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Article • July 15, 2003 • from PLN July, 2003
California Ad Seg Requires Opportunity to Present Views, Gang Debriefing Upheld by In an unpublished opinion, the Ninth Circuit Court of Appeals held that due process requires that prisoners be afforded a meaningful opportunity to present their views to the critical decision maker in administrative segregation cases. The court also …
$22,500 Award Upheld in Texas Gang Assault Set-up by Guards by John E Dannenberg $22,500 Award Upheld in Texas Gang Assault Set-Up By Guards by John E. Dannenberg The Fifth Circuit US Court of Appeals affirmed a district court's denial of defendant prison officials' summary judgment motion in a prisoner …
Article • June 15, 2003 • from PLN June, 2003
New Jersey's Five Percenters an STG and a Religion by David Reutter by David M. Reutter The Third Circuit Court of Appeals has affirmed a New Jersey federal district court's grant of a motion for summary judgment in separate 42 U.S.C. §1983 actions filed by prisoner's Joel Fraise, Alexander Kettles, …
Failure to Allege Imminent Threat Precludes Justification Defenses in BOP Weapons Prosecution by The Seventh Circuit Court of Appeals held that the district court did not error in excluding evidence or argument regarding affirmative defenses of necessity and duress in trials for prisoners' weapon possession. On May 18, 1999, Terry …
Murder, Mayhem, Corruption and Snitches: BOP Florence Exposed by Bob Williams Located in the gently rolling hills of Southern Colorado, dotted with juniper, poplar and cedar trees, Florence is a quiet, small town that was once a prison town without a prison. At just over 5,000 town residents, Florence shares …
California Guards Convicted of Arranging Prison Beatings, New Conspiracy Accusations Leveled by by Marvin Mentor On May 15, 2002, a federal criminal jury convicted two Pelican Bay State Prison (CA) guards of violating the civil rights of eight prisoners whom they conspired to have beaten and stabbed - two fatally; …
Article • March 15, 2003 • from PLN October, 2004
Texas Syndicate Gang Members Busted - Again by C.C. Simmons by C. C. Simmons Deep in the bowels of the 4,000-man H. H. Coffield State Prison in east Texas, a young prisoner is locked in a telephone-booth-size holding cage. He screams obscenities at everyone. In the next corridor, a squad …
California Three-Year Lockdown of "Southern Hispanics" Held Unconstitutional by Marvin Mentor California Three-Year Lockdown of "Southern Hispanics" Held Unconstitutional by Marvin Mentor A Del Monte County, California superior court ruled on December 10, 2002 that a three year lockdown of "Southern Hispanics" at maximum security Pelican Bay State Prison (PBSP) …
Prison Officials Liable for Gang Member's Murder by A federal court in Connecticut de-nied prison officials qualified immunity in an action arising from the murder of a gang member by his cellmate while housed in a Close Custody unit. Juan Rodriguez, a prisoner of the Connecticut Department of Corrections, (CDOC) …
Brutal Jail Conditions Warrant Reduced Federal Prison Sentence by A federal court judge granted a defendant's request for a reduced prison sentence based upon the abject conditions of pre-sentence confinement in a New York Jail. Elvin Francis came before a U. S. District Court where he pled guilty to illegal …
Jail Policy to Not Segregate Gangs Does Not Violate Constitution by John E Dannenberg Jail Policy To Not Segregate Gangs Does Not Violate Constitution by John E. Dannenberg The Seventh Circuit US Court of Appeals ruled that the Cook County (Chicago), Illinois jail did not violate the Constitution by failing …
Eighth Amendment Challenge to California Integrated Yard Policy Is Triable by Marvin Mentor In a California prisoner suit claiming cruel and unusual punishment for the prison's "integrated yard" policy, the Ninth Circuit US Court of Appeals ruled that the factual question presented could proceed to trial, thus rejecting prison defendants' …
Arizona DOC's Endless Isolation of Suspected Gang Member Enjoined by Roger Smith Afederal District Court in Arizona recently enjoined Arizona Department of Corrections (ADOC) officials from indefinitely isolating a prisoner whom they suspect to be a gang member. Mark Koch, an Arizona prisoner and successful prison litigator of long standing, …
Hitching Post Unconstitutional by David Reutter The Court of Appeals for the Eleventh Circuit has held that handcuffing a prisoner to a hitching post for prolonged periods violates the Eighth Amendment, but granted guards qualified immunity. Alabama prisoner Larry Hope was assigned to the chain gang at Limestone Correctional Facility …
Vague Confidential Information and Gang Allegations Held Insufficient to Justify Close Custody Ruling by John E Dannenberg Connecticut prison authorities' non-specific allegations regarding "past gang affiliation" and "vague [confidential] information" were found to be insufficient to provide due process to inform the basis for an adverse administrative housing hearing, the …
Arizona CCA Prison Found 'In Turmoil' by Ronald Young Hawaii officials found a prison "in turmoil" while inspecting a Florence, Arizona prison where about 560 Hawaii prisoners are being warehoused. The prison is operated by Nashville based Corrections Corporation of America. An inspection of the prison conducted in April 2001 …
Texas Jury Awards $70,000 in Prison Stabbing by Ronald Young In May 2001, a federal court jury in Corpus Christi, Texas, held three Texas prison officials responsible for a 1997 attack during which a prisoner at the McConnell Unit was stabbed about a dozen times by another prisoner who had …
America's Jails: The Dungeons of the New Millenium by Sam Rutherford At any given time there are approximately 500,000 people incarcerated in the more than 3,500 city and county jails across the United States. Some of these individuals are confined while awaiting trial, others are serving relatively short sentences for …
Article • September 15, 2001 • from PLN September, 2001
Possibility of Life in Control Unit Doesn't Mitigate Death by Possibility of Life In Control Unit Doesn't Mitigate Death The Court of Appeals for the Seventh Circuit has held that the possibility of life imprisonment in a control unit is not a mitigating factor in a federal death penalty case. …
Pelican Bay Guard's Conviction Upheld by Willie Wisely by W. Wisely Jose Garcia was a guard at California's Pelican Bay prison. With his supervisor, Mike Powers, Garcia plotted with prisoner shotcallers to have convicted child molesters, sex offenders, and informants stabbed or beaten. The conspiracy ran from January 1994 to …
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