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Article • January 15, 2014 • from PLN January, 2014
PLN Challenges Postcard-only Policy at Florida Jail by On December 17, 2013, Prison Legal News filed suit in federal court against St. Lucie County, Florida Sheriff Ken J. Mascara; the lawsuit alleges unconstitutional censorship based on a policy at the county jail that prohibits prisoners from receiving letters, books and …
Article • January 15, 2014 • from PLN January, 2014
Connecticut Guards File Grievances over Efforts to Stem Super Bowl Absenteeism by Connecticut prison guards filed almost 100 grievances over temporary changes in work rules intended to reduce the number of guards calling in sick on Super Bowl XLVI, which pitted the New York Giants against the New England Patriots. …
Article • January 15, 2014 • from PLN January, 2014
Unwanted Reprieve from Execution Upheld by Oregon Supreme Court by Christopher Zoukis As previously reported in PLN, Oregon death row prisoner Gary Haugen filed a legal challenge to Governor John Kitzhaber’s November 2011 decision to impose a moratorium on the state’s death penalty, which had the effect of granting Haugen …
Shareholder Resolutions Seek to Lower Phone Rates at Private Prisons by On November 26, 2013, shareholder resolutions were filed with Corrections Corporation of America (CCA) and The GEO Group, Inc. – the nation’s two largest for-profit prison companies; the resolutions seek to reduce the high cost of phone calls made …
Article • January 15, 2014 • from PLN January, 2014
Massachusetts Supreme Court: Failure to Register Guilty Plea Vacated by The Supreme Judicial Court of Massachusetts held on November 19, 2012 that a sex offender did not violate the state’s registration statute and should have been permitted to withdraw his guilty plea after being charged with failure to register. Massachusetts’ …
Article • January 15, 2014 • from PLN January, 2014
Tenth Circuit: FRAP 4(b) Clock Commences Upon Entry in Public Docket by The Tenth Circuit Court of Appeals held that a judgment must be entered on a district court’s publicly accessible criminal docket to commence the 14-day time limit in which a defendant may file a notice of appeal. Francisco …
No Immunity for Detainee’s Death Due to Alcohol Withdrawal; $1.23 Million Settlement on Remand by The Sixth Circuit Court of Appeals held on November 20, 2012 that a Michigan county and two jail guards were not entitled to qualified immunity for a female detainee’s death due to severe alcohol withdrawal. …
Article • January 15, 2014 • from PLN January, 2014
Filed under: Money/Property, Bail Bonds
Hawaii: Incarceration is Good Cause for Failure to Appear; Bail Forfeiture Set Aside by The Hawaii Supreme Court has held that incarceration constitutes good cause for failing to appear at an arraignment. As such, the trial court abused its discretion in refusing to set aside a bail forfeiture. Atmarama D. …
Article • January 15, 2014 • from PLN January, 2014
Res Judicata Doesn't Bar Ohio Post-release Control Challenge by The Ohio Supreme Court has held that “when a criminal defendant is improperly sentenced to post-release control, res judicata does not bar the defendant from collaterally attacking his conviction for escape due to an earlier post-release-control sentencing error.” In 1998, Donald …
Article • January 15, 2014 • from PLN January, 2014
Filed under: Telephones, Telephone Rates
FCC Rate Caps on Prison Phone Calls to Impact Nevada DOC’s Budget by David Ganim The rate caps recently imposed on interstate (long distance) prison phone calls by the Federal Communications Commission (FCC) signal much-needed financial relief for prisoners and their families; however, they will also leave an estimated $650,000 …
Article • January 15, 2014 • from PLN January, 2014
Religious Diet Qualified Immunity Test Outlined by Seventh Circuit by The Seventh Circuit Court of Appeals has held that when determining whether a prison official is entitled to qualified immunity for refusing a prisoner’s request for a religious diet, the district court must determine whether the official used the tenets …
SC Supreme Court Reverses Furtick; No Liberty Interest in Opportunity to Earn Sentence-Reduction Credits by The South Carolina Supreme Court held in late 2012 that the Administrative Law Court (ALC) may not summarily dismiss a prisoner’s appeal of a disciplinary conviction “solely on the basis that it involves the loss …
Article • January 15, 2014 • from PLN January, 2014
Multiple Convictions, Single Proceeding Triggers Alaska Lifetime Sex Offender Registration by The Alaska Supreme Court has held that the state’s lifetime sex offender registration requirement for multiple sex offenses applies to multiple convictions arising from a single criminal proceeding. The Alaska Sex Offender Registration Act (ASORA), Alaska Stat. § 12.63.020(a)(1)(B), …
Article • January 15, 2014 • from PLN January, 2014
Seventh Circuit Affirms Dismissal of Prisoner's Law Library Access Claim by Derek Gilna Illinois state prisoner Brian Burd filed a 42 U.S.C. § 1983 complaint for damages in 2010, alleging that officials at the Sheridan Correctional Center had denied him reasonable access to the facility’s law library; consequently, he was …
Article • January 15, 2014 • from PLN January, 2014
Filed under: Sentencing, Ex Post Facto
Oregon: Life Sentence for Murder Unconstitutional During Eight-Month Period in 1999 by The Oregon Court of Appeals has held that for crimes committed between February 17, 1999 and October 23, 1999 (aka “the McLain window”), the only permissible sentence for a murder conviction was 300 months in prison followed by …
Article • January 15, 2014 • from PLN January, 2014
Tenth Circuit Orders Foreseeability Jury Determination for Detention by New Mexico DOC Employees by The Tenth Circuit Court of Appeals reversed a district court’s ruling that state corrections employees could be held liable only for their own initial 2- to 3-minute detention of two suspects, and not for further detention …
Article • January 15, 2014 • from PLN January, 2014
Ninth Circuit: Budgetary Constraints May Excuse Deliberate Indifference to Prisoner’s Serious Medical Needs; En Banc Review Granted by On January 7, 2013, a divided Ninth Circuit panel held that a prison employee, alleged to be deliberately indifferent to a prisoner’s serious medical needs, can avoid liability for damages by establishing …
Article • January 15, 2014 • from PLN January, 2014
Oregon: Jury Trials Required When Prosecutors Treat Misdemeanors as Violations by The Oregon Court of Appeals held on September 26, 2012 that criminal defendants are entitled to jury trials and reasonable doubt determinations when misdemeanors are reduced to violations – a ruling that was subsequently affirmed by the state Supreme …
Article • January 15, 2014 • from PLN January, 2014
Ninth Circuit: No Summary Judgment on Claim of Excessive Use of Pepper Spray by On January 17, 2013, the Ninth Circuit Court of Appeals reversed a grant of summary judgment in favor of California prison officials, concluding that the district court had failed to consider the evidence in the light …
Brief • January 15, 2014
Craft v. Robinson, OH, Complaint, Death Row Suicide, 2014 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION LISA CRAFT, individually and as Administratrix of the Estate of BILLY SLAGLE, 7015 Westlake Ave. Parma, OH 44129 CASE NO. JUDGE And CASEY LOPEZ 2129 West 83rd Street Cleveland, OH, 44102 …
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