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Article • April 15, 2009
Dismissal of Suit Challenging Loss of Diminution Credits Upheld by On May 8, 2008, the Maryland Court of Special Appeals upheld the dismissal of a prisoner suit challenging the loss of diminution credits. Alfred Fraction and Gregory Nutter, Maryland prisoners, sued the Secretary of the Department of Public Safety and …
Article • March 15, 2009 • from PLN March, 2009
From the Editor by Paul Wright Readers will have received the January and February, 2009 issues of PLN later than usual because we had a problem with our mailing list database. The problem has been resolved and we are now moving back towards our regular publishing schedule. We apologize for …
Article • March 15, 2009 • from PLN March, 2009
Prisoners’ Guerrilla Handbook to Correspondence Programs in the U.S. and Canada, 3rd Edition, by Jon Marc Taylor and Susan Schwartzkopf by Paul Wright Prisoners’ Guerrilla Handbook to Correspondence Programs in the U.S. and Canada, 3rd Edition, by Jon Marc Taylor and Susan Schwartzkopf Published by Prison Legal News, ISBN 978-0-9819385-0-9; …
New Jersey Court Enters Preliminary Injunction Barring Women Prisoners at Men’s Prison by New Jersey Court Enters Preliminary Injunction Barring Women Prisoners at Men’s Prison A New Jersey Superior Court has issued a preliminary injunction that prohibits prison officials from transferring women prisoners to the New Jersey State Prison (NJSP), …
Article • January 15, 2009
New Jersey State Audit Reports DOC Life Skills Program Contractually Noncompliant by Bob Williams By Bob Williams The New Jersey State Legislature Auditor's Office conducted an investigation into contractual expenditures, policies and provisional compliance of the Department of Correction’s (DOC) Life Skills Academy (LSA) program. The 2006 report reflected the …
“I CAN Learn” Software Procurement for Kentucky DOC Questioned by Matthew Clarke “I CAN Learn” Software Procurement for Kentucky DOC Questioned by Matt Clarke The “I CAN Learn” educational software produced by New Orleans-based JRL Enterprises, which was adopted by the Kentucky Department of Corrections (KDOC), is under scrutiny for …
Article • August 15, 2008 • from PLN August, 2008
Prisoners on Prison Education: Your Knowledge, Experience and Views Are Sought by the Special Rapporteur on Education by The Special Rapporteur on education, Vernor Muñoz, is to submit a report on the right to education for people in detention to the United Nations Human Rights Council in 2009. Mr. Muñoz, …
Denial of Cooking Class Attendance for Refusing HIV Test Upheld by The plaintiff complained that he was excluded from a "culinary arts program" because he wouldn't take an HIV test. The plaintiff did not allege that he was a "qualified individual with a disability" and, in fact, pleaded himself out …
Article • August 15, 2008
Retaliation Against Chaplain for Trying to Educate Prisoner Upheld by The plaintiff, a prison chaplain, tried to arrange literacy training for a "circuit rider," a prisoner kept permanently in segregation and frequently transferred. The warden refused to let him do it, suggesting an educator would be a more appropriate choice. …
IDEA is Constitutional by The Individuals with Disabilities Education Act (IDEA) was valid under 5 of the Fourteenth Amendment and therefore Congress successfully abrogated states' Eleventh Amendment immunity. Alternatively, it provides an unambiguous waiver of Eleventh Amendment immunity by clearly conditioning the receipt of federal funds on states' willingness to …
Federal Prisoner Facing Deportation Has No Right to Rehabilitative Programs by Hector Jimenez, a federal prisoner facing deportation when his prison sentence was completed, filed suit in U.S. district court under 28 U.S.C. §§ 2241 and 2255, claiming that his equal protection rights were violated when prison officials denied him …
Article • August 15, 2008
Damages Awarded to Two New Mexico Jr. High Students After Excessive Strip Search by New Mexico Jr. High students Crystal Kennedy and Randy Ford challenged the appellate reversal of damages they were awarded in a 42 U.S.C. § 1983 suit against Dexter Consolidated Schools (DCS) and individual school officials. The …
Virgin Islands Prison Ordered Revamped After Ignoring Court's Warnings by U.S. District Court Judge Warren Young ordered change-at the Golden Grove Adult Correctional Facility (GGACF) in St. Croix, Virgin Islands. The court's original recommendation spurred by numerous complaints was ignored, leading to a persuasive Memorandum Opinion and accompanying order in …
Article • February 15, 2008
Filed under: Education, News
Educating inmates by Lance Tapley By: LANCE TAPLEY 2/6/2008 4:48:35 PM Another wave of reform is surging from Lewiston's Bates College: a movement to expand college courses for prisoners. The goal has been embraced by the state Department of Corrections. At a Bates meeting on January 21, Max Kenner, of …
Article • December 15, 2007
Settlement Agreement Involving New York Principal's Dismissed Disciplinary Actions Ordered Disclosed by New York Jericho Teacher's Association Vice President Anthony LaRocca appealed a State Supreme Court's 1993 dismissal of a petition to disclose settlement documents regarding the discipline of a principal. The dismissal was reversed and a redacted disclosure was …
Article • December 15, 2007
New York School Construction Authority's Property Acquisition Details Ordered Disclosed by New York attorney Michael Greco petitioned for the disclosure of appraisal and settlement documents involving New York School Construction Authority (Authority) acquisitions. The Authority moved to dismiss but the court ordered the documents produced. The Authority took parcels of …
Article • December 15, 2007
Settlement Agreement Confidentiality Provisions Maintained, Not Exposed In Courtroom Dispute by Georgia's Savannah College of Art and Design, Inc. (SCAD), appealed a 1998 court order unsealing settlement documents between the SCAD and the School of Visual Arts (SVA). The agreement's provisions stipulated to strict confidentiality. The court reversed the disclosure …
Article • December 15, 2007
Lawfully Mandated Disclosure, Contract Stipulation Precludes Breech For Settlement Agreement Production by Texas former student of El Paso County Community College District (District) Constance Thomas, as well as the District, appealed a 2000 court ruling in a dispute awarding breech of contract to Thomas. The judgment was reversed because the …
Both Thumbs, One Finger Amputated Nets Prisoner $25,000 by A New York prisoner whose thumbs and left ring finger were amputated was awarded $25,000. Mr. Saleh, a 31-year-old New York prisoner, was a carpentry student. While operating a circular saw, making name plates, he suffered "a traumatic amputation of the …
Article • November 15, 2007 • from PLN November, 2007
Study on Barriers to Employment of Ex-Prisoners in Milwaukee Released by Matthew Clarke by Matt Clarke In early 2007, the Employment Training Institute (ETI) of the University of Wisconsin-Milwaukee released a study assessing the legal and employment needs of ex-prisoners residing in Milwaukee County. The study of 26,772 adults released …
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