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Article • September 15, 2009 • from PLN September, 2009
From the Bottom of the Heap: The Autobiography of Black Panther Robert Hillary King, Oakland, CA: PM Press (2009) $24.95 hardback, 217 pages by Mel Motel Book review by Mel Motel Robert Hillary King writes like he speaks. I had the honor of spending some time with the only freed …
Same Sex Guard Requirement Violates Title VII by The Seventh Circuit Court of Appeals held that a correctional institution was wrong for changing its policy to exclude guards from supervising prisoners of the opposite sex on certain shifts. The Court did, however, deny claims of workplace harassment and retaliation. In …
Article • September 15, 2009
$150,000 Settlement in Racial Discrimination Termination by Washington’s King County has paid $150,000 to settle the lawsuit of Cleveland King, which alleged that while working at the Department of Youth Services in 1999 he was subject to a hostile work environment, resulting in his discipline and termination for opposing racial …
$27,000 Settlement for Age/Gender Employment Discrimination by Seattle Jail by Washington State’s King County paid $26,980 to settle the lawsuit of Harry G. Proctor, a 27-year veteran of the King County Jail. Sgt. Proctor alleged that on April 27, 2007, Captain Kempton called guard Sonja Tangen into his office to …
$30,000 Settlement in Ohio Jail Sexual and Racial Harassment by Ohio’s Richland County paid $30,000 to settle the sexual and racial harassment claim of Angela Pitts, whose claims occurred while employed as a guard by Richland County Sheriff Department (RCSD). Pitts, a white female, began working for the RCSD in …
Article • September 15, 2009
$80,000 Settlement in Seattle Jail Employment Discrimination by Washington State’s King County paid $80,436.71 to settle the lawsuit of Orlando Panelli, who claimed that while working at the Department of Adult Detention from October 1, 1999 through April 16, 2003 he was subjected to discrimination based upon his race and …
Title IX Does not Preclude § 1983 Action for Gender Discrimination by Title IX Does not Preclude § 1983 Action for Gender Discrimination The U.S. Supreme Court has held that Title IX does not preclude a 42 U.S.C. § 1983 action alleging unconstitutional gender discrimination in schools. The action stems …
Minnesota Court Awards $146,546.19 for Failing to Provide Deaf Interpreter by On February 17, 2005 a Minnesota state court awarded a prisoner $7,500 in damages and fined the Minnesota Department of Corrections (DOC) $1,000 for failing to provide an American Sign Language (ASL) interpreter for a prisoner in the Sex …
Ohio Supreme Court Rules Sex Offender Residency Restrictions Not Retroactive by Matthew Clarke by Matt Clarke The Supreme Court of Ohio held that a state statute restricting sex offenders from residing within 1,000 feet of a school (R.C. 2950.031) did not apply to sex offenders whose home purchase and offense …
Indiana Lifelong Violent Offender Registration Preliminary Injunction Upheld in Part by On December 29, 2008, an Indiana Court of Appeals upheld a superior court’s preliminary injunction against lifelong registration for violent offenders. A July 1, 2007 Indiana statute added people who had been convicted of certain violent crimes to the …
Article • August 15, 2009 • from PLN August, 2009
Report Concludes Hispanics Receiving a Greater Share of Federal Sentences by David Reutter by David M. Reutter Hispanics are comprising a higher percentage of federal sentences, concludes a February 2009 report issued by the Pew Hispanic Center. The rise is attributed to a heightened focus on immigration enforcement. The findings …
Ninth Circuit: Orange County Jail Violated Ad Seg Prisoners’ ADA, Religious and Exercise Rights by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that restrictions on prisoners in administrative segregation (ad seg) at the jail in Orange County, California, related to exercise and group …
Violence on the Rise in BOP Facilities by Brandon Sample Killings, assaults and other acts of violence are becoming more widespread in the federal Bureau of Prisons (BOP), as the prison population increases and staff-to-prisoner ratios decline. Fifteen prisoner-on-prisoner BOP homicides occurred in 2008 compared with 12 in 2007. Serious …
Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release Held Unconstitutional, Then Constitutional by Mark Wilson Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release Held Unconstitutional, Then Constitutional by Mark Wilson Illustrating the axiom that the law means whatever a judge decides it means, in …
Texas Posthumously Exonerates Man Who Died in Prison by Matthew Clarke by Matt Clarke On February 6, 2009, Travis County District Judge Charlie Baird did what no other Texas judge had done before – he exonerated a dead man. Timothy Brian Cole, who died of asthma due to medical neglect …
ADA Routinely Violated by Prisons in the case of Deaf Prisoners by McCay Vernon, Ph.D. Over the last forty years, Congress has enacted numerous laws specifically designed to assure disabled individuals access to the programs, activities, services, public facilities and other resources available to the general population. This access was …
University of Arizona Releases Report on Women Immigration Prisoners by Matthew Clarke by Matt Clarke In January 2009, the Southwest Institute for Research on Women (SWIRW) and the Bacon Immigration Law and Policy Program of the University of Arizona published a report on women held in Arizona immigration prisons. It …
$4.6 Million Settlements in Death of Quadriplegic D.C. Prisoner by David Reutter by David M. Reutter When 27-year-old Jonathan Magbie entered the District of Columbia Jail to serve a 10-day sentence, he was a quadriplegic confined to a mouth-operated wheelchair. Four days later he was dead. D.C. Superior Court Judge …
FBI Arrests Former Prisoner Indicted for Hacking Massachusetts Jail Computer by On November 5, 2008, the FBI arrested Francis G. Janosko, 42, for hacking into a computer at the Plymouth County Correctional Facility (PCCF) while he was incarcerated at the Massachusetts jail. A previously-sealed indictment was handed down a week …
Strip-Searched Iowa Bush Protesters Awarded Damages at Trial, Re-Trial by Matthew Clarke by Matt Clarke On June 4, 2008, a federal jury in Iowa awarded $750,000 to two political protesters who were arrested at the direction of the Secret Service, taken to jail and unlawfully strip-searched. After the court ordered …
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