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Article • January 15, 2008
Fed Prisoner's Non-Custodial Escape was a Crime of Violence for Sentencing Purposes by Deondery Chambers, a federal prisoner, pled guilty to being a felon in possession of a firearm. The district court judge found that he had three violent priors and sentenced him to 188 months as an armed career …
Article • January 15, 2008 • from PLN January, 2008
Utah Prisoner Kills Guard During Escape While on Medical Transport by David Reutter by David M. Reutter On June 25, 2007, a Utah state prisoner shot and killed a prison guard while escaping from a hospital where he had been taken to receive an MRI. The escape occurred at the …
Audit Reveals Continuing “State of Chaos” at Hawaii Youth Prison by Audit Reveals Continuing "State of Chaos" at Hawaii Youth Prison The Hawaii Youth Correctional Facility (HYCF) is in non-compliance with most of the American Correctional Association (ACA) "Standards for Juvenile Correction Facilities," according to a 2007 security audit. HYCF, …
Article • December 15, 2007 • from PLN December, 2007
Texas GEO Prison Squalor Drives Idaho Prisoner to Suicide by Matthew Clarke by Matt Clarke Seven months after arriving at the Dickens County Correctional Center (DCCC), a private prison in Spur, Texas operated by the GEO Group, Idaho state prisoner Scot Noble Payne, 43, was dead by his own hand. …
Public, Private Prison Escapes in Ohio by Gary Hunter On May 11, 2006, Ohio state prisoner Marrion P. Smith was shot in the head by prison guard Gary Myers during a foiled escape attempt. Smith had been transported from the Mansfield Correctional Institution to the Ohio State University Medical Center, …
Escape From TransCor Van Not a Crime in Montana by On January 11, 2006, a Montana state district court set aside two prisoners, convictions for escape and acquitted them after holding that no evidence had been presented that they were in the custody of a peace officer, a requirement for …
CCA Fined for Florida Jail Escape; County Commission Poised to Impose More Fines by After a series of escapes, prisoner suicides and thefts by employees over the past year, Corrections Corporation of America (CCA) promised it would take action to prevent similar incidents at Florida?s Hernando County Jail (HCJ). The …
Arkansas Ups Work-Release Fees to Pay for Guard-Drivers by On October 27, 2006, the Arkansas Board of Corrections unanimously voted to increase the daily fees charged prisoners participating in the work-release program from $15 to $17. The increase is to be used to pay for guards to drive the prisoners …
Article • July 15, 2007 • from PLN July, 2007
Oklahoma Escapee Who Fled With Warden’s Wife Sentenced to Maximum, Then Dies by Oklahoma Escapee Who Fled With Warden's Wife Sentenced to Maximum, Then Dies When Randolph F. Dial escaped from the Oklahoma State Reformatory in August 1994, he set off a search not only for himself, but also for …
Escape From TransCor Van Not a Crime in Montana by On January 11, 2006, a Montana state district court set aside two prisoners' convictions for escape and acquitted them after holding that no evidence had been presented that they were in the custody of a peace officer, a requirement for …
Article • May 15, 2007
Escaped Prisoner Has Limited Expectation of Privacy by The U.S. Court of Appeals for the Second Circuit ruled that an escaped prisoner is considered to be in constructive custody and therefore has a limited expectation of privacy. Roy, an escaped prisoner, was detained by Rocky Hill., Connecticut police on suspicion …
Article • May 15, 2007
Filed under: Crime/Demographics, Escapes
Escape Statute Encompasses Man's Departure From Courtroom Over Judge's Orders by Escape Statute Encompasses Man's Departure From Courtroom Over Judge's Orders The Court of Appeals of Kansas held that a man who left the courtroom after a judge informed him he was in custody was in violation of the state's …
New Mexico Jail Settles Escapee Murder Suit For $750,000.00 by In 2002, the Taos County Detention Center (TCDC) in New Mexico paid $750,000.00 to settle a law suit filed by George Weiss, the father of Jonathan Weiss. George Weiss claimed that the TCDC officials caused the death of his son, …
Article • May 15, 2007
No Per Se Application of Fugitive From Justice Rule by The U.S. Court of Appeals for the Eighth Circuit held that the "fugitive from justice rule" should not be applied in a per se manner in civil cases. James Perko, a Missouri state prisoner, brought a § 1983 action against …
Article • May 15, 2007
Montana Supreme Court Upholds Jury Verdict in Death Action by In this case involving an escaped teenage prisoner who shot and killed another boy, the Montana Supreme Court upheld a jury's verdict in favor of the state. Originally committed to the Pine Hills youth prison as a serious juvenile offender, …
Some Evidence Required In "Some Evidence" Standard by Bob Williams Some Evidence Required In "Some Evidence" Standard by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed a prison disciplinary conviction for failure to meet the some evidence" standard. New Mexico state prisoner Peter Aquiar …
Daughters Of Woman Killed By Furloughed Indiana Prisoner Settle For $900,000 by Two daughters who witnessed their mother's murder by a furloughed Indiana prisoner settled their claim against the state for $900,000. The woman's attacker, her ex-husband, had been imprisoned by the state for crimes against her and the couple's …
BOP Prisoner Had Right to Duress Defense by The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred when it denied a prisoner from using the duress defense in a criminal trial for possession of escape paraphernalia in prison. …
Wyoming Prison Not Liable in Guard's Death by The court of appeals for the Tenth circuit upheld the dismissal of a § 1983 suit filed by the widow of a Wyoming prison guard killed by three escaping prisoners. The court held that the prison had no "special relationship" with the …
Article • May 15, 2007
Massachusetts: City Potentially Liable For Officer's Negligence by In this case involving a university police officer who was injured by an escaped prisoner, the Superior Court of Massachusetts denied summary judgment to the City of Worcester. The Court held that a jury could find the City's officer was grossly negligent …
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