedings. The USPC assumed the powers, …
Article • January 15, 2003 • from PLN January, 2003
Less Restrictive Alternatives Must Be Considered in Washington Sex Predator Commitments by The Washington state Supreme Court, sitting en banc, held that the "equal protection clauses of the state and federal constitutions require that less restrictive alternatives (LRAs) to confinement be considered at . . . commitment trials" under RCW …
Washington Prison Health Care Substandard by Angela Galloway When Leland Workman's heart faltered while he was imprisoned at McNeil Island Correction Center, the nurses couldn't find the IV equipment needed to ease his chest and arm pain. They couldn't find standing orders for managing emergencies when there's no doctor on …
Article • December 15, 2002 • from PLN December, 2002
Washington Sex Offender Community Placement Dilemma by Roger Smith When "high-risk" sex offenders are released from Washington State prisons their pictures, names, addresses, and offenses are broadcast on the local news. Armed with that information, angry neighbors often drive them from the communities they're released to. With no one willing …
Article • December 15, 2002 • from PLN December, 2002
The Unmourned Death of Felony Murder by Assault in Washington by David Zuckerman by Suzanne Lee Elliott and David B. Zuckerman For at least 36 years, Washington has permitted defendants to be convicted of felony murder in the second degree when the underlying felony is assault. Prisoners rightly complained that …
Article • December 15, 2002 • from PLN December, 2002
Washington DOC Pays $2,306.22 in Prisoner PDA Suit by On October 17, 2001, the Washington Department of Corrections ("DOC") agreed to settle a suit filed against it pursuant to Washington's Public Disclosure Act ("PDA") for $2,306.22. The PDA, like its federal counterpart the Freedom of Information Act, requires all state …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Sentencing, Good Time
Good Time Allowed on Washington Weapon Enhancements by Sam Rutherford The Washington Supreme Court recently held that prisoners are entitled to good time credits for time served in presentence detention, even if they receive a firearm or other deadly weapon sentence enhancement following conviction. Understanding the Court's ruling first requires …
Article • December 15, 2002 • from PLN December, 2002
Washington Gift Publication Ban Not Clearly Unconstitutional Before Crofton by The Ninth Circuit Court of Appeals held that prior to its opinion in Crofton v. Roe, 170 F.3d 957 (9 th Cir. 1999) it was not clearly established that prison bans on gift publications were unconstitutional. In 1996 a federal …
Brief • November 21, 2002
Thietje v. WA DOC, WA, Complaint, Collision With State Car, 2002 , FORM S.F.138 (Rov.7195) ~~ U' Pursuant 10 RCW 4.92. Ihis form is provided ror your STATE OF WASHINGTON STANDAAD VEHICLE ACClDENTTORT ClAIM FORM convonlence when filing a Tort cl<lim against tho Stale of Washington involving an accident with …
Judge Approves $9.6 Million Settlement in DC Jail Employees' Sexual Harassment Suit by Lonnie Burton In January 2002 U.S. District Judge Royce C. Lamberth gave final approval for disbursement of $9.6 million from the settlement of a class-action sexual harassment lawsuit brought by female employees of the Washington D.C. Department …
Article • November 15, 2002 • from PLN November, 2002
Washington Pretrial Detainees Have Right to Access Courts by The Washington State Court of Appeals held that Washington prisoners have a greater right to access to the courts than the federal constitution provides, and that right extends to pro se pretrial detainees. Matthew Silva was charged with taking a car …
Article • October 15, 2002 • from PLN October, 2002
Filed under: Sentencing, Good Time, Parole
Washington Good Time Depends on When Crime Occurred by A Washington state appeals court held that the amount of good time credits a prisoner received depended on when the underlying crime occurred, in a case where the good time available to prisoners convicted of certain offenses had changed. Washington, like …
Article • October 15, 2002 • from PLN October, 2002
Attorney Fee Award Upheld in Washington Excessive Force Case by The Washington State Supreme Court, sitting En Banc, held that the Superior Court did not abuse its discretion in awarding attorney fees against a police officer on an excessive force claim. This ruling is useful for prisoners bringing federal claims …
Article • October 15, 2002 • from PLN October, 2002
Washington District Court Grants Preliminary Injunction for Kosher Meals by The United States District Court for the Eastern District of Washington has ordered a preliminary injunction (PI) granting a state prisoner kosher meals in accordance with tenets of Orthodox Judaism. Roland Pitre is a state prisoner at Airway Heights Correctional …
Brief • October 1, 2002
Gilcrist v. Daley, WA, Complaint, Disclosure of Inmate Grievance Actions in Psychological Report, 2002 , '. .. . IN ~BB, SUPBRIoa COURT 01' roR ALVIN L. ~BURSIfO. GILCRIS~, ) ) Plaintiff, va. J DEPARTMBN~ and, Ho. ) ) ) ). ) ) PAUL C. DALEY, In His Official capacity As …
Washington Prisoners Sue DOC for Extortion, Mail Fraud, Criminal Profiteering and Racketeering by Four Washington state prisoners have filed suit against the Department of Corrections (DOC) over DOC's longstanding practice of charging prisoners to ship their own personal property when they are transferred from one institution to another, and doing …
Article • September 15, 2002 • from PLN September, 2002
Washington Sex Offender Therapist Fired for Sex Related Misconduct by Thomas Smith is again in hot water over his seemingly endless sexoriented misconduct. On February 12, 2002 he was fired from his therapist position at the Special Commitment Center (SCC) on McNeil Island near Steilacoom, Washington. He had "treated" civilly …
Brief • August 22, 2002
Cooper v. WA DOC, WA, Complaint, Unlawful Detention After Time Served, 2002 3/DS4-50l 1 NOTJ:CB _OF CLAIH FOR DAMAGBS 2 AGAINST WASHINGTON STATE 3 -ro: TORT CLAIMS ADM:tNJ:STRA~OR STATE OFFiCE OF RISK MANAGEMENT lID? AUG 22 AM 9: 43 B'OR THE OFFICE OF RISK HMJAGEMEN'll' 4 01' THE STATE OF …
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