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Article • August 15, 2011
Wisconsin Pretrial Detainees Subject To Same Conditions As Prisoners by Wisconsin State pro se detainee patient at the Sand Ridge Secure Treatment Center (Center), Eric Hendrickson, brought federal action and alleged state law violations against the State and the Center. He claimed violation for being a pretrial detainee but being …
Article • August 15, 2011
California’s Death Row: More Suicides Than Executions by Since California’s death penalty was reestablished in 1978, only 13 condemned prisoners have been executed. But in that same period, 38 have died of natural causes while another 14 have committed suicide. In spite of updated suicide prevention procedures, on June 10, …
Article • August 15, 2011
Three Connecticut Prisoner Deaths in Four Days by The deaths of three Connecticut prisoners in a four-day period has state officials examining what went wrong. The undetermined death of 20-year-old Dayna Ashley Charette has resulted in dissension between the Connecticut Department of Corrections (CDOC) and judicial marshals. While in a …
Gipe v. State of Vermont, Amended Complaint, Duty to Protect Inmate Health, 2011 STATE OF VERMONT SUPERIOR COURT Rutland Unit CIVIL DIVISION Docket No.515-7-11 Rdcv JAMES OWE, AS ADMINISTRATOR OF THE ESTATE OF ASHLEY ELLIS, Plaintiff, v. STATE OF VERMONT, VERMONT DEPARTMENT OF CORRECTIONS, DELORES BURROUGHS-B IRON, M.D., Director of …
Brief • July 18, 2011
Anderson v. County of Siskiyou, CA, 2nd Amend. Complaint, Jail Suicide, 2011 Case 2:11-cv-00117-GEB -EFB Document 67 1 2 3 4 Filed 07/18/11 Page 1 of 33 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: …
Illinois Department of Corrections Must Pay Attorney For Indigent Committed Under Sexually Dangerous Persons Act by Matthew Clarke By Matt Clarke An Illinois court of appeals has held that the Illinois Department of Corrections (DOC) must pay the court costs and attorney fees for an indigent person committed under the …
Treatment Required For Prisoners Committing Sex Offenses In Prison by Bob Williams By Bob Williams The Colorado Court of Appeals rejected a plea by a state prisoner to avoid Colorado's Sex Offender Treatment Program (SOTP) which the Colorado Department of Corrections (CDOC) requires based on sexually based disciplinary infractions. Timothy …
Article • July 15, 2011
California Prisoner Entitled to Parole Gate Money Even if Release is to a Hold for Sexually Violent Predator Evaluation by John Dannenberg California Prisoner Entitled to Parole "Gate Money" Even if Release is to a Hold for Sexually Violent Predator Evaluation By John E. Dannenberg The California Court of Appeal …
Article • July 15, 2011
California Court of Appeal Invalidates Untimely MDO Certification by Michael Brodheim By Mike Brodheim The California Court of Appeal has invalidated the determination of the Board of Parole Hearings ("Board") that Felicia Blakely is a mentally disordered offender ("MDO"), finding that her MDO evaluations and certification occurred after her parole …
Article • July 15, 2011
BOP Abused Its Discretion in Denying Prisoner Drug Treatment by Brandon Sample By Brandon Sample On June 5, 2007, the U.S. District Court for the Southern District of Georgia granted a habeas corpus petition challenging the Bureau of Prisons' (BOP) refusal to allow a prisoner to enter BOP's Residential Drug …
Article • July 15, 2011 • from PLN July, 2011
A Cage by Any Other Name is Still a Cage: Mentally Ill California Prisoners Caged by Michael Brodheim by Mike Brodheim A rose by any other name, Shakespeare wrote, would still smell as sweet. In California the question is, does referring to a cage as a “therapeutic module” make it …
Tenth Circuit Vacates Class Certification in Jail Conditions Suit; Case Settles Following Remand by Mark Wilson On February 4, 2009, the Tenth Circuit Court of Appeals granted a Colorado sheriff’s interlocutory appeal challenging a class certification order and remanded the case for further proceedings, where it eventually settled in April …
Article • July 15, 2011 • from PLN July, 2011
Fourth Circuit Upholds Federal Civil Commitment Statute Against Constitutional Challenge by The procedures for civil commitment of “sexually dangerous” federal offenders do not violate due process, the U.S. Court of Appeals for the Fourth Circuit held on December 6, 2010. In 2006, the United States initiated civil commitment proceedings against …
U.S. Supreme Court Holds California’s Prison Overcrowding Violates Eighth Amendment, Must be Remediated by Population Reduction by John Dannenberg by John E. Dannenberg In a landmark ruling upholding provisions of the Prison Litigation Reform Act (PLRA) that permit specially convened three-judge federal court panels to order reductions in state prison …
Deaths of Three North Carolina Prisoners Raise Suspicions by Matthew Clarke by Matt Clarke and David M. Reutter The deaths of two prisoners at the Maury Correctional Institution (MCI), a 1,000-bed close-security prison for men located in Greene County, North Carolina, have raised suspicions due to questionable circumstances surrounding those …
Article • July 15, 2011
PLRA's IFP Restrictions Do Not Apply To Civil Commitments by Brandon Sample By Brandon Sample Sex offenders that are civilly committed upon completion of their sentences are not "prisoners" within the meaning of the Prison Litigation Reform Act (PLRA), the U.S. Court of Appeals for the Tenth Circuit decided October …
Publication • June 30, 2011
Making Your Life Your Own: How Olmstead Expands Rights and Opportunities for People with Serious Mental Illnesses, Bazelon Center for Mental Health Law, 2011 Making Your Life Your Own How Olmstead Expands Rights and Opportunities for People with Serious Mental Illnesses Updated June 30, 2011 On June 22, 1999, the …
Article • June 15, 2011 • from PLN June, 2011
PHS and NY Jail Employees Have Conflict of Interest with Legal Representation by A federal district court found that a conflict of interest existed with the Corporate Counsel of the City of New York (Corporate Counsel) representing individual employees of Prison Health Services (PHS), because they had conflicting defenses. The …
Louisiana Sheriff Cages Suicidal Prisoners in Space Smaller than Required for Dogs by “These people need to be locked up,” said Louisiana’s St. Tammany Parish Sheriff Jack Strain, Jr., referring to prisoners at his jail. “They performed like animals in our society and they need to be caged like animals.” …
Washington: Pierce County Jail Suit Ends After 15 Years by In a report and recommendation to partly deny the defendants’ motion to terminate a consent decree related to conditions of confinement at Washington State’s Pierce County Jail, U.S. Magistrate Judge J. Kelley Arnold cited conditions that contributed to the deaths …
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