The Prisoner Trade, Harvard Law Review, 2020 VOLUME 133 APRIL 2020 NUMBER 6 © 2020 by The Harvard Law Review Association ARTICLES THE PRISONER TRADE Emma Kaufman CONTENTS INTRODUCTION .......................................................................................................................... 1817 I. BUILDING THE AMERICAN PENAL ESTATE .................................................................... 1822 A. The Rise of Regional Prison Governance .................................................................... 1822 B. The …

Oregon Habeas Cognizable to Challenge Florida Confinement Under ICC by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that prisoners incarcerated in other states under the Interstate Corrections Compact (ICC) may challenge the conditions of their confinement in Oregon habeas corpus actions against Oregon prison officials. In …

O'Neil v. Martin, OR, Appellate Decision, Conditions of Confinement, Interstate Corr. Compact, 2013 FILED: October 9, 2013 IN THE COURT OF APPEALS OF THE STATE OF OREGON LIAM O'NEIL, aka Jacob Barrett, Plaintiff-Appellant, v. MR. MARTIN, Corporal; MR. MARTIN, Lieutenant, Unit Supervisor; MS. MANCILLA, Corporal; MS. BENEFIELD, Sergeant; MR. WILLIAMS, …

Washington Appeals Court Denies Prisoner's Prison Account Funds Suit by The Court of Appeals of the State of Washington has upheld the state superior court's grant of summary judgment in which James A. Boyd had challenged the authority of Washington State to deduct funds from his prison account for an …

Offenders Cannot Sue Over Violations of Interstate Probation Transfer Compact by The Interstate Compact for Adult Offender Supervision (“the Compact”) does not create a private right of action, the U.S. Court of Appeals for the Second Circuit held on April 11, 2011. Plaintiff M.F. and his domestic partner sued New …

O'Neil v. Martin, OR, Complaint, Conditions of Confinement, Interstate Corr. Compact, 2009 1 2 3 4 5 6 7 8 IN THE CIRCUIT COURT OF THE STATE OF OREGON 9 FOR THE COUNTY OF MARlON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 …

WICC Not Federal Law by In a case filed by New Mexico prisoners transferred to Washington, a Washington federal district court has held that the Western Interstate Corrections Compact (WICC) does not confer federal rights on prisoners, which are enforceable via 42 U.S. C. §1983. The Court made this holding …

Transferred Prisoners Entitled to Sending States Good Time Credits and Benefits by The court of appeals for the Eighth circuit held that an Arkansas prisoner transferred to Florida under the Interstate Corrections Compact was entitled to all good time credits and other benefits he would have received had he remained …

Mandamus Available to Review Oregon Disciplinary Orders by The Oregon Court of Appeals held that prison disciplinary orders may be challenged in a mandamus action. The court also held that the trial court erred in imposing previously deferred filing fees. For many years, Oregon prisoners could challenge certain prison disciplinary …

Private Prison Contract May be Invalid by Private Prison Contract May Be Invalid The Colorado state court of appeals remanded a case to the trial court for a determination of the validity of a private prison contract. The court implied that the contract may be invalid but failed to indicate …

Interstate Compact Violations Not Cognizable Under § 1983 by Interstate Compact Violations Not Cognizable Under § 1983 The court of appeals for the Ninth circuit held that violations of the Interstate Corrections Compact (ICC) cannot be challenged via 42 U.S.C. § 1983 in federal court. Emory Ghana, a New Jersey …

No Right to Wages Under Interstate Compact by No Right to Wages under Interstate Compact The court of appeals for the eighth circuit held that neither the Interstate Corrections Compact nor Missouri state law required that Missouri prisoners held out of state be paid for their labor. Kenneth Jennings was …

Interstate Compact Does Not Create Liberty Interest by Fred Pletka was an Iowa prisoner in disciplinary confinement at the Iowa State Penitentiary when he was transferred to Texas under the interstate corrections compact. Shortly after arriving in Texas Pletka was released into the general prison population. Later, when he was …