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Article • June 15, 2007 • from PLN June, 2007
$2.5 Million Settlement in Schenectady County Strip Search Suit by On July 31, 2006, Schenectady County, New York, agreed to settle a suit over its county jail strip search policy for $2.5 million. This is a class-action civil rights lawsuit brought in federal district court pursuant to 42 U.S.C. § …
Article • June 15, 2007 • from PLN June, 2007
California Governor’s Parole Veto Reversed by Federal Court by John Dannenberg California Governor's Parole Veto Reversed by Federal Court by John E. Dannenberg The U.S. District Court granted a California second degree murderer's 28 U.S.C. § 2254 habeas corpus petition and ordered that he be released on parole unless the …
New York Jail’s Juvenile Education Suit Returns to District Court by New York Jail's Juvenile Education Suit Returns to District Court The Second Circuit Court of Appeals has held that a federal court may only grant relief in a civil rights action filed by a prisoner on federal law claims …
Article • June 15, 2007 • from PLN June, 2007
Federal Prisoner’s Criminal Assault Conviction Reversed; Entitled to Raise Self-Defense by Federal Prisoner's Criminal Assault Conviction Reversed; Entitled to Raise Self-Defense The Ninth Circuit Court of Appeals has held that a California federal district court failed to properly define the elements of a claim of self-defense when a prisoner was …
Ninth Circuit: Prisoner is Protected by Legal Privilege but Not Marriage Privilege When Writing His Lawyer-Wife by A California state prisoner who was being tried in United States District Court for federal conspiracy, racketeering and murder offenses committed from state prison, and whose wife was his lawyer, was permitted to …
Washington Indigents All Get Experts at Public Expense by The Washington State Supreme Court has ruled that CrR 3.1(f) entitles indigent criminal defendants to expert services at public expense, even if they?re represented by private counsel. Rodin Punsalan and Chayce Arden Hanson were prosecuted in the King County Superior Court …
New York Prisoner Beaten By Unofficial Enforcer Awarded $500,000 by A man who claimed he was beaten while imprisoned at New York?s Rikers Island jail complex will receive $500,000 under the terms of a settlement agreement reached with the City on February 14, 2007. Donald Jackson had claimed in his …
Article • June 15, 2007 • from PLN June, 2007
Filed under: News, News in Brief
News in Brief: by Afghanistan: On May 6, 2007, two US army soldiers were shot and killed outside the Pul-i-Charki prison near Kabul and two others were wounded when an Afghan soldier opened fire on their vehicle as it was leaving the prison. The dead soldiers were training guards in …
Article • June 15, 2007 • from PLN June, 2007
Filed under: Medical, Gastrointestinal
$30,000 Award in Hawaii Medical Negligence Suit by On March 14, 2006, a court in Hawaii awarded a prisoner $30,000 for medical negligence by Oahu Community Correctional Center (OCCC) personnel. Walter V. Rodenhurst, III, was a pre-trial detainee who was incarcerated at the Federal Detention Center (FDC) due to overcrowding …
Private Prison Companies Bilk Florida Taxpayers Out of Millions by David Reutter by David M. Reutter From its inception, privatization of Florida prisons has been touted as a way to save taxpayers money. Yet, a 2005 audit by Florida's Office of Program Policy Analysis and Government Accountability (OPPAGA) revealed that …
Article • June 15, 2007 • from PLN June, 2007
Los Angeles County Jail Visitor’s Injury After Scuffle With Deputies Settles For $150,000 by Los Angeles County Jail Visitor's Injury After Scuffle With Deputies Settles For $150,000 The Los Angeles County Claims Board settled out an injury lawsuit for $150,000 in December 2006 that resulted from a jail visitor being …
Article • June 15, 2007 • from PLN June, 2007
Filed under: Sanctions, Sentencing
Florida Court Without Jurisdiction to Impose Confinement Condition Sanctions at Sentencing by Florida?s Third District Court of Appeals has held that a trial court has no jurisdiction to impose sanctions that regulate the treatment of prisoners in conjunction with a criminal sanction. Henry Cuesta is a prisoner serving a life …
Excessive Force And Medical Negligence Death In Youngstown, Ohio Arrest Settles For $350,000 From Police, $100,000 From PHS by John Dannenberg by John E. Dannenberg The death of a Youngstown, Ohio arrestee who was severely beaten by police and negligently treated by Prison Health Services? (PHS) contract jail medical staff …
Article • June 15, 2007 • from PLN June, 2007
City of Detroit Must Record Suspect Confessions; $4 Million Wrongful Incarceration Award by A Michigan federal district court has approved a settlement that requires the City of Detroit to record all interrogations of criminal suspects and awards the estate of a wrongfully convicted man $4,075,000. The complaint in this action …
Article • June 15, 2007 • from PLN June, 2007
Filed under: International, Immigration
U.S. Supreme Court: State Felon’s Deportation Order Reversed Where Underlying Offense Amounted Only to Federal Misdemeanor by U.S. Supreme Court: State Felon's Deportation Order Reversed Where Underlying Offense Amounted Only to Federal Misdemeanor On December 5, 2006, the U.S. Supreme Court reversed the federal deportation order of an alien who …
$248,000 Jury Award for Inhumane D.C. Jail Conditions by Five prisoners in the D.C. Jail were awarded a total of $248,000 in damages On February 1, 2006, following a two day jury trial in federal district court over inhumane and unconstitutional conditions at the jail. Shannon J. Battle, Bernard Brown, …
Article • June 15, 2007 • from PLN June, 2007
Fifth Circuit Remands Texas Prisoner’s Retaliation Claim, Adopts De Minimis Standard by Michael Rigby Fifth Circuit Remands Texas Prisoner's Retaliation Claim, Adopts De Minimis Standard by Michael Rigby The U.S. Fifth Circuit Court of Appeals held that prisoners must allege more than de minimis retaliatory acts to support retaliation claims …
Harsh Federal Parole Conditions for Federal Sex Offender Upheld by The U.S. Court of Appeals for the Second Circuit has affirmed a federal district court order requiring a released sex offender to undergo polygraph exams, to avoid contact with minors, and to abstain from using the Internet while on parole. …
Article • June 15, 2007 • from PLN June, 2007
The Political Economy of Prison and Jail Litigation by Margo Schlanger by Margo Schlanger* This article explores the practical effects of the prisoner civil rights docket on conditions of incarceration for the 2.2 million people in American jails and prisons on any given day.1 The analysis takes on a great …
Article • June 15, 2007 • from PLN June, 2007
From the Editor by Paul Wright As this issue goes to press we are finishing the revamped PLN website which will have all the great content our previous site did as well as still more briefs, publications, reports and cases than our previous website did. The feedback we received from …
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