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Article • March 15, 2014 • from PLN March, 2014
Seventh Circuit Upholds Removal of Prisoner’s Dreadlocks by The Seventh Circuit Court of Appeals has held that an Illinois prisoner’s religious rights were not violated when prison officials required him to cut off his dreadlocks to be transported to a court hearing. Peter A. Lewis, incarcerated at the Dixon Correctional …
Article • March 15, 2014 • from PLN March, 2014
From the Editor by Paul Wright This month’s cover story on Corizon, the company formed by the merger of Prison Health Services and Correctional Medical Services, is our most recent reporting on an issue that has been ongoing for the past several decades. Namely, the prison HMO model whereby corrections …
Article • March 15, 2014 • from PLN March, 2014
Second Circuit Vacates Magistrate’s Judgment Entered without Consent by On March 6, 2013, the Second Circuit Court of Appeals vacated the summary judgment dismissal of a New York prisoner’s lawsuit, finding he had not consented to having the case decided by a magistrate judge. Willie James Yeldon filed suit in …
Article • March 15, 2014 • from PLN March, 2014
Why There’s an Even Larger Racial Disparity in Private Prisons Than in Public Ones by Katie Rose Quandt It’s well known that people of color are vastly overrepresented in U.S. prisons. African-Americans and Latinos constitute 30 percent of the U.S. population and 60 percent of its prisoners. But a new …
Article • March 15, 2014 • from PLN March, 2014
Filed under: Commentary/Reviews, Reviews
Arrest-Proof Yourself, by Dale Carson and Wes Denham by John Dannenberg (Chicago Review Press, 2007). 282 pages (paperback), $14.95. Book review by John E. Dannenberg In short, Arrest-Proof Yourself is a colorfully-written manual on how to avoid being arrested. The book’s principal thesis is a hypothetical “electronic plantation” where all …
Article • March 15, 2014 • from PLN March, 2014
When Victims Speak Up in Court – in Defense of the Criminals by Andrew Cohen A death penalty case in Colorado has generated an unusual fight between a district attorney and two parents who oppose capital punishment against the man who murdered their son. One of the most profound changes …
Article • March 15, 2014 • from PLN March, 2014
Texas Criminal Court Fees are a Tax on Poor Defendants by Matthew Clarke by Matt Clarke The Texas legislature has erected such a hodgepodge of criminal court fees that even the court administrators and clerks don’t know how to apply them. These fees, which are frequently not used for their …
Article • March 15, 2014 • from PLN March, 2014
California County Not Liable for Misconduct of Jail Guard Not Acting within Scope of Employment by On April 3, 2013, the California Court of Appeal held that a county is not liable for damages arising out of the misconduct of one of its jail guards when such misconduct is deemed …
Article • March 15, 2014 • from PLN March, 2014
Texas Courts Examine Proof of Ability to Pay Probation Fees before Revocation by Matthew Clarke by Matt Clarke In a November 14, 2012 opinion, the Texas Court of Criminal Appeals held prosecutors are not required to prove that a probationer was able to pay fees and fines when his probation …
Article • March 15, 2014 • from PLN March, 2014
A Rare Look Inside the Maine State Prison's "Supermax" by Lance Tapley An almost-clean version of hell by Lance Tapley There was a stain of what looked like blood on the floor of the otherwise shiny-clean, empty Mental Health Unit isolation cell. “It’s Kool-Aid,” said my minder, a deputy warden. …
Article • March 15, 2014 • from PLN March, 2014
Eighth Circuit: Denial of Nominal Damages Jury Instruction was Improper by The Eighth Circuit Court of Appeals held on September 4, 2012 that a district court erred when it refused to give a nominal damages jury instruction in a lawsuit brought by a Missouri state prisoner. Another trial was held …
Second Circuit: Videoconference at Resentencing Violates Right to be Present by The Second Circuit Court of Appeals has held that resentencing a defendant by videoconference violated his right to be present in court, and the government failed to satisfy its burden of establishing that the defendant knowingly and voluntarily waived …
Article • March 15, 2014 • from PLN March, 2014
D.C. Circuit Holds PLRA’s Exhaustion Requirement Inapplicable to Former Prisoner by The Circuit Court of Appeals for the District of Columbia has held that the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA) does not apply to suits filed by persons who are no longer incarcerated. The lawsuit …
Article • March 15, 2014 • from PLN March, 2014
The Federal Tort Claims Act: A Primer by Derek Gilna The Federal Tort Claims Act (FTCA) is outlined in various sections of Chapter 28 of the United States Code, which describe the steps necessary to file and maintain a tort action against the U.S. government. The FTCA is the exclusive …
Article • March 15, 2014 • from PLN March, 2014
Taylor County, Texas Rarely Disciplines Jailers by Compared to scandals at the Harris County Jail in Houston – where guards have assaulted and had sex with prisoners, mistakenly released prisoners and abandoned their posts to play dominos [see: PLN, Sept. 2013, p.23] – problems at the Taylor County Jail in …
Article • March 15, 2014 • from PLN March, 2014
Psst! Hey Man, Need Some Execution Drugs? by Officials in Delaware and 31 other states that use lethal injection to execute prisoners are scrambling to find new drugs to carry out death sentences, and in some cases are procuring them through secret exchanges and confidential deals – and from questionable …
Article • March 15, 2014 • from PLN March, 2014
Filed under: Visiting
Video Visitation a Growing Trend, but Concerns Remain by A growing trend toward the use of video visitation at jails across the country is drawing the praise of corrections officials and prisoners’ family members alike, though some advocacy groups worry that video visits could pose an undue financial hardship on …
Article • March 15, 2014 • from PLN March, 2014
Oregon Jail Guard Quits, Divorces Wife for Former Prisoner by "I crushed a dude’s eye socket from repeatedly punching him in it, then I charged him with menacing and harassment,” bragged Multnomah County, Oregon jail guard David B. Thompson in one of more than 1,700 messages he posted on an …
Article • March 15, 2014 • from PLN March, 2014
Filed under: Sentencing, Parole
South Dakota Parole Board Improperly Enhanced Prisoner’s Parole Date by The South Dakota Supreme Court has held that the state Board of Pardons and Paroles (Board) exceeded its authority when it calculated a prisoner’s initial parole release date by treating Class 4 felonies as Class 2 felonies. Lloyd Rowley was …
Alabama Sheriff Made Party on Counterclaim Alleging Prisoners Subjected to Sexual Abuse by The Alabama Supreme Court has held that a third party to a lawsuit may be made a party when a counterclaim is filed. The Court also held a sheriff named as a defendant was not entitled to …
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