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Archive: 2003

December

• Federal Prisoner's Conviction for Contraband Weapon a Crime of Violence
• Probable Cause Determinations Required Within 48 Hours Of Warrantless Arrest
• California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Nonetheless Merit
• 100+ Canadian Prisoners Attempt to Escape From Private Superjail
• Cornell Half Way House Employees Charged with Drug Trafficking
• Widespread Prisoner Labor Abuse Requires Reform by Gary Hunter
• Contract Physician Not Acting Under Color Of State Law
• Bad Medicine, No Oversight, Total Secrecy: ACLU Reports on VA DOC Medical Care
• Deadly Drug-Resistant Staph in Prisons Throughout USA
• PHS Redux: Sued In A Dozen States, Contract Losses, Stock Plummets, Business Continues
• Prison Writers Punished for Success in Connecticut and Texas by Gary Hunter
• Secret Court Docket Practice Exposed (p 1)
• Japanese Man Awarded $500,000 For Being Held In Bahamas Prison For 8 Years Without A Court Hearing
• New York Prisoner States Claim Regarding Interference With Legal Mail
• DeLay/TRMPAC Indictments Include Cornell Contributions
• $500 Paid in WA Failure to Protect Case
• News in Brief
• Second Circuit Holds Confidential Informant's Reliability Alone Insufficient to Support Hearsay or Conclusionary Statements by David Reutter
• KY Jail Prisoner's Suit Over Denial of Seizure Medication Dismissed
• Warden's False testimony at Death Sentence Hearing Okay
• No Filing Fee Refund If Appeal Withdrawn
• Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause
• Heck Inapplicable to Halfway House Suit
• Federal Restitution Order Upheld
• Arrest Without Probable Cause Suit Settled Against New Jersey Police Department
• Nevada DOC Using Transport Vans Subject To Rollover
• Number of Presidential Pardons Declining by Michael Rigby
• PLRA Indigency Provision Inapplicable When Filing Fee Paid
• Tennessee Prisoner Libel Proof
• Guards Abusing Prisoners in Boston Leads to Jury Awards and Disciplinary Action
• Uncooperative Prisoner Removed From Disciplinary Hearing
• Corruption Catches Up With Georgia Corrections Chief
• BOP Proper Defendant in Work Release Change Suit under ADA
• No Qualified Immunity in KY Jail Beating Death
• Florida Juveniles Get Lost among Transfer Shuffle, Extending Stays in Wasting Money
• Class Certification in Texas Jail Court Access Case
• Fired, Tattooed, Nude-Posing Guard Settles with Maryland DOC for $10,000
• $728,000 Awarded to Canadian Prisoner Beaten By Fellow Prisoner Leaving Him Legally Blind
• Connecticut Prisons Exempt from Patient Bill of Bights
• News in Brief
• Court Upholds Prison Library Purge of Titillating Material
• Sovereign Immunity No Bar to BOP Prisoners' Eighth Amendment Mandamus Suit
• Australia Fined $42,500 for Prisoner Work Injury
• Virginia: Stun Gun Implicated In Death, CMS Implicated In Coverup
• God Pod Under Fire by Silja JA Talvi
• UK Prisoners Awarded Nearly 1 Million Pounds in Damages
• Federal Judge Strikes Down Iowa Prison's Faith-Based Rehabilitation Program by Michael Rigby
• New Jersey: Prisoner Attacked, Rendered Quadriplegic, Settles For $9,700,000
• Prisoner's Letter Treated as Motion; Subpoena's Require Cost Prepayment; Plaintiff's Deposition to be Furnished by Defense
• Religious Garments May Be Worn During Prisoner Transport by Bob Williams
• Police Supervisors Must Actually Read Search Warrants
• Failure to Exhaust Administrative Remedies Not Absolute Bar Suit
• Prison Health Services: A Spotty Record of Health Care For Children in City Detention
• Non-Sex-Offender Parolee Entitled to Due Process Before Being Treated As Sex Offender
• Lack Of Deliberate Indifference Negates Constitutional Violation In Prisoner Suicide
• Audit Faults Oregon Prison Trust Fund System
• State Auditor: Illinois DOC Kept Sloppy Records of Guns and Money
• Fourteenth Amendment Not Violated By Arrest Without Probable Cause
• False Information in Parole File May Violate Due Process
• Accounting Errors Plagued California Criminal Justice Agency
• Total Ban on Aryan Nation Mail Too Restrictive
• Audit Finds Colorado DOC Loses Large Quantities of Drugs
• European Human Rights Court Upholds French Guerrilla's Solitary Confinement; Awards 10,000 Euros
• Tennessee Prisoner Wrongly Denied Medical Records
• Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals
• $15,000 Paid in WA DOC Sexual Discrimination Claim
• Two Killed in Failed Florida Prison Escape by David Reutter
• RFRA Still Applies to Federal Government
• Magistrate Judge Cannot Enter Order on Post-Trial or Dispositive Motions
• $210,000 Awarded in Virginia Jail Conditions Suit
• Deportation to Uganda Doesn't Violate Torture Treaty
• Silencing the Cells: Mass Incarceration and Legal Repression in U.S. Prisons

November

• Bloated Prison Budget Fuels California's Degenerative Incarceration Spiral by John E Dannenberg (p 1)
• From the Editor by Paul Wright (p 5)
• Washington Mail Ruling Published (p 5)
• Pro Se Tips and Tactics: Magistrate Judges in Federal Courts by John Midgley (p 6)
• South Carolina Cuts ACA Accreditation at Four State Prisons by Lonnie Burton (p 8)
• World Court Orders U.S. to Stop Executing Mexicans (p 9)
• Over 600 Prisoners Brutalized by New Jersey Prison Guards by Gary Hunter (p 10)
• Texas Doesn't Have to Pay Interest on Trust Fund Accounts (p 11)
• Court Reporter Jailed for Botching VitaPro Trial Transcripts; Convicted Prison Chief Still Free (p 12)
• Sexual Abuse at Haltom City Jail in Texas (p 13)
• Mothers in Prison Losing All Parental Rights by Ann Farmer (p 14)
• Inmate Compensation Program Applies to Federal Pretrial Detainees (p 15)
• Phoenix Sheriff Arpaio Liable for Tent City Assault, Prisoner Awarded $635,532 (p 16)
• Ninth Circuit Judge Investigated for Writing Condemned Prisoner (p 17)
• Jury Awards $1.75 Million Against CMS in Illinois Jail Suicide (p 18)
• Kansas Prisoners Denied Credit for Time on Parole (p 19)
• Expert Testimony Required in Alaska Medical Suits (p 19)
• Injunction Prohibits Virginia Grooming Policy Enforcement on BOP Prisoners (p 20)
• 100+ Canadian Prisoners Attempt to Escape from Private Superjail; Racial Profiling Alleged (p 20)
• Washington Supreme Court Upholds Denial of Negligent Parole Supervision Claim (p 21)
• Confinement for Nonpayment Without Willfulness Violates Due Process (p 22)
• First Circuit Reverses 12(b)(6) Dismissal in Jail Rape Case (p 22)
• Trial Required in Pennsylvania Guard Beating by John E Dannenberg (p 23)
• Texas Courts Clarify Prisoners' Right to Civil Bench Warrant (p 24)
• Education in Prison Declines (p 24)
• Gay Prisoners Not Entitled to Double-Occupancy Cell (p 25)
• Incarceration Not Grounds for Termination of Parental Rights in Nevada (p 26)
• Unauthenticated Evidence Does Not Support Summary Judgment (p 26)
• $112.50 Per Hour Post-Judgment Attorney Fees Upheld Under PLRA by Bob Williams (p 27)
• Eighth Circuit Affirms Damages Award, Discovery Sanctions, Fees in Missouri Pepper Spray Case (p 28)
• America Without the Death Penalty: States Leading the Way by Robert Woodman (p 28)
• Oklahoma Prisoner/Paupers May Be Required to Pay Partial Filing Fee (p 29)
• Video-Visits Out in New Mexico Prisons by Gary Hunter (p 29)
• Arizona Surcharge on Fines Upheld (p 30)
• Oklahoma Jail Pays $385,000 Settlement in Baby's Death (p 30)
• Guard Awarded $515,813 Against Private Medical Provider (p 30)
• Texas Court Abused Discretion by Dismissing Prisoner's Retaliation Suit (p 31)
• Pepper Spray Drift Injury Can Be Actionable by John E Dannenberg (p 32)
• Texas Prisoner Gets 30-Day Grace Period to File Expert Affidavit (p 32)
• News in Brief (p 33)
• Sex Offender Registries Asked: Where Are All the Sex Offenders? (p 36)

October

• The Deadly Health Services of Naphcare in Alabama by Lonnie Burton (p 1)
• Temporary Injunction Issued in Alabama Suit (p 5)
• Crime Control as Industry: Towards Gulags, Western Style by Peter Wagner (p 7)
• Wackenhut's Legacy of Shame in Austin (p 8)
• New Study Rejects Link Between Prisons and Economic Growth (p 10)
• Hawaii: High Recidivism for Mainland Prisoners (p 10)
• From the Editor by Paul Wright (p 11)
• Scandal-Ridden, Bankrupt MCI WorldCom Wins No-Bid California Prisoner Phone Contract by Marvin Mentor (p 12)
• $500,000 Settlement in Connecticut Suicide (p 13)
• Dead Man Waking by Bruce Shapiro (p 14)
• Family Awarded $229,000 Against CMS in Illinois Hepatitis C Jail Death (p 15)
• Honduras Prison Massacre: What Really Happened (p 16)
• Cheap Mexican Prison Labor Exploited by U.S. Firms (p 17)
• Michigan Visiting Rules Upheld by U.S. Supreme Court by Robert Woodman (p 18)
• Thomas and Scalia Flunk History by Scott Christianson (p 19)
• Federal Appeals Courts Address Finality of Dismissals, Grievance Contents (p 19)
• Washington SCC Injunction and Contempt Order Upheld (p 20)
• Director of Florida's Private Prison Commisssion Resigns, Fined $10,000 for Ethics Violations (p 21)
• Eight Washington Prison Premises Liabilities Claims Settled for $35,058 (p 22)
• Nebraska Prisons Get Progressive Phone Contract (p 23)
• Washington DOC Settles Failure to Protect Case for $13,000 (p 24)
• Nebraska Prisons Get Progressive Phone Contract by John E Dannenberg (p 24)
• Kansas Sheriff, Lawyer, Jailed for Sweetheart Jail Contract (p 25)
• Washington Retaliation Suit Settled for $2,500 (p 25)
• Washington Posts Health Care Provider Information Online (p 26)
• California Taxpayer Action Forces Private Employer to Pay Prisoners Prevailing Wages by John E Dannenberg (p 26)
• U.S. Supreme Court: Reviving Expired Statute of Limitations Violates Ex Post Facto (p 27)
• California Prisoner Who Received First Heart Transplant Dies (p 28)
• PLRA Physical Injury Rule Not Applicable in Non-Prison State Cases (p 29)
• Survivors of North Carolina Jail Fire Settle for $1.94 Million (p 30)
• First Amendment Protects Witnessing of California Executions by John E Dannenberg (p 30)
• Diagnosis, Not Exposure, Triggers Limitation Period in HCV Action (p 31)
• Receipt of Federal Funds Waives Eleventh Amendment Immunity for Rehabilitation Act (p 31)
• PLRA Does Not Apply to Challenges to Civil Commitment (p 32)
• Stun Belt Prejudice Reverses California Conviction by John E Dannenberg (p 32)
• News in Brief (p 33)
• Pendency of Federal Lawsuit Doesn't Toll 31-Day Texas Limitations (p 35)
• Seventh Circuit Reverses BOP's Denial of Death Row Prisoner's Interviews (p 36)

September

• Strapped States Threaten Prisoner Releases to Extort Revenue (p 1)
• Settlement Reached in Beating Death of Florida Prisoner (p 6)
• Ninth Circuit Affirms Constitutionality of RLUIPA (p 6)
• Habeas Hints by Kent A. Russell (p 7)
• From the Editor by Paul Wright (p 9)
• Shoot First, Ask Questions Later: The Militarization of Law Enforcement by Silja JA Talvi (p 10)
• Informal Grievance Procedure Must Be Exhausted Before Filing Suit (p 11)
• CSC: More Misery and Misfortune by C.C. Simmons (p 12)
• BOP Guards Smuggle Sperm for Mobsters by Gary Hunter (p 14)
• Washington DOC Settles Kosher Diet Complaints by John E Dannenberg (p 15)
• Arizona's Pima County Settles Prisoner Beating Death Lawsuits for $500,000 (p 16)
• Washington DOC Ban on Bulk Mail and Catalogs Enjoined in PLN Suit, Due Process Required by Paul Wright (p 18)
• New York Muslim Prison Chaplains Purged (p 20)
• CDC Report Outlines Prevention and Control of Hepatitis in Prisons by John E Dannenberg (p 21)
• Washington State's Changes to Good Time Laws Benefit Few by Lonnie Burton (p 22)
• Military Prisoners Cannot Sue Over Conditions of Confinement (p 23)
• Georgia Jury Awards $325,000 to Prisoner's Widow in Legal Malpractice Case (p 24)
• Texas Magistrate Suspended for Verbally Abusing Prisoners (p 24)
• Canadian Supreme Court Grants Prisoners Right to Vote by Lonnie Burton (p 25)
• Justice Department Report Decries Smuggling in Federal Prisons (p 26)
• The Death Penalty in 2001 (p 26)
• Court Okay Needed Before Housing Mentally Ill Prisoners in California Supermax (p 27)
• Expert Witness Standard in RLUIPA Gang Case (p 28)
• South Carolina Found in Contempt for Non-Treatment of Mentally Ill Prisoners (p 28)
• Tennessee Prisoner Awarded $242,500 in CCA Medical Neglect Suit (p 29)
• Gay Visiting Rule Challenged (p 30)
• Mediation Costs Not Taxable in §1983 Suit (p 30)
• Women Prisoners in Alabama Win Preliminary Injunctive Relief (p 31)
• Alabama's Women Prisoners Moved to Louisiana to Ease Overcrowding (p 32)
• The Prison Index: Taking the Pulse of the Crime Control Industry (p 33)
• News in Brief (p 35)

August

• America's Prisons Turn a Blind Eye to HCV Epidemic by Mark Wilson (p 1)
• Pregnant Wisconsin Prisoner Punished for Sexual Contact While Guard Walks Free by Lonnie Burton (p 4)
• Louisiana Guards' Conviction Upheld in Prisoner's Beating (p 5)
• From the Editor by Paul Wright (p 6)
• California Prison Policy Restricting Book Orders Enjoined (p 6)
• 900 British Prisoners Freed Following Court Ruling (p 7)
• Massachusetts Jury Awards $175,000 to Beaten Ex-Prisoner (p 7)
• Sexual Harassment Scandal Rocks Connecticut DOC (p 8)
• Criminal Law Update by Reaves, Jr, Walter M (p 10)
• Los Angeles County Liable Under § 1983 for Jail Detainee's Murder (p 13)
• Oregon HCV Suit Certified as Class Action (p 14)
• Sadistic New Jersey Prison Doctor's License Revoked Amid Allegations of Neglect, Malpractice by Lonnie Burton (p 16)
• $3.2 Million Awarded to New York Jail Prisoner in Work Accident (p 17)
• $178,294 Awarded in BOP Malpractice Suit (p 17)
• Pro Se Tips and Tactics: Damages by John Midgley (p 18)
• Ohio Jail's Pay-for-Stay Program Unconstitutional, Partial Summary Judgment Granted (p 20)
• Settlement of Hamilton County, Ohio, Jail Booking Fees Case (p 20)
• Butler County, Ohio, Settles Jail Booking Fee Suit (p 21)
• Director Out at Scandal-Plagued Washington State Jail by Lonnie Burton (p 22)
• Rikers Island Jail Chief Demoted (p 25)
• Arizona Prisoner Entitled to Workers' Compensation Payments During Period of Incarceration (p 25)
• North Carolina Juvenile Prisons Plagued by Physical, Sexual Abuse, and Medical Neglect by Lonnie Burton (p 26)
• Deaths and Beatings Rampant in Texas' Nueces County Jail by Gary Hunter (p 28)
• Behind the Walls: A Guide for Families and Friends of Texas Prison Inmates by Michael Rigby (p 29)
• DSU-Like Conditions in Massachusetts Prison Trigger Due Process Protection (p 30)
• Federal Prisoners Enlisted for Dangerous Computer Refurbishing by Lonnie Burton (p 31)
• Probation and Parole Populations Continued to Rise in 2001 (p 32)
• Overt Act Unnecessary to Allege Conspiracy Claim in 7th Circuit (p 32)
• U.S. Supreme Court Upholds California's Harsh Three-Strikes Law by John E Dannenberg (p 33)
• News in Brief (p 34)
• News in Brief (p 35)
• The PLRA Does Not Change Leave to Amend Rule by Bob Williams (p 36)
• Illinois Settles Visitor Strip Search Suit for $237,000 (p 36)

July

• Beaten Philadelphia Prisoner Gets $125,000, Two Guards and Warden Get Time (p 1)
• Compensating the Wrongly Convicted, or Not by Matthew Clarke (p 1)
• Veterans' Disability Check Unlawfully Seized to Pay State Restitution Fine by John E Dannenberg (p 4)
• Dallas Police Convicted of Framing Drug Defendants, DA Refuses to Help Innocent Prisoners (p 5)
• California Prison Guards' Attorneys Convicted in Dog Mauling by Marvin Mentor (p 6)
• From the Editor by Paul Wright (p 7)
• Kansas Tobacco Smuggling Conviction Upheld (p 7)
• Mississippi Pays $6 Million for Empty Prison Bunks (p 8)
• Over 100 Prisoners Exonerated Through DNA, Government Cuts Funding by Rex Bagley (p 10)
• $35,000 Settlement in New York Jail Cell Door Injury (p 11)
• Arkansas Prison Must Pay for Kosher Meals (p 11)
• No Right to Renounce Citizenship - U.S. Not "at War" (p 12)
• HIV Infections, AIDS Deaths Down in U.S. Prisons (p 12)
• Injunctive Relief Ordered to Fix ADA Violations in California Parole Hearings by John E Dannenberg (p 14)
• Eighth Circuit: BOP Prisoners Have No Liberty Interest in Visits (p 15)
• $240,000 Settlement in Florida Juvenile Boot Camp Suicide by Lonnie Burton (p 16)
• Compelled Oral Sex Satisfies PLRA's "Physical Injury" Requirement (p 16)
• California Ad Seg Requires Opportunity to Present Views, Gang Debriefing Upheld (p 17)
• Secretly Recorded California Jail Phone Conversations May Be Used to Convict by John E Dannenberg (p 17)
• Texas Guard Stabbing Prisoner Not State Action Under § 1983 (p 18)
• Appointment of Counsel in New Jersey Medical Suit (p 18)
• Washington Supreme Court Reverses Parole Revocation for Failure to Record Hearing (p 19)
• Joinder of Georgia Annual Parole Hearing Injunction is Rejected (p 20)
• Trial Required in Death of Mentally Ilil Nevada Detainee, 9th Circuit Reverses Summary Judgment (p 20)
• Expert Testimony Required to Prove Causation (p 21)
• Joinder of Georgia Annual Parole Hearing Injunction Is Rejected by Paul Wright (p 21)
• $22,500 Award Upheld in Texas Gang Assault Set-up by Guards by John E Dannenberg (p 22)
• Guard's Prior Misconduct Wrongly Excluded from Rape Trial (p 22)
• Arizona Governor Must Personally Decide Prisoner Clemency Denials (p 23)
• BOP Ban on R-Rated Movies Challenged by James Quigley (p 23)
• Favorable Termination Rule Inapplicable to Conditions Claims (p 23)
• Gov. Ryan's Song by Mumia Abu-Jamal (p 24)
• Illinois Governor Commutes All Death Sentences by Michael Rigby (p 25)
• Gay Bashing Illinois Guards to Pay $65,000 for Savage Beating (p 26)
• Houston Crime Lab Closed, Prisoner Freed by Michael Rigby (p 26)
• Washington Guards Shoot Now, Ask Questions Later by Roger Smith (p 27)
• Prompt Mental Health Services Ordered for Arkansas Pretrial Detainees by John E Dannenberg (p 28)
• Alabama DOC Settles Mental Health Class Action by James Quigley (p 29)
• California Governor Has Carte Blanche in Denying Lifer Paroles by Marvin Mentor (p 30)
• No Qualified Immunity When Denying Pain Medication (p 31)
• U.S. Supreme Court Upholds Sex Offender Registration Laws (p 32)
• Habeas Granted in BOP Good Time Case (p 33)
• News in Brief (p 34)
• No Administrative Exhaustion in Idaho Child Support Modification (p 35)
• $13 Million Approved for Study of Prisoner Rape (p 36)
• Consultants Do Not Insulate Officials from Kosher Diet Liability (p 36)

June

• The Crime of Being Poor by Paul Wright (p 1)
• Wichita Kansas Pays $6.2 Million to Settle Detainees' Lawsuit (p 8)
• Texas Medical Provider Investigated for Mixing, Selling Bodies (p 8)
• No Termination of Special Parole Upon Deportation (p 9)
• From the Editor by Paul Wright (p 9)
• The Shame of Prison Health by Sasha Abramsky (p 10)
• Proof of Actual Rights Violation Required for Attorney Fee Award (p 13)
• Habeas Hints by Kent Russell (p 14)
• Ohio Federal District Court Finds RLUIPA Constitutional (p 16)
• YSI: Another Death, Another Settlement (p 17)
• New Mexico Supreme court Affirms Dismissal of Phone Rate Suit (p 17)
• Texas Tries to Hire Incompetent Doctors to Review Medical Care (p 18)
• Retaliatory Prisoner Transfer for Exercising First Amendment Rights is "Adverse Determination" Under the Privacy Act by Bob Williams (p 19)
• PLRA Not Applied to Attorney Fees, $407,635 for Puerto Rican Prisoners (p 20)
• Evidence Suppressed in California Ex-Parolee's Warrantless Search by John E Dannenberg (p 20)
• Texas Prisoners Have Limited Right to Appear at Expungement Hearing (p 21)
• Washington DOC Settles ADA Suit for $8,000 by Roger Smith (p 22)
• Seventh Circuit Vacates $1.8 Million Award in BOP Suicide (p 23)
• "Atypical And Significant" Hardship Segregation Claim Cannot Be Dismissed Under §1915(e)(2) (p 24)
• Injunction Allows Legal Mail Between Iowa Prisoners (p 24)
• $345,000 Settlement in Pennsylvania Jail Rape Suit (p 25)
• $14 Million Settlement in U.S. Corrections Corporation Pension Plan Suit by Michael Rigby (p 25)
• Guajardo (Texas Prison Mail) Suit Dismissed (p 26)
• Alaska Prisoners' Benefits Extended to Arizona (p 26)
• Washington Women's Medical Care Consent Decree Ended (p 27)
• Ex-Employee Wins $500,000 Religious Discrimination Award Against TDCJ (p 28)
• $174,175 Awarded in D.C. Conditions and Medical Suit (p 28)
• $250,000 Award for Texas Jail Paraplegic Upheld (p 29)
• Hawaii Adopts "Mailbox Rule" in Prisoner Civil Actions (p 30)
• New Jersey's Five Percenters an STG and a Religion by David Reutter (p 30)
• Mailbox Rule Tolls Statute of Limitations in BOP Medical Suit (p 31)
• Incarcerated Father Retains Child Visitation Rights (p 32)
• PLRA Physical Injury Requirement Not Applicable to First Amendment Compensatory Damages (p 32)
• Third Circuit Holds PLRA Exhaustion Requirement an Affirmative Defense by Bob Williams (p 32)
• Deposition Testimony Not Hearsay; Expert Must Satisfy Daubert in BOP Van Accident (p 33)
• News in Brief (p 34)
• Beaten Philadelphia Prisoner Gets $125,000, Two Guards and Warden Get Time (p 36)

May

• Federal Legal Standards for Prison Medical Care by Daniel E. Manville (p 1)
• When Prison Officials Don't Respond Administrative Remedies Are Exhausted (p 10)
• Texas Parole Officer Hires Parolee for Murder by Gary Hunter (p 11)
• From the Editor by Paul Wright (p 12)
• CCA Pays $54 Million to IRS and Settles Gender Discrimination Complaint (p 13)
• The Parents' Project: Parent-Child Prison Visitation Issues Raised by Bazzetta, et. al. v. McGinnis, et. al. by Denise Johnston (p 14)
• Erroneously Released Texas Prisoner Has Right to Street Calendar Time (p 15)
• No Escape: Male Rape in U.S. Prisons: A Human Rights Watch Report by Joanne Mariner by Alex Coolman (p 16)
• Writing to Win by John E Dannenberg (p 17)
• Eighth Circuit Reverses Dismissal of Prisoner's Hepatitis C Treatment Claim (p 18)
• Texas Prison Guard Charged with Raping Male Prisoner; Prisoner Files §1983 Complaint (p 18)
• Ohio Supreme Court Orders Changes in Parole Board Procedures by Robert Woodman (p 19)
• No Qualified Immunity Defense for Florida Beatings by David Reutter (p 20)
• California Pays $1.1 Million in Prison Sexual Harassment Suits (p 20)
• Twenty Years for Flinging Feces on Texas Guards (p 21)
• Washington Prisoner L & I Statutes Struck Down (p 21)
• Injury Report Satisfies Texas Tort Claims Actual Notice Requirement (p 22)
• BOP Communion Wine Ban Challenged by David Reutter (p 22)
• Psychologist Not Qualifiedly Immune in Prisoner Suicide Suit by John E Dannenberg (p 23)
• BJS Summarizes State Sex Offender Registries (p 24)
• Texas Guard's Conviction Reversed (p 24)
• No Right to Artificial Insemination by John E Dannenberg (p 25)
• ADA Liability Extends to New Jersey County Jail and Vicinage (p 26)
• Texas Pro Se Litigant Entitled to Notice of Hearing (p 26)
• Head of Counsel for Texas Prisoners Fired (p 27)
• Dismissal for Failure to Allege Physical Injury Improper (p 27)
• Third Circuit Upholds $100,000 Damages Award to Assaulted Pennsylvania Prisoner (p 28)
• Prisons Experience Outbreaks of Infectious Disease by Michael Rigby (p 28)
• Ninth Circuit Reexamines Standards for Qualified Immunity at Summary Judgment Stage in California Shooting Case by John E Dannenberg (p 29)
• San Mateo County Sues California Jail Phone Service Providers (p 30)
• Kosher Diets for Prisoners Upheld in Tenth Circuit by Bob Williams (p 30)
• Exceptions Made To PLRA Exhaustion Requirement; Discovery Allowed by John E Dannenberg (p 31)
• Disciplinary Boards are not "State Courts" Under AEDPA (p 32)
• Wisconsin Lacks Authority Over Funds of Out-of-State Prisoners (p 32)
• Prison Population Continues to Grow (p 33)
• News in Brief (p 34)

April

• Statutes Affecting Disabled Prisoners by Daniel E. Manville (p 1)
• Florida Jury Awards $390,000 Over Defective Prison-Produced Chair (p 4)
• Florida PLN Writer Settles Retaliation Suit for $3,000 by David Reutter (p 5)
• Prison Labor Losing Popularity in Oregon by Gary Hunter (p 6)
• From the Editor by Paul Wright (p 7)
• Pro Se Tips and Tactics by John Midgley (p 8)
• PLN Settles Oregon Censorship Suit for $55,414.31 (p 10)
• Interest on Washington Restitution Cannot Be Suspended (p 10)
• Texas Grants Prisoners Right to Forensic DNA Testing (p 11)
• Sole Washington Woman Civil Commitment Taxes System by Lonnie Burton (p 12)
• Wyoming Jail Must Disclose Suicide Prevention Critique (p 12)
• Rehabilitation Act, Title II of ADA, Held Unconstitutional (p 13)
• PI Issued in Arizona Internet Communications Ban by John E Dannenberg (p 14)
• Delay in MAP Implementation Violates Washington Law (p 14)
• Forced DNA Sampling of California Prisoners Upheld (p 15)
• California Approves Forced DNA Extractions (p 15)
• Murder, Mayhem, Corruption and Snitches: BOP Florence Exposed by Bob Williams (p 16)
• Arizona Guards Continue to Rape Prisoners by Michael Rigby (p 20)
• New Jersey Jail Guards Awarded $1.2 Million Following Retaliation for Protesting Jail Conditions (p 20)
• California Guards Convicted of Arranging Prison Beatings, New Conspiracy Accusations Leveled (p 21)
• Georgia Parole Board's "90% Policy" Ruled Ex Post Facto (p 22)
• $400,000 Jury Award in Illinois Ruptured Appendix Suit (p 23)
• PLRA Requires More Than De Minimus Physical Injury (p 24)
• Property Use Versus Non-Use Texas Tort Claim Standard Explained in Medical Death Claim (p 24)
• Idaho Free Speech Claim Reinstated, Voluntary Dismissal Clarified (p 25)
• State Tolling Statute Applied in § 1983 Action by John E Dannenberg (p 26)
• Warden, Security Director Liable for Iowa Guard's Sexual Assault of Prisoner, $45K Verdict Upheld (p 26)
• Vermont DOC Must Comply with APA for Rule Changes in Furlough Program (p 27)
• Book Review: Law and the Rise of Capitalism by Peter Wagner (p 27)
• $4.47 Million in Washington Negligent Supervision Settlements and Verdicts (p 28)
• Failure to Allege Imminent Threat Precludes Justification Defenses in BOP Weapons Prosecution (p 29)
• News in Brief (p 30)

March

• Georgia Parole Corruption Deepens by Gary Hunter (p 1)
• U.S. Torture: A Sordid History Of Official And Systematic Abuse by G. Flint Taylor (p 1)
• From the Editor by Paul Wright (p 4)
• Louisiana Prisoners May Access Savings Funds Exceeding $250 (p 5)
• Suits Against Individual State Employees Available Under ADA (p 6)
• California Three-Year Lockdown of "Southern Hispanics" Held Unconstitutional by Marvin Mentor (p 6)
• Iowa Guards Fired for Beating Prisoner (p 7)
• Thaddeus-X Standard Retroactive Except for Qualified Immunity Defense by Bob Williams (p 7)
• Gender and Incarceration: How Men and Women Experience Life Behind Bars by Silja JA Talvi (p 8)
• Criminal Guards and Escaping Prisoners in Texas (p 10)
• Maryland Pays $700,000 to Settle Suit Over Murder Committed by Parolee in Colorado (p 11)
• Florida's Rush to Disenfranchise Felons Before the 2004 Election by David Reutter (p 11)
• Restoration of Voting Rights in Washington by Julya Hampton (p 12)
• Texas Eliminates Habeas Corpus Following Probation Revocation (p 12)
• Virginia Law Repeals Phone Rate Ruling (p 12)
• Seventh Circuit Allows Sanctions for Frivolous Habeas Corpus Petitions (p 13)
• Georgia DOC to Provide Court Access With Computers, Legal Software (p 13)
• $2.5 Million Verdict in California Medical Neglect Case by Marvin Mentor (p 13)
• Tribal Funds Exempt from Washington LFO Seizures (p 14)
• Vehicle Forfeited for Smuggling Drugs into Arizona Prison (p 14)
• Florida's Private Food Service Demonstrates that Profit Overrides Sanitary Practice by Marvin Mentor (p 15)
• Denial of Nation of Islam Literature Unconstitutional by David Reutter (p 16)
• Habeas Hints: Standard of Review by Kent Russell (p 16)
• California Prisons Contract-Medical-Care Audit Reveals Millions In Waste by Marvin Mentor (p 17)
• Drug Addiction Disability Cannot Be Used to Deny Parole (p 18)
• Scrubbing Abu Ghraib Away by Mumia Abu-Jamal (p 18)
• California Parole Official Demoted (p 18)
• Class Action Filed on Washington DOC Seizure of Tribal Funds (p 19)
• Disclosure of Transsexual, HIV+ Status States Eighth Amendment Claim (p 19)
• From the Editor by Paul Wright (p 20)
• $90,169 Plus Injunction in California Retaliation Suit (p 20)
• Habeas Corpus Sole Remedy for BOP Sentence Reduction (p 20)
• Report Downplays Wrongful Convictions in U.S. by Hans Sherrer (p 21)
• Hawaii Prison Doctor's Retaliation Judgment Upheld (p 21)
• Veteran's Benefits Deposited to Prisoner Trust Account Cannot Be Attached (p 22)
• Acrimonious Michigan Prisoners' Rights Suit Settled After 15 Years by John E Dannenberg (p 22)
• Prisoner Phone Recordings not Exempt from FOIA Disclosure (p 22)
• North Carolina DOC Supervisor Implicated in Scandal (p 23)
• PLRA Applies to Juveniles; Claim Administratively Exhausted (p 23)
• Denial of Reporter's Access to Jail Unconstitutional (p 23)
• Tulia Travesty Settled for $6 Million by Hans Sherrer (p 24)
• Court Must Notice Pro Se Prisoner of Resonse Rights Before Granting Summary Judgment (p 24)
• Medical Claim Accrues on Last Date of Treatment Denial (p 24)
• Punitive Damages Are Prospective Relief Under PLRA by David Reutter (p 25)
• New York County Liable for Jail Strip Searches (p 26)
• Ohio Prison Officials Cannot Alter Jail-Time Credit Award (p 26)
• Mismanaged, Money-Losing Folsom City Prison Closed by John E Dannenberg (p 27)
• Sandin Applied to Wisconsin Sexual Offender Civil Commitment (p 27)
• New York Jail Strip Search Policy Unconstitutional (p 28)
• Release of Medical Liability May Establish Deliberate Indifference (p 28)
• $300,000 Awarded for Delayed Treatment of New York Prisoner's Hearing Loss (p 28)
• New Jersey Over Detains Prisoner Two Years Due to Illegal Sentence Calculation (p 28)
• Failure to Assert Hearing Officer Bias Administratively Waives Claim on Habeas (p 29)
• Woman Gang Raped in Back of Jail Van (p 29)
• Democratic Organization Gives Some Felons Second Chance (p 29)
• Stun Belt Violates Due Process; Habeas Granted by John E Dannenberg (p 30)
• News in Brief (p 30)
• Home Detainee Has Fourth Amendment Rights (p 31)
• VP's Drug Dealer Retaliation Claim Ordered to Trial (p 31)
• New York Prisoner Awarded $411,000 in Failure to Protect Suit (p 31)
• BJS Releases New Recidivism Study (p 32)
• Report Blasts South Carolina Plan to Privatize Prison Health Care by Michael Rigby (p 32)
• Guards Let California Prisoner Slowly Starve to Death (p 33)
• Parents of Deceased Wisconsin Boot Camp Prisoner Settle for $462,000 (p 34)
• The Citebook by Michael Rigby (p 34)
• Florida DOC Ordered to Assist Felons Restore Their Voting Rights by David Reutter (p 35)
• California Internet Injunction Upheld (p 36)
• New York Court Awards Prisoner $180,000 in Slip and Fall (p 36)
• Preliminary Injunction Granted to Religious Objector of Tuberculosis Skin Test by David Reutter (p 37)
• New Mexico Lawyers Entitled to Jail Visiting, Phone and Records Access (p 38)
• Prisons Almanac 2004 Prisons Foundation, Washington, DC by John E Dannenberg (p 38)
• Texas Syndicate Gang Members Busted - Again by C.C. Simmons (p 39)
• U.S. Supreme Court: Guantanamo Detainees and "Enemy Combatants" Have Access to Habeas Corpus by John E Dannenberg (p 40)
• California Awards Wrongly Incarcerated Man $428,000 (p 41)
• News in Brief (p 42)
• Jury Awards $20,000 to Nurse Stuck by Needle from HIV Positive Prisoner (p 44)

February

• Sex, Drugs, and Beatings at Boston Jails (p 1)
• Washington Jail Settles Work Release Suit by Lonnie Burton (p 4)
• From the Editor by Paul Wright (p 4)
• Connecticut Pays $1,850,000 in Deaths of Two Prisoners Transferred to Virginia by John E Dannenberg (p 5)
• U.S. District Court Finds Supermax Placement at Ohio Prison "Atypical and Significant Hardship" by Robert Woodman (p 6)
• Third Circuit Sets High Standard for Supervisory Liability (p 8)
• Ninth Circuit Upholds Sanctions Against Idaho DOC Lawyer; DOC Retaliated for Litigation (p 9)
• Washington Police Scientists' Work Under Scrutiny (p 10)
• Protecting Your Health and Safety: A Litigation Guide for Inmates by Paul Wright (p 10)
• Washington Jail Sued Over Conditions by Lonnie Burton (p 11)
• System Examined in Death of Washington Prisoner by Angela Galloway (p 12)
• Summer Uprisings in Three Southern Jails (p 14)
• $15,555 Awarded to Beaten Pennsylvania Prisoner (p 15)
• Washington DOC Settles Hep C Death Suit for $1 Million (p 15)
• Boston Jail Strip Searches Unconstitutional by John E Dannenberg (p 16)
• $10 Million Settlement in Boston Strip Search Suit (p 17)
• Ten Percent Surcharge on New Jersey Commissary Purchases Upheld (p 18)
• All California Prisoners Win Upgraded Medical Care by John E Dannenberg (p 18)
• California Internet Mail Ban Enjoined by John E Dannenberg (p 19)
• Texas' Historic Ruiz Lawsuit Settled by Donna Brorby (p 20)
• EMSA and Nevada Jail Pay $40,000 Settlement to Quadriplegic (p 20)
• $56.5 Million Jury Verdict in Indiana Jail Murder (p 21)
• Prison Officials Liable for Gang Member's Murder (p 22)
• Conclusory Allegations held Not "Some Evidence" in Prisoner Retaliation Claim (p 22)
• Hawaii SO Notification Law Violates Due Process (p 23)
• Failure to Timely Raise Exhaustion Defense Waives that Defense (p 23)
• $2.5 Million Settlement, No Immunity for Indiana Jail Strip Search (p 24)
• Court Orders Hospitalization for Federal Pretrial Detainee (p 24)
• No Probation in Arizona Jail Drug Possession (p 25)
• Jury Awards $392,000 for Failure to Protect New York Jail Prisoner (p 25)
• South Carolina County Pays $276,660 for Illegal Wiretaps on Judges' Telephones (p 26)
• Prisoner's Estate Survives Summary Judgment on Medical Policy Claims (p 26)
• Good Time on Alaska CS Sentences Subtracted from Aggregate Sentence (p 27)
• Alabama Jail Conditions Unconstitutional, County Liable by David Reutter (p 28)
• Ohio Appeals Court Upholds § 1983 Medical Care Claim (p 29)
• News in Brief (p 30)
• $1 Million New York Jail Beating Settlement (p 32)

January

• Washington Prison Health Care Substandard by Angela Galloway (p 1)
• From the Editor by Paul Wright (p 5)
• Habeas Hints: Procedural Update by Kent Russell (p 6)
• The Long Silence: Federal Prisoners' Fight to Get the Word Out Reaches Unprintable Extremes by Alan Prendergast (p 8)
• Book Review: From Prison to Home by Roger Hummel (p 10)
• North Carolina Jail Fire Kills Eight Prisoners (p 11)
• Alabama DOC Quickly Settles Prison Working Conditions Suit by John E Dannenberg (p 12)
• Hustler Magazine Survives Arizona Prison Obscenity Test (p 13)
• Los Angeles County Settles Overdetention Suits for $27 Million by John E Dannenberg (p 14)
• Sexual Assault Violates Eighth Amendment (p 14)
• Wackenhut Warden and Six Guards Convicted In New Mexico Prisoner Beatings (p 15)
• California's Parole Revocation System Violates Due Process by John E Dannenberg (p 16)
• Virginia Guards Acquitted of Assaulting Prisoner by Michael Rigby (p 17)
• Ninth Circuit Upholds BOP's Prorated Good Time Formula (p 19)
• Sentence Commuted for Sexually Assaulted New Mexico Prisoner (p 19)
• Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion to Dismiss (p 20)
• Deaf Michigan Prisoner's ADA/RA Suit Survives Dismissal Challenge (p 20)
• USPC Parole Revocation Policies Violate Due Process by David Reutter (p 21)
• Trial in Prison Violates Oregon's "Public Trial" Guarantee (p 22)
• Amendment of Complaint to Identify Unknown Defendant Denied (p 22)
• Denial of Wheelchair Claims Survive Summary Judgment (p 23)
• PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded by David Reutter (p 24)
• Excessive Force and Delaying Medical Treatment Defeats Dismissal (p 25)
• Diabetic's Amputation Suit Set for Trial (p 25)
• No Immunity for Failing to Protect Murdered Informant; Correctional Industries Employees Are State Actors (p 26)
• Colorado Ad-Seg Decisions Subject to Judicial Review (p 26)
• 7th Circuit: PLRA Exhaustion Requirements Retroactive; BOP Has Late Grievance Hardship Exception (p 27)
• A Jailhouse Lawyer's Manual, Fifth Ed. and 2002 Supplement by Paul Wright (p 28)
• $27,848.30 Award in Texas Jail Slip and Fall Upheld (p 28)
• Brutal Jail Conditions Warrant Reduced Federal Prison Sentence (p 29)
• Less Restrictive Alternatives Must Be Considered in Washington Sex Predator Commitments (p 29)
• News in Brief (p 30)
• 7th Circuit Denies Qualified Immunity on ETS Claim (p 31)
• FLSA Inapplicable to Oklahoma Prisoners in Private Prisons (p 31)
• All Aspects of Inadequate Medical Need Not Be Exhausted (p 32)