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Article • February 4, 2015 • from PLN February, 2015
Ninth Circuit: Abstention Inapplicable in First Amendment Cases by Mark Wilson Ninth Circuit: Abstention Inapplicable in First Amendment Cases by Mark Wilson On April 7, 2014, the Ninth Circuit Court of Appeals held that a district court had improperly abstained from hearing a claim that a state court violated the …
Article • February 4, 2015 • from PLN February, 2015
Tennessee Jail Breached Duty to Provide Medical Care; Damages Trial Ordered by David Reutter Tennessee Jail Breached Duty to Provide Medical Care; Damages Trial Ordered by David Reutter he Tennessee Court of Appeals has held the Tipton County Jail (TCJ) breached its duty of care by failing to provide a …
Article • February 4, 2015 • from PLN February, 2015
Change in Florida Jail Policy Leads to Increased Homelessness by David Reutter Change in Florida Jail Policy Leads to Increased Homelessness by David M. Reutter For those without resources or help from family or friends, being released from jail has always been difficult. A change in policy in Broward County, …
Article • February 4, 2015 • from PLN February, 2015
Prison Legal News Interviews Musician Wayne Kramer by Paul Wright Prison Legal News Interviews Musician Wayne Kramer On October 13, 2014, PLN editor Paul Wright interviewed Wayne Kramer at his office in Los Angeles. Mr. Kramer is a musician, singer, songwriter and producer; he also served more than two years …
Article • February 4, 2015 • from PLN February, 2015
Eighth Circuit: Atheist Prisoner States Coerced Religious-Based Treatment Claim by Mark Wilson Eighth Circuit: Atheist Prisoner States Coerced Religious-Based Treatment Claim by Mark Wilson On March 28, 2014, the EighthCircuit Court of Appeals reversed a lower court’s sua sponte dismissal of a prisoner’s coerced religious-based treatment claim. Missouri prisoner Randall …
Article • February 4, 2015 • from PLN February, 2015
Georgia’s High Court Finds No Categorical Right to Counsel in Civil Contempt Proceedings by David Reutter Georgia’s High Court Finds No Categorical Right to Counsel in Civil Contempt Proceedings by David Reutter The Georgia Supreme Court affirmed an appellate court’s ruling that decertified a plaintiff class of indigent parents who …
Article • February 4, 2015 • from PLN February, 2015
Filed under: GEO Group/Wackenhut
GEO Group Rescinds $6 Million Donation to Name Stadium at Florida University by David Reutter GEO Group Rescinds $6 Million Donation to Name Stadium at Florida University by David M. Reutter A student-led coalition against naming the Florida Atlantic University (FAU) football stadium after private prison firm GEO Group claimed …
Private Prison Companies Reject Resolutions to Fund Rehabilitative, Reentry Programs by Private Prison Companies Reject Resolutions to Fund Rehabilitative, Reentry Programs On December 23, 2014, GEO Group, the nation’s second-largest for-profit prison firm, demonstrated it was a “grinch” by objecting to a shareholder resolution that would require the company to …
Article • February 4, 2015 • from PLN February, 2015
Fifth Circuit Reverses Dismissal of Prisoner’s Suit Claiming Lack of Medical Care by Matthew Clarke Fifth Circuit Reverses Dismissal of Prisoner’s Suit Claiming Lack of Medical Care by Matt Clarke On March 12, 2014, the Fifth Circuit Court of Appeals reversed in part a district court’s dismissal of a lawsuit …
Article • February 4, 2015 • from PLN February, 2015
Misconduct at Washington State Civil Commitment Center as Concern Grows Over Releases by David Reutter Misconduct at Washington State Civil Commitment Center as Concern Grows Over Releases by David M. Reutter Washington state’s Special Commitment Center (SCC), which was created to house and treat prisoners classified as violent sexual predators, …
Article • February 4, 2015 • from PLN February, 2015
Filed under: Discovery, Death Penalty
Georgia’s Execution Drug Secrecy Law Found Constitutional by David Reutter Georgia’s Execution Drug Secrecy Law Found Constitutional by David Reutter In a 5-2 ruling, the Georgia Supreme Court held on May 19, 2014 that it is not unconstitutional for the state to keep secret the names and other identifying information …
Article • February 4, 2015 • from PLN February, 2015
Native American Prisoners Have Right to Tobacco in Religious Ceremonies by David Reutter Native American Prisoners Have Right to Tobacco in Religious Ceremonies by David Reutter The Eighth Circuit Court of Appeals has affirmed a South Dakota federal district court’s order holding that Native American prisoners have a right under …
Article • February 4, 2015 • from PLN February, 2015
Filed under: Mental Health
Ninth Circuit: Indefinite Stay and Denial of Guardian was Abuse of Discretion by Mark Wilson Ninth Circuit: Indefinite Stay and Denial of Guardian was Abuse of Discretion by Mark Wilson On March 24, 2014, the Ninth Circuit held that a district court had abused its discretion in refusing to appoint …
Article • February 4, 2015 • from PLN February, 2015
For Shame! Public Shaming Sentences on the Rise by David Reutter For Shame! Public Shaming Sentences on the Rise by David M. Reutter Punishments intended to shame offenders for wrongdoing, popular throughout history, are once again on the rise – particularly as penalties imposed by judges who enjoy seeing their …
Article • February 4, 2015 • from PLN February, 2015
Book Review: Burning Down the House, by Nell Bernstein (The New Press, June 2014). 384 pages, $26.95 by Hannah K. Gold by Hannah K. Gold By the time I was 7 years old I knew drugs were bad. I didn’t need a parent to sit me down on their knee …
Article • February 4, 2015 • from PLN February, 2015
Second Circuit: Brady Claim Not Barred by Heck by Mark Wilson Second Circuit: Brady Claim Not Barred by Heck by Mark Wilson The en banc Second Circuit Court of Appeals has held that a Brady claim is not Heck-barred when a defendant’s conviction is vacated but he subsequently pleads guilty …
Article • February 4, 2015 • from PLN February, 2015
Eighth Circuit: Ruling Required on Prison Officials’ Qualified Immunity Defense by Eighth Circuit: Ruling Required on Prison Officials’ Qualified Immunity Defense by Mark Wilson The Eighth Circuit Court of Appeals has held that a district court erred in failing to resolve a motion to dismiss based on qualified immunity with …
Article • February 4, 2015 • from PLN February, 2015
Filed under: Indigent Defense, Costs
Seventh Circuit: Dismissal due to Nonpayment of Filing Fee Requires Assessment by Mark Wilson Seventh Circuit: Dismissal due to Nonpayment of Filing Fee Requires Assessment by Mark Wilson The Seventh Circuit Court of Appeals held in March 2014 that a district court had abused its discretion when it dismissed a …
Article • February 4, 2015 • from PLN February, 2015
United States, Britain Offer Training to “Improve” Prison Conditions in Afghanistan by United States, Britain Offer Training to “Improve” Prison Conditions in Afghanistan While attempting to liberate Afghanistan from the tyranny of the Taliban, the U.S. and Great Britain have given the Afghans incarceration-related tools and training, ostensibly to improve …
California: Local Ordinances Banning Sex Offenders from Parks Invalidated by Mark Wilson California: Local Ordinances Banning Sex Offenders from Parks Invalidated by Mark Wilson On April 23, 2014, the California Supreme Court refused to review two lower court decisions that invalidated local ordinances barring sex offenders from parks and other …
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