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Article • September 15, 2007 • from PLN September, 2007
California: Disciplinary Conviction Upheld Where Petitioner Argued Only Violation of Constitutional Rights, Not State Law Rights by John Dannenberg Strictly construing the U.S. Supreme Court's "some evidence" rule, the California Court of Appeal held that where one cellmate had secreted contraband razor blades in his cell property, his cellmate could …
Bivens Claims Against Private Prison Employees May Fail When Other Remedies Available by In an evenly divided en banc rehearing, the United States Court of Appeals for the Tenth Circuit was unable to decide whether a Bivens action is available against employees of a privately?operated prison. In 2001, Cornelius E. …
Article • September 15, 2007 • from PLN September, 2007
California Sexual Predator Commitment Requires Trial; Cannot be Based on Civil Discovery Admissions by The California Court of Appeal, District 4, held that the civil commitment of sexual predators (Cal. Welfare and Institutions Code § 6600 et seq.) cannot be obtained upon admissions propounded under civil discovery rules. To do …
Fulton County Jail Consents to Improve Dismal Conditions by David Reutter The Fulton County Jail (FCJ) has entered into an agreement to correct the “dismal environmental conditions and poor maintenance” at the facility. A Georgia federal district court approved a consent order on February 7, 2006 to solidify the badly …
Article • August 15, 2007 • from PLN August, 2007
BJS Report: The Price of Justice in 2003 by Michael Rigby by Michael Rigby In 2003 the U.S. spent a staggering $185 billion to fund its burgeoning ?justice? system, according to a report by the Bureau of Justice Statistics released in March 2006. That figure includes funds spent on prisons …
Prison A Major Factor In Spreading AIDS by Gary Hunter A recent study entitled African Americans, Health Disparities and HIV/AIDS has directly linked incarceration to the spread of AIDS in minority communities. Robert Fullilove ED.D., of Columbia University authored the study which was released on December 1, 2006 to coincide …
Wrongfully Imprisoned California Man Awarded $18 Million by On February 15, 2006, a federal jury in California awarded $18 million to a man who was wrongly charged with sexual assault of a child and imprisoned for 10 months. During his false imprisonment in the Los Angeles County Jail, Ramirez, 26, …
Article • August 15, 2007 • from PLN August, 2007
New York Prisoner Awarded $190,000 For Improperly Treated Knee Injury by On June 6, 2006, a court of claims in White Plains, New York, awarded $190,000 to a state prisoner who claimed prison staff was medically negligent in their treatment of his knee injury, thus causing him to undergo an …
Six Florida Federal Prison Guards Convicted, Sentenced On Rape and Corruption Charges by Matthew Clarke by Matthew T. Clarke Five former prison guards convicted in federal court on criminal charges stemming from a sex-for-contraband scandal at the Federal Correctional Institute (FCI) in Tallahassee, Florida have been sentenced; four received prison …
Quadriplegic California Prisoner Baked to Death in Transport Van by A California state prisoner being transferred in 109-degree weather from a Central Valley prison to a remote desert facility baked to death in the back of a transport van after the air conditioning in the passenger section of the vehicle …
Article • August 15, 2007 • from PLN August, 2007
Shackling at California Jury Trial, Without Justifying Need, Is Reversible Error by A California state prisoner who was convicted of possessing drugs in his cell had his jury conviction reversed because the trial court had not determined the necessity of his being tried in chains and prison garb. Melvin Simmons, …
Article • August 15, 2007 • from PLN August, 2007
Texas Prison System Faces Critical Guard Shortage by Matthew Clarke by Matthew T. Clarke The Texas Department of Criminal Justice (TDCJ) is understaffed by 3,152 guards, a 12% deficit compared to full staffing. The shortage has grown each year from an average of 8.5% in 2004. Some prison units have …
Article • August 15, 2007 • from PLN August, 2007
Illinois Jail Prisoner Dies from Dental Infection by A 25-year-old prisoner at the Peoria County Jail died from an infection in his gums that spread throughout his body, causing multiple-organ failure. Jeremy L. Baksai had been in the Peoria jail since November 2006, awaiting an April 30, 2007 trial on …
Article • August 15, 2007 • from PLN August, 2007
Torture vs Other Cruel, Inhuman, and Degrading Treatment -- Is the Distinction Real or Apparent?, by Metin Basoglu, MD, PhD et al., by John Dannenberg Arch Gen Psychiatry Vol. 64, pp.277-284, March 2007 Reviewed by John E. Dannenberg Motivated by recent reports of U.S. human rights abuses in military prisons, …
Article • August 15, 2007 • from PLN August, 2007
U.S. Surgeon General Pressured to Avoid Addressing Prison Health Care by On July 10, 2007, The New York Times reported that former U.S. Surgeon General Richard H. Carmona, during a House Oversight and Government Reform Committee hearing, had testified that he was pressured by administration officials to suppress public health …
Article • August 15, 2007 • from PLN August, 2007
Filed under: Medical, Tuberculosis
TB Prevention and Control In Prisons and Jails: New CDC Guidelines by John Dannenberg by John E. Dannenberg The National Center for Disease Control (CDC) updated its 1996 standard guidelines for effective prevention and control of tuberculosis (TB) in detention facilities by issuing fifteen new recommendations in 2006. These were …
We’ll Lock Up Your Tired, Your Poor, Your Huddled Masses Yearning to Breathe Free by Amy Goodman We'll Lock Up Your Tired, Your Poor, Your Huddled Masses Yearning to Breathe Free by Amy Goodman "I want to be free. I want to go outside, and I want to go to …
Article • August 15, 2007 • from PLN August, 2007
From the Editor by Paul Wright This month?s cover story reports on the public health implications which the willful neglect of prisoner health care issues in this country has on the overall population. This has been an ongoing topic of coverage in PLN over the past 17 years. Sadly, nothing …
Prison Privatization Launders Taxpayer Dollars into Political Contributions by David Reutter by David M. Reutter If you know a company is not saving you money or performing its contractual obligations, why would you continue to use that company? The normal consumer would end the relationship quickly. When it comes to …
Article • August 15, 2007 • from PLN August, 2007
Minnesota Prison Industries Managers Ride High on Prison Slavery by David Reutter by David M. Reutter A report by Minnesota?s Office of The Legislative Auditor (Auditor) has found conflicts of interest, the improper disposition of surplus property, and questionable contracting practices existed at MINNCOR Industries, Minnesota?s prison industry. That special …
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