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Archive: 2008

December

• Dangers of a preventive detention law by David C Fathi
• $1,250,000 Settlement in Michigan Police Shooting Death
• Use of Questionable “Lie Detectors" by Law Enforcement Expands Nationwide by Matthew Clarke (p 1)
• Texas: $232,000 Settlement, $82,000 Award in Prison Employees' Discrimination Suits
• ARE FALSE IMPRISONMENT RECOVERIES TAXABLE? by Robert Wood
• Many Iowans Mistakenly Identified as Felons, Purged From Voter Lists
• Nebraska Appeals Court: Failure to Exhaust Remedies Jurisdictional Defect
• Sentenced to rape: LGBT inmates face unusually high risk of sexual assault in prison by Meghann Myers
• Stick to Your Guns: Restoration of Tennessee "Firearm Rights" by David L. Raybin
• PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John Dannenberg (p 7)
• From the Editor by Paul Wright (p 8)
• Canadian Prisoner Recognized for Advocacy on Prisoner Health Issues (p 8)
• $2.75 Million Verdict in Dehydrated Michigan Prisoner’s Death (p 9)
• StopMax: The Fight Against Supermax Prisons Heats Up by Jessica Pupovac (p 10)
• Ruling Against Expression is No Music to Prisoners’ Ears by David Hudson (p 14)
• An Execution in the Family: One Son’s Journey, by Robert Meeropol; St. Martin’s Griffin, 273 pages, $14.95 by David Preston (p 16)
• Connecticut DOC Settles Prisoner Hogtying Death For $900,000 (p 17)
• NIC Report: Wisconsin Jails Racist and Dangerous by Gary Hunter (p 18)
• Wyoming American Indian Prisoner Wins Consent Decree to Receive Feathers (p 19)
• “Habeas Hints” by Kent A. Russell (p 20)
• California DOC Settles Sadistic, Hate-Motivated, Three-Year Starvation Death Of Sikh Prisoner For $1 Million by Marvin Mentor (p 22)
• New Zealand Prisoners Building Copiers for Canon (p 23)
• CMS Insurer Must Pay Wyoming Suicide Settlement (p 24)
• Exonerated Florida Prisoner Receives $2.2 Million; Second Lawsuit Still Pending (p 24)
• Jury Awards Indiana Prison Law Library Clerk $1,150 for Retaliation (p 26)
• NCCHC Releases Position Statement on Abuse of Prisoners by Matthew Clarke (p 26)
• California Guards Union Investigated for Hiring Parolee for Office Job (p 27)
• Alabama Policy Denies Work Release to HIV/AIDS Infected Prisoners by David Reutter (p 28)
• Prison Population Continues Exponential Growth by David Reutter (p 28)
• Indiana Prisoner Receives $200,000 in Excessive Force Case (p 29)
• Indiana DOC Policy Banning Group Worship by Odinists Enjoined by John Dannenberg (p 30)
• Landmark 1980 California Death Row Federal Consent Decree Partially Terminated Under PLRA by John Dannenberg (p 30)
• BOP Agrees to Pay $90,000 in Attorney’s Fees and Costs in Suit Over Constitutionality of Byline Regulation (p 31)
• Colorado DOC Pays $60,000 Settlement for Suicide of Former Prisoner Who Was Sexually Abused by Guard by John Dannenberg (p 32)
• Self-Help Legal Guides, Publisher, Rosemary Steele; 104 pages, Softbound by David Reutter (p 32)
• Sexual Abuse and Violence in Texas Prisons Eclipses National Average by Gary Hunter (p 33)
• $2.75 Million Settlement in New York Prisoner’s Loss of Sight Claim (p 34)
• $1.5 Million Settlement Provided to Immigrant Prisoner Who Lost Leg in Colorado Jail by David Reutter (p 34)
• New Jersey Fires 52 Prison Guards in 2007 by Gary Hunter (p 35)
• GEO Group Consultant Civilly Charged With Insider Trading (p 36)
• $4.45 Million Verdict in Meningitis Death of Cook County Jail Prisoner by David Reutter (p 36)
• U.S. Supreme Court Upholds Use of Lethal Injection by Brandon Sample (p 37)
• Oregon Guards Wrongly Fired Win $1,000,000 (p 38)
• Exonerated Florida Man Receives $1.25 Million (p 38)
• Helping Ex-Prisoners Find Jobs Has Become Important to the Government, Finally by Derick Limberg (p 38)
• Pennsylvania Jail Rebuffs Calls for Independent Review of Abuse Claims (p 39)
• Strip Search Policy E-mails Were Attorney-Client Communications, but Privilege Is Waived (p 40)
• $290,000 Award for New York Prisoner’s Slip and Fall on Ice (p 40)
• Florida Jail Supervisors Investigated in Fraudulent Overtime Scheme (p 41)
• $25,000 Award To South Carolina Prisoner Injured Performing Community Service (p 42)
• New Hampshire Prisoner’s ADA Claim Survives Summary Judgment (p 42)
• Native American Reservations in Dire Need of Better Jails, Get Money to Build More (p 43)
• Ohio Man Receives $600,000 for Wrongful Imprisonment (p 43)
• Seventh Circuit: Delayed Medical Care Because Doctor Attended New Year’s Party Constitutes Deliberate Indifference (p 44)
• South Dakota Guard Liable for Prisoner’s Electrocution Death (p 44)
• Legal Financial Obligation Deductions Imposed on All Washington Prisoners (p 45)
• Tenth Circuit: Procedural Defense to Federal Prisoner’s ETS Suit Fails on Inadequate Grievance Record-Keeping by John Dannenberg (p 46)
• Massachusetts DOC Ordered to Provide Vegan Meals to Buddhist Prisoner (p 46)
• EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds (p 47)
• Ninth Circuit: Statutory Increase in Restitution Payment Rate Does Not Violate Plea Agreement and is Not Ex Post Facto (p 47)
• Tenth Circuit Follows Jones v. Bock, Reverses Full-Exhaustion Predicate in § 1983 Cases by John Dannenberg (p 48)
• New York Sex Offenders’ Settlement Agreement Superseded by New Registration Law (p 48)
• Washington Court Invalidates Pretrial Substance Abuse Conditions (p 49)
• No Filing Fee Lien Allowed in Florida Mandamus Cases (p 49)
• News in Brief: (p 50)
• $635,000 Settlement in Wisconsin Woman Prisoner’s Suicide (p 52)

November

• Fallen Women - Santa Fe Reporter article by Silja Talvi by Silja JA Talvi
• Doing Borrowed Time: The High Cost of Back-Door Prison Finance by Kevin Pranis (p 1)
• Sheriff Joe Arpaio’s Own Records Raise Serious Questions About Inmate Juan Mendoza Farias' Violent Death by John Dickerson
• Was Juan Mendoza Farias Beaten to Death by Sheriff Joe Arpaio’s Guards? by John Dickerson
• Arkansas Woman Left in Cell for Four Days Without Food or Water (p 8)
• From the Editor by Paul Wright (p 8)
• Monitor’s Second and Third Reports Find Medical Care From CMS for Delaware Prisoners Still Lacking by David Reutter (p 10)
• Paying Texas Prisoners Undermines Outside Businesses by Gary Hunter (p 12)
• Colorado DOC Increases Legal Photocopy Fees 400 Percent (p 13)
• An Interview with Randall Berg, Executive Director of the Florida Justice Institute by Todd Matthews (p 14)
• Could the Fall of Lehman Brothers Signal Trouble for Private Prison Corporations? by Bob Libal (p 16)
• Private Prisons a Public Disgrace in Texas by Gary Hunter (p 18)
• Ex-Warden’s Wife Charged With Assisting Prison Escapee by Gary Hunter (p 19)
• Privatized Medical Care in Mississippi Prisons: Another Wexford Failure by David Reutter (p 20)
• Illinois Federal Jury Awards Record $15.5 Million in False Arrest Case by Matthew Clarke (p 21)
• Effects of Florida’s Faith Based Prisons Found to Be Promising in Reducing Recidivism by David Reutter (p 22)
• Florida County Sheriff Liable for $1.5 Million for Acts of Informant on Work Release (p 23)
• Massachusetts Jail Conditions Unconstitutional Says U.S. Department of Justice by Gary Hunter (p 24)
• CA Justice Commission: “Low bid, flat fee” Defense Attorney Hiring Scheme Shortchanges Indigent Criminal Defendants by John Dannenberg (p 25)
• Maricopa County Special Prosecutor Padded Résumé, Law Partner Quits by Matthew Clarke (p 26)
• $13.5 Million Florida Jail Strip Search Settlement (p 26)
• U.N. Recommends Worldwide Death Penalty Moratorium (p 27)
• Errantly Paroled Mentally Ill San Quentin Prisoner Commits Mayhem In San Francisco (p 28)
• CMS Nurse Injects 15 Delaware Prisoners with the Same Syringe (p 28)
• Iowa Imprisons Blacks at Alarming Rate by Gary Hunter (p 29)
• Nevada Phone Contract Reduces Costs to Prisoners’ Families But Increases State’s Kickback by David Reutter (p 30)
• HIV Cases in U.S. Prisons Decline (p 30)
• U.S. Pardon Attorney Replaced After Investigation Reveals Racial Comments, Retaliation and Mismanagement by Brandon Sample (p 31)
• Justice Policy Institute Brief Links Crime, Wages and Unemployment by Matthew Clarke (p 32)
• Texas State Auditor States Some Prison Rehabilitation Programs Effective, Some Not by Matthew Clarke (p 32)
• $145,000 Awarded to New York Prisoner Who Falls While Cutting Wet Grass (p 33)
• Alabama Federal Court Awards $538,178 in Attorney Fees and Expenses for Women Prison Conditions Litigation (p 34)
• Incarcerated New York Women Denied Access to Reproductive Health Care by Gary Hunter (p 34)
• $156,289 in Attorney Fees Awarded for Enforcing California Jail Prisoners’ Federal Consent Decrees by John Dannenberg (p 36)
• Report Finds Incarceration Damages Children Psychologically, Emotionally by Gary Hunter (p 36)
• Former Female Prisoners Settle Sexual Abuse Lawsuit in Virginia (p 38)
• CA State Auditor: 352 Licensed Residential Living Facilities Errantly Housed Registered Sex Offenders by John Dannenberg (p 38)
• Identity of Prisoner Who Smuggled Gun into New Jersey Facility Revealed by Appeals Court by Gary Hunter (p 39)
• California Proposition 36 Drug Program Participation Credits Apply Against Subsequent Probation Revocation (p 40)
• BOP Administrative Tort Claims Fail to Satisfy PLRA’s Exhaustion Requirement (p 40)
• $5,775 Awarded For 104 Days of Over-Incarceration in Ohio Prison (p 41)
• $80,000 Settlement in Utah Jail Prisoner’s Suicide (p 41)
• Ninth Circuit: Washington Law Creates Liberty Interest in Sex Offenders’ Early Release to Community Custody (p 42)
• Supreme Court: Death Penalty for Child-Rape Barred as Cruel and Unusual Punishment (p 42)
• Crack Cocaine Offenders Denied Representation for Sentence Reductions by Brandon Sample (p 44)
• Snitch: Informants, Cooperators & the Corruption of Justice, by Ethan Brown Public Affairs Publishing, 273 pages, $25.95 by David Preston (p 44)
• California Juvenile Jail Ward, Brain Damaged from Suicide Attempt, Awarded $4.6 Million (p 46)
• Pre-Release Jail-Abuse Questionnaires Said to Pressure Prisoners by John Dannenberg (p 46)
• Former Illinois Prison Watchdog Group Executive Acquitted of Bribing Prison Officials (p 47)
• Hawaii Prisoner Awarded $20,000 in Slip and Fall Lawsuit (p 47)
• Banning of Newsletter in Wisconsin Prison Violates First Amendment by John Dannenberg (p 48)
• Florida Imposes Broad Budget Cuts, but Prison Officials Increase Pay Through Double-Dipping by David Reutter (p 48)
• News in Brief: (p 50)
• Romance with Jail Guard Lands Sex Offender Back in Prison by Gary Hunter (p 52)

October

• Gay and Lesbian Prisoners: Recent Developments and a Call for More Research by Zachary Wolfe, Esq. (p 1)
• Failure to Name Defendant in Administrative Appeal Does Not Foreclose Including Him in § 1983 Complaint
• Torture Taxi: On the Trail of the CIA’s Rendition Flights, 
by Trevor Paglen and A.C. Thompson. 
Melville House Publishing, 205 pages, $23.00 by David Preston
• From the Editor by Paul Wright (p 8)
• Washington State Crime Lab Chief Resigns by Gary Hunter (p 8)
• Over 60% of Oregon Prisoner Suicides Linked to Mental Illness, Isolation by Mark Wilson (p 10)
• Trifecta for Michigan DOC: Three Reports Find Deficient Prison Medical Care by David Reutter (p 16)
• Fondled Hawaiian Transexual Prisoner Awarded $817,500 in Damages and Attorney Fees by Matthew Clarke (p 18)
• Virginia Parole Rate Plummets Despite Thousands of Eligible Parolees by John Dannenberg (p 19)
• Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter (p 20)
• Courts Find Ohio Adam Walsh Act Unconstitutional (p 23)
• NY DOC’s Former 60% Prisoner Phone Call Kickback Scheme Did Not Violate Prisoners’ Families’ Constitutional Rights (p 24)
• Prison Legal News Prevails in Tennessee Public Records Suit Against CCA (p 24)
• TASER International’s Stock Shocked By $6.2 Million Damages Award by John Dannenberg (p 25)
• Teeth Extraction Policy for CA Women Prisoners Rescinded by John Dannenberg (p 26)
• Michigan Jail Pays $145,000 for Vindictively Exhibiting Naked Detainees in Segregation Cell (p 26)
• Jail Prisoners Get Rapid HIV Tests (p 28)
• Harris County, Texas Sends 600 Jail Prisoners to Private Pen in Louisiana (p 28)
• Federal Prisoner May Not be Held Indefinitely in Punitive Housing Pending Investigation of Infraction (p 29)
• Excessive Force Suit Against Illinois Guards Must be Retried, Allowing Evidence of Guards’ Actions (p 30)
• $204,856 in Attorney’s Fees and Costs Awarded in Nebraska Kosher Diet and Muslim Prayer Case by Brandon Sample (p 30)
• Bill Introduced to Exempt Wrongfully Convicted from Federal Income Taxes (p 31)
• States Expand Registration Laws to Include Drug Offenses (p 32)
• Alabama Jail Guard Fired, Convicted, Held Civilly Liable in Prisoner’s Assault by David Reutter (p 32)
• Montana DOC Employees Disciplined for E-mail Abuse (p 33)
• PHS Wins Quadriplegic Prisoner’s Negligence Suit, Jail Settles for $100,000 (p 34)
• Segregated Massachusetts Nation of Islam Prisoners Entitled to Halal Menu and Jum’ah Prayers; $237,299.25 in Attorney Fees Awarded (p 34)
• Federal Prisoner in State Jail Custody Illegally Denied State Court Name Change Petition (p 35)
• 71-Year-Old Veteran Paid $185,000 for Rough California Jail Booking Treatment (p 36)
• U.N. Committee Against Torture: Tasering is a “Form of Torture” by Matthew Clarke (p 36)
• Prior Failure to Register as Sex Offender Does Not Violate Adam Walsh Act (p 38)
• Monetary Sanctions Permitted for Milwaukee Jail’s Violation of Consent Decree by David Reutter (p 38)
• WA Prisoner Properly Denied Access to Savings Account to Hire Lawyer for Parolability Hearing (p 39)
• $7,025 Award in Slip and Fall From Ohio Prison Bunk (p 40)
• Sixth Circuit: $4.5 Million Award Upheld Against Michigan DOC Doctor in Dehydration Death of Mentally Ill Prisoner by John Dannenberg (p 40)
• Ten Michigan Lawyers Honored For 8-Year Effort To Win $30 Million Damages For 10 Women Prisoners’ Sexual Abuse By Prison Guards by John Dannenberg (p 42)
• Georgia Inmate Welfare Fund Consent Decree Terminated Under PLRA (p 43)
• $45,000 Awarded to Probationer Subject to Overzealous Probation Officer (p 43)
• Michigan Federal Court Issues Injunctive Relief for Lifer Parole Hearings by John Dannenberg (p 44)
• $305,021 Awarded to Missouri Prisoner Struck by Tree; State Legislature Takes Note by Brandon Sample (p 44)
• Washington DOC Fires McNeil Island Employee for Prisoner Fund Theft (p 45)
• Contempt Order Entered Against Virgin Island’s Prison Mental Health Care (p 46)
• $449,000 Settlement in BIA Prisoner’s Fall from Top Bunk in Detox Cell (p 46)
• $1.95 Million for 18 Years Wrongful Imprisonment in North Carolina (p 47)
• Wyoming Prisoner Receives $350,000 in Failure to Protect Case (p 47)
• Indiana Judge Refuses to Send Juveniles to Unsafe Facility (p 48)
• New York Mail Rule Disciplinary Conviction Reversed (p 48)
• Texas Adds Sex Offender Employment and School Information to Registry (p 49)
• News in Brief: (p 50)
• Texas Youth Commission Settles Lawsuit with U.S. Dept. of Justice by Gary Hunter (p 50)
• Ice Cream Trucks No Treat for Sex Offenders (p 52)

September

• Winning the Fight of Our Lives: Immigrant Rights and Prison-Industrial Complex
• Massachusetts’ Mental Health Treatment Policies Prove Deadly for Public, Prisoners by David Reutter (p 1)
• South Carolina Prison Officials Allegedly Forced to be Executioners (p 6)
• Women Behind Bars: The Crisis of Women in the U.S. Prison System, by Silja Talvi ;Seal Press, 359 pp. $15.95 by Alexis Paige (p 7)
• From the Editor by Paul Wright (p 8)
• “I CAN Learn” Software Procurement for Kentucky DOC Questioned by Matthew Clarke (p 8)
• Millions Paid in Mississippi Jail Deaths; Ten Guards Sentenced for Abuses; Corruption Continues by Bob Williams (p 10)
• California “Restitution Center” Prisoner’s Suit for Underpayment Certified as Class Action by Marvin Mentor (p 14)
• GEO Group Expands into Mental Health Facilities for Business Growth by David Reutter (p 16)
• Of 426 California Prisoner Deaths in 2006, 66 Found to be Preventable by John Dannenberg (p 18)
• New Jersey Joins Other States in Restricting Internet Use by Sex Offenders (p 19)
• Florida DOC Ends Unofficial Transfer-for-Sale Policy by David Reutter (p 20)
• Arizona DOC Guard Reinstated Despite Error Resulting in Prisoner’s Murder (p 21)
• Survivors Guide to Medical Research in Prison by Greg Dober (p 22)
• Perfecting the Death Penalty by David R. Dow (p 24)
• PLN Wins Kansas Censorship Suit by Michael Rigby (p 25)
• Judgment in Florida’s Closed Management Conditions Lawsuit Terminated Under the PLRA by David Reutter (p 26)
• Texas Federal Judge Acquits VitaPro Defendants by Matthew Clarke (p 27)
• New Jersey Prisoners’ Jail Escape Leads to Firings and Suicide by Gary Hunter (p 28)
• California DOC Whistleblower Promoted to Head of Audit/Compliance Department (p 29)
• Burgeoning Immigration Detainee Population Stresses ICE by Matthew Clarke (p 30)
• Failure to Treat Immigrant Detainee’s Fatal Penile Cancer Ruled “Beyond Cruel” by John Dannenberg (p 32)
• Massive Beef Recall Reaches California Prisons (p 33)
• Virginia Felons Notified of Possible Exculpatory DNA Evidence – Eventually by Gary Hunter (p 34)
• Settlement Agreement Reached in Overcrowding Claim Against Florida Jail (p 35)
• Former Immigration Detainee Awarded $100,001 Against CSC/Esmor, Plus $137,808 in Attorney’s Fees and Expenses (p 36)
• Physical, Mental and Substance Abuse Problems Fuel Recidivism (p 36)
• Too Many Prisoners, Not Enough Guards Cause Crisis in Texas by Gary Hunter (p 38)
• Minnesota Sheriff Profited from Jail Breakfast Scam (p 39)
• Sixth Circuit Upholds Dismissal of Challenge to Ohio Parole System by Matthew Clarke (p 39)
• $250,500 Verdict for False Imprisonment at Florida Jail (p 40)
• Prison Legal News Attends CCA Shareholder Meeting by Alex Friedmann (p 40)
• New York Prisoner Awarded $21,500 for Finger Injury (p 41)
• News in Brief: (p 42)
• $200,000 Settlement in Wyoming Prisoner’s Suicide Death (p 44)

August

• No Federal Claim for Failing to Warn Prisoner of Tobacco Risks
• BOP Must Grant Juveniles Time Served Credits
• Black Prisoner Jailed With Violent White Supremacist: $40,000 Settlement
• County Prosecutor, Juvenile Court Manager's E-mails Ordered Disclosed Regarding Court's Dissolution
• OH PRA Requires Prisoners to Obtain Court Order Finding that Requested Records are Necessary to Support Valid Claim
• Washington Civil Commitment Injunction Reaffirmed; No Appellate Jurisdiction to Review Contempt Sanctions
• Claims by Beaten Indiana Jail Prisoner Upheld; Guard’s Indemnification Claim Denied
• California Cops' Internal Affairs Investigation Records Exempt from Disclosure under State PRA
• Colorado Coroner Entitled to Ambulance Reports
• Oregon DOC Food Manager Takes Over $1 Million in Bribes, Feeds Prisoners “Distressed” Food by Mark Wilson (p 1)
• Florida Judge Removed from Bench
• Colorado AG Advises Against Felons Microfilming Department of Revenue Tax Records
• Minnesota Commissioner Says "Mug Shots" Are Public Records
• Citizenship Not Required for Damages Award
• Firing of Work Release Intern for TV Interview Upheld
• Felony Conviction Prevents Public Records Request by Tennessee Prisoner; Reversed by Tenn. Supreme Court Ruling
• $185,000 Settlement In Ohio Deceased's Estate For Racial Discrimination And Retaliatory Termination
• New York Court Orders Parole Board to Decide Murderer’s Parole Based Solely on Recent Prison Record; Reversed on Appeal
• Failure to Investigate Police Misconduct Establishes Municipal Liability
• Florida DCF Responsible for Transportation of Mental Patients Committed Under Fla. Stat. § 393.11, et seq.
• California Habeas Corpus Grant that Excluded “Show Cause Order” Reversed for Procedural Inadequacy
• Federal Work Release Statute Creates No Liberty Interest
• Ninth Circuit Explains Limitations on Police Beating, Prosecution Claims
• Police Department Acceptance of Service for Cop Upheld
• California Jury Instruction in Sexually Violent Predator Trial Affirmed
• ADA Valid Exercise of Congressional Authority
• Federal Courts Lack Authority to Expunge Valid Convictions
• California Rehabilitation Facilities Not Responsible for Escaped Residents’ Criminal Actions
• $50,000 Settlement for Klickitat County Deputy's Evidence Tampering to Obtain Arrest
• New York Prisoner’s Prior Convictions for Sex Offenses Sufficient for Level 3 Classification
• New Mexico AG Comments on Disclosability of Prisoners' Penitentiary Files
• Kentucky County Settles Loss of Consortium Suit for Undisclosed Amount
• MA Prison Conditions Might Amount to Cruel and Unusual Punishment
• Louisiana Sheriff Immune When Litter-Crew Prisoners Injured
• New Jersey DNA Act Constitutional
• $215,000 Settlement in Maryland False Arrest Case
• New York Sex Offender's Request for Reduced Dangerousness Level Denied
• Kentucky Jail Guards Win $872,000 in Discrimination, Retaliation Suit After Appellate Remand
• Artwork Sold on City Grounds Protected by First Amendment; No Permit Required
• Washington SVP Statutory Amendments re Re-Commitment Hearings Not Retroactive
• Kansas Prison Double Bunking Approved if ACA Standards Met
• MI Prisoner’s Estate’s Wrongful Death Suit Dismissed Because He Caused His Own Death by Swallowing Illegal Drugs
• Immigrant Fugitives Precluded from Appealing Immigration Judge's Decision by Fugitive Disentitlement Doctrine
• MN Work-Release Prisoner Entitled to Unemployment Benefits After Being Fired for Missing Work
• MI Prisoner’s FOIA Suit Dismissed for Lack of Injury by Delay
• Minnesota Police Brutality Suit Settles for $110,000
• Drug Reaction Suit Dismissed for Lack of Causation
• Clemency Challenge Must be Under Habeas
• Plaintiff Barred “For Life” from Filing Lawsuits Without Court Permission
• Protective Custody Injunction Available Remedy Absent Injury
• $45,000 Damage Award to Traveler Detained in San Francisco Airport
• Rule Banning Litigation “Threats” May be Unconstitutional
• Washington Community Corrections Officer’s Pay Reduction for Failure to Perform Duties
• Applications for North Carolina County Positions Not Subject to Public Records Act
• Arizona Prisoner Wins $10,000 for Sexual Battery by Nurse
• Washington Prisoner Gets nearly $10,000 for Work Detail Injury
• Alabama Prisoner Wins $100 in Excessive Force Suit
• Absent Improper Conduct Finding, Washington Employee Cannot be Forced to Write Apology Letter
• Washington Jail Prisoner Commits Suicide; Estate Wins $7,700
• Alabama Lawyer Wins $10,000 in Defamation Suit Against Prisoner Rights Radio Host
• Washington Prisoner Gets $1,750 for Damages to Car
• California Requires Disclosure of Transcript of Cop's Disciplinary Hearing
• Alaska PRA Requires Disclosure of Annexation Records
• Alaska PRA Requires Disclosure of Settlement Agreement
• Alaska Cops' Personnel Files not Confidential
• Arizona Prisoner Wins $100,000 for Neglected Dental Needs
• $395,000 Settlement For Excessive Tasing Death By California Police
• California Prison Gang Information Ruled Confidential
• Author Jack Abbott’s Snitching Cannot Prevent Transfer
• CA Man Wrongly Jailed Wins $90,000 in Civil Rights Action
• Challenge to BOP Writer Byline Rule “As Applied” Dismissed
• California Sheriffs Entitled to Sovereign Immunity
• California PRA Requires Disclosure of the Names of Cops Who Shot Civilian
• California PRA Doesn't Require Disclosure of Cops' Personnel Files
• California Cop's Termination Papers Exempt from Disclosure under State PRA
• Brain Damage, Blindness from California Prison Shooting Nets $2 Million Settlement
• West Virginia Police Internal Affairs Investigation Reports are Conditionally Discoverable in Civil Actions
• Wyoming Criminal History Records May Only Be Disseminated to Law Enforcement Agencies for Investigatory Purposes
• Illinois State Prison Guard's Release From DOC For Perjury Regarding Prisoner Beatings Affirmed
• No Due Process Required for Nutraloaf or Plexiglas Cell Placement
• Eleventh Circuit Discusses Contempt Fines for Violation of Consent Decree
• Grant of Out-of-Time Appeal in Texas Allows Filing of Motion for New Trial
• Grant of Out-of-Time Appeal in Texas Allows Filing of Motion for New Trial
• Court Orders Trial on Challenge to BOP’s Byline/Reporter Prohibition
• Discovery of AIDS Doesn't Render Sentence Cruel And Unusual
• Delaware Public Defender Has No Standing Under State FOIA
• Delaware FOIA Prohibits Disclosure of Records to Prisoner
• Delaware Newspaper Entitled to Police Info, Fees
• Court Orders Discovery of D.C. Cop’s Personnel Files
• Nebraska Prisoner's Medical, Mental Suffering Resulting from Segregation Does Not Support Eighth Amendment Violation
• Hearing on Newly Discovered Evidence Denied; Florida Prisoner's Death Sentence for Prison Escape Killing Stands
• $800,000 Awarded to Former California Guard for Racial Discrimination
• Washington State's Duty to Defend Officials Depends on Their Conduct
• Improper Jury Instruction Vacates Four Aggravated Rape Charges Against Oklahoma Sheriff
• Paralegal Services Reimbursed at Market Rate Under Federal EAJA
• KY Lethal Injection Not Unconstitutional; Upheld by U.S. Supreme Court
• Outside Spiritual Leaders Must be Allowed Access to Prisoners
• PA Prisoner’s Civil Rights Action Viable Because Factual Dispute Exists
• Excessive Force Kansas Juvenile Death Case Settled for $185,000
• Ninth Circuit Faults Mootness Dismissal, Denial of Counsel
• New Hampshire DOC Union Representative Ordered to Reveal Client Admissions
• N.Y. Injured Prisoner Held Partially Liable For Facility's Inadequate Equipment And Supervision
• Second-Degree Escape Considered Violent for ACCA Sentence Enhancement Purposes
• Denver Police Department's Blanket Denial of Investigative Records Ruled Abuse of Discretion
• Forcing WV Prisoner to Wear Jail Garb At Sentencing Violates Due Process Clauses
• Oregon Prison Disciplinary Fines Upheld
• Ohio City Settles Suit Over Police Cover-Up in Murder Investigation for $1.5 Million
• $65,000 Paid to Ohio Anti-War Protesters in False Arrest Settlement
• Indiana Public Strip Search Held Unconstitutional
• Illinois Police Misconduct Investigative Documents Ordered Disclosed
• CHP's Liability for Excessive Force May Depend on Plaintiff's Immigration Status
• TDCJ Policy for Female Guards Strip Searching Male Prisoners Judicially Monitored
• Statute of Limitations May Toll While Prisoner Exhausts Administrative Remedies
• Ohio Guards Win $475,000 in Sex Discrimination Suit
• ID Prisoner's State Habeas Action Properly Dismissed Without Appointing Counsel
• Job Reallocation of Washington DOC Employee Deemed Age Neutral
• 9th Circuit Reverses Non-exhaustion Dismissal Due to Unavailable Forms
• New York Law Allows Women to Bare Breasts; False Arrest Claim Settled for $29,000
• CA Teacher Wrongly Arrested for Sexual Misconduct; Wins Nearly $4.5 Million
• Fall From Top Bunk During Seizure Nets $1,350,000
• Escape From Jail or Prison Categorically Constitutes Crime of Violence
• OH Mental Health Service Not Subject to Public Records Act
• Tenth Circuit Upholds DNA Testing
• Colorado Community Corrections Confinees Eligible for Workers' Compensation
• Federal Prisoner Facing Deportation Has No Right to Rehabilitative Programs
• Federal Prisoner's Bivens Action Claiming Civil Rights Violations During Arrest and Prosecution Reinstated
• Ninth Circuit: Retroactive Blakely Relief Unavailable on Habeas Corpus, Only on Timely Certiorari
• Federal Prisoner's Multiple Dismissals for Failure to Prosecute / Respond Not Strikes under PLRA
• Prison Tuberculosis Cases Far Exceed Non-Prison Cases
• Arkansas Chief Probation Officer's Termination Suit Settles for $32,500
• PRISON IS A CENTRAL FEATURE OF PALESTINIAN LIFE
• U.S. Prison Population Tops 2.1 Million
• 1992 Order to Change Georgia Jail Conditions Lifted Under PLRA
• Federal Court Rules RFRA Applies to Guantanamo
• BOP Employees on Active Military Leave Not Entitled to Statutorily Mandated Benefits
• Fifth Circuit Upholds Convictions of Three INS Officers
• Tennessee DA Ordered to Produce Requested Documents to Prisoner Absent Statutory Exemption
• PLN Loses Final Round in FDOC Writer Pay Ban / Censorship Suit
• Federal Escape Statute of Limitations Not Triggered Until Return to Custody
• $390,000 Settlement in Unlawful Arrest Warrant
• State Carries Burden of Justifying Nondisclosure of Documents Requested by Tenn. Felons
• Unlawful Maryland Strip Search Suit Settles for $285,000
• N.Y. Guard's Informing Prisoner's Wife of Another Woman's Visit Ruled Unintentional, Harmless
• Capitalism and Incarceration Revisited by Richard D. Vogel
• Federal Sex Offender Must Register in New York
• N.Y. Protest Rally Arrest Documents Ordered Disclosed Despite Protective Order
• Federal Forfeiture Law Application Reversed
• $1 Million Settlement After Florida Teen's Shooting Death by Police
• California Doesn’t Require Parole Board to Disclose Letters from Those Interested in Parole Applications
• Federal Prisoner’s 28 U.S.C. § 2255 Action for Ineffective Assistance of Counsel Denied
• $365,000 Awarded After Excessive Force by Minnesota Troopers
• Texas Supreme Court Upholds Sex Offender Civil Commitment Statute
• New York Prison System Phone Kickbacks Upheld; Reversed by Court of Appeals
• North Dakota DOC's "No-Passing" and "Publisher Only" Rules Upheld
• Attorney Fees Recoverable in Privacy Act Cases With No Actual Damages
• Arkansas Trooper Mistakes Mentally Disabled Man for Fugitive and Kills Him; Deceased's Family Paid $1 Million
• Statutory Disclosure Intent Enforced, Texas Mental Health Department Abuse Incidents Ordered Disclosed
• Alaska PRA Requires Disclosure of Fiscal Report and Employee Performance Evaluation
• California Court's Award of Attorney Fees to Sheriff's Deputies Investigated for Raping Prisoners Upheld
• Dismissal of Colorado Transsexual Suit Reversed
• California Sex Offender Registration not Constructive Custody for Habeas Purposes
• Washington PSIR Statements Absent Counsel Used in Appeal Warrant New Trial
• Massachusetts Family Awarded $600,000 for Police Harassment and City's Negligence
• AEDPA One Year Time Limitation Applies to Denial of Parole Habeas Petition
• AEDPA One Year Time Limitation Applies to Denial of Parole Habeas Petition
• Eighth Circuit: Administrator of Prisoner's Estate May Not Sue Pro Se
• Catalyst Theory Doesn’t Apply to EAJA
• Illinois Police Brutality Suit Settles for $180,000
• DNA Collection Statute’s Retroactive Application to Violate Federal Prisoner’s Parole Upheld
• Documents Withholding by Texas Guards Fails to State Claim; Suit Dismissed as Frivolous
• Texas Prisoners Not Entitled to Request Documents While Incarcerated
• California Prisoner's Small Claims Judgment not Appealable
• California Prisoner Wrongly Jailed for 14 Years Denied Compensation
• New York Prisoner's Crime and Sentence Prevents Family Reunion Program Participation
• Alabama Prisoner’s Estate Loses Product Liability Suit
• Federal Court Restricts Constitutional Liberties as Condition of Release
• Sovereign Immunity Bars FTCA Property Claims; S.Ct. Vacates Second Circuit Ruling
• Federal Prison Guard's Drug Smuggling and Sexual Activities Warrant 46 Month Sentence
• 150 Days in Segregation for Civil Detainee Upheld by Eighth Circuit
• Challenge to Missouri Lethal Injection Protocol Remanded for Discovery
• Parole Denied After 33 Years Based on California Prisoner's Original Crimes
• Eighth Circuit Upholds Arkansas Sex Offender Registration/Residency Restrictions by Matthew Clarke
• CA DOC Must Arbitrate Grievances with Guards
• Disciplinary Rule Description Rather than Title Controls
• Delaware Attorney General Has No Duty to Initiate Enforcement Proceedings of State Public Record Law
• Prosecutorial Misconduct Claims Properly Brought as Post-Conviction Motion if Timely
• Jail Phone Wiretapping Exempt from California Invasion of Privacy Act, FCA
• Stay Pending Qualified Immunity Interlocutory Appeal Rejected in Arizona Prisoner Death Suit
• TDCJ Denied Qualified Immunity in Employee's Unconstitutional Termination Suit
• Colorado Appellate Court Condones Forcing Indigent Prisoners' Exposure to West Nile Virus
• South Dakota Statutory Provisions, Immunity Preclude Prisoners' Alleged Unauthorized Sanction Claims
• Evidence in Arizona Fatal Prisoner Abuse Suit Tailored in In Limine Ruling
• IL Prisoner Refuses to Pursue Futile Grievance Procedure, Still Satisfies Exhaustion Requirement
• $1 Million Awarded to Innocent Victim of Police Dog Attack
• Ex Washington DOC Guard's $101,000 Jury Award for Termination Reversed Due to Insufficient Evidence
• IL Prisoner’s Appeal of Prison Disciplinary Proceeding Dismissed as Unbelievable
• Indiana Bank Not Liable for BOP Restrictions Placed on Federal Prisoner's Account
• Job Reallocation of Washington DOC Employee Deemed Age Neutral
• Out of Court Statements Refuting Testimony, Not Proclaiming Guilt or Innocence, Admissible
• Justification Required for Denial Under Tennessee Public Records Act
• Illinois Seizes Prisoner’s Life Insurance Inheritance
• Probable Cause Not Required for Bureau of Prisons to Indefinitely Suspend Employees
• Collecting Reasonable Fees from Kansas Prisoners for Government Reimbursement Not Unconstitutional
• Washington State Prisoner Gets Life for Fight Resulting in Broken Nose
• Damages Awarded to Two New Mexico Jr. High Students After Excessive Strip Search
• Judicial Evaluation Required Before Granting Ohio Felons’ Records Requests
• Delaware Sex Offender Acquitted on School Loitering Conviction; Probation Violation Upheld
• Federal Prison Guard Suspended Indefinitely for Active Duty Assault in Iraq
• Tenth Circuit Upholds Colorado DOC's Confiscation of Books, Legal Documents
• New York Prisoner Required to Participate in Drug Treatment Despite His Conviction Being for Murder
• Guard Aided Escape Results in Murder, Rape and Texas Federal Prisoner's Death Sentence
• Wisconsin Pretrial Detainee's Free Speech Complaint Proceeds Over Denial of Books
• Peruvian National’s Extradition Ordered for Killing Innocent Children, Civilians
• Probable Cause Not Required for Bureau of Prisons to Indefinitely Suspend Employees
• Habeas Release Granted to Immigration Detainee After 3 Year Wait for Removal Proceedings
• Florida Judge Removed from Bench
• Prison Beating Claim Subject to Exhaustion
• Ninth Circuit Discusses Anonymous Party Requirements
• Federal Employees Cannot Be Subpoenaed for Private Litigation
• Sixth Circuit Upholds $385,000 Contempt Sanction Against Michigan DOC
• Ban on EFUs and Artificial Insemination for CA Lifers Upheld
• PLRA Three Strikes Law Constitutional
• Immigration Detainee Loses Failure to Protect Suit
• BOP Policy Denying Hormone Therapy to Transsexual Challenged
• BOP Good Time Rule Upheld by Fourth Circuit
• No Right to “Blue Wall of Silence” for Disciplined Cop
• Okay for Prosecutor to Ask Defendant’s Daughter to Elicit Confession
• Jail Not Liable for Prisoner’s Rape by Cellmate
• Right to Consult, Hire Counsel Well Established and Constitutionally Protected
• Parole Revocation Invalidated Due to Multilayered Hearsay Testimony
• Courts Can Approve Settlement Orders Sealing Case Files
• Limited Discovery Allowed in Prisoner Assault Claim to Show Supervisory Liability
• Challenge to Out of State Transfer Can Be Filed As Habeas
• Prisoner With AIDS Not Entitled to Snack of Choice
• Delaware DOC Not Liable for Rape, Impregnation of Prisoner by Guard
• Criminal Conviction Doesn’t Bar Search Warrant Suit
• Fifth Circuit: Suit Cannot be Dismissed for Following Form’s Instructions; Allegations of Retroactive Negative Changes in Texas Parole Law States Claim by Matthew Clarke
• Factual Allegations Sufficient for Nutritional and Retaliation Claims to Proceed
• PLRA Applies to Immigration Detainee’s Conditions Suit
• Exclusion of Prisoners from Virginia FOIA Upheld
• Second Circuit Finds Personal Involvement, Reverses Dismissal of Bivens Claim
• Jury Must Determine Whether Prisoner’s Failure to Exhaust Administrative Remedies was Based on Threats / Retaliation
• “Discretionary Function Immunity” Inapplicable to Alaska PO Duties
• Remote Sex Conviction Cannot Support Sex Offender Treatment Condition
• Fifth Circuit: Suit Cannot be Dismissed for Following Form’s Instructions; Allegations of Retroactive Negative Changes in Texas Parole Law States Claim
• Failure to Timely Provide Methadone Results in Death, Defeats Summary Judgment
• California Sex Offender Parolee’s Computer Restrictions Valid Where Computer Use was Related to Past Crimes
• Hawaii State Officials Granted Immunity In Prisoner Beating
• District Of Columbia Class Action Reinstated For Excessive Copying Fees
• Salinas (California) Police Harassment, False Arrest Suit Settles For $90,000
• California Public Interest In Peace Officers' Identity And Activities, Outweigh Statutory Exemption
• Police Chief Subject to Discovery in Killing by Cop
• Michigan State Treasurer Seizes 90 Percent Of Prisoner's Suit Proceeds
• San Leandro (California) Police Taser, Choke Man To Death; $395K Settlement
• Washington Court Allows Ex Parte Communication With Litigant's Non Party Employees
• $100,000 Awarded Daughter Of Man Negligently Killed By Nashville Police
• Arkansas State Agency Prepared Taxpayer Documents Ordered Disclosed
• $1.5 Million Awarded Female Washington Attorneys For Workplace Abuse By Prosecutor
• Inadequate Washington State Jury Instruction Regarding Reasonable Doubt Ruled Harmless Error
• Drug Tampering Conviction Bars BOP Good Time Award
• No Liability for Prison Killing by Mass Murderer
• Washington State Patrol Exceeded Authority Impounding Vehicles For Suspended Drivers License
• Production Denial Of California Investigative Jailhouse Informant Misuse Documents Ordered Reviewed
• Illinois Jail Detainee's Death Related Medical Documents Ordered Disclosed
• Colorado County Sheriff, Jail Nurse Liable For Detainee's Leg Amputation, Illness
• Dispute Over Bringing Suit Doesn’t Bar Class Certification
• Losing Brutality Suit in State Court Bars Federal Claim
• D.C. Circuit Reverses Res Judicata Dismissal; Failure to Treat HCV Constitutes “Imminent Danger”
• U.S. Court Of Claims Lacks Jurisdiction Over Eighth Amendment Based Tort
• Wisconsin Prison Publication Ban Policy Disregards First Amendment Right To Newspaper Access
• $2.5 Million Settlement For Private Prison Construction Cancellation
• Court Rejects Disciplinary Habeas on Merits, Despite Time Bar
• Suit Over Mental Patient’s Murder Dismissed
• $1.2 Million Settlement For Childrens' Death During D.C. Police Chase
• Texas Attorney To Repay $200,000 He Stole From Imprisoned Father
• California Indian Prisoners Ordered To Practice Religion At Own Expense
• CCA Denied Over $2 Million In Tax Deductions
• No Constitutional Right To Watch T.V. In California Jail
• Police Harassment Upheld
• San Diego Sheriff’s Employee Terminated for Marrying A Felon
• Maine Ambulance Service Ordered To Respond To Reduced Rate Prison Calls
• Connecticut Police Brutality Suit Settles For $44,000
• $3 in Damages, $1,920 in Costs Awarded to Stabbed, Disabled Prisoner
• Okay for Sheriff to Fire Political Candidate
• Parole Denial for Lack of Sex Offender Treatment Upheld
• Class Certification Denied in Suit by Disabled NM Children Prisoners
• Voluntary Dismissals Subject to PLRA
• Retaliatory Discipline Suit Dismissed
• No Liberty Interest in DC Prisoners Transfer to BOP
• Some Sexual Harassment of Prisoners Constitutional
• Class Action Suits for Damages and Injunctions Discussed
• Fifth Circuit Misstates Retaliation Standard
• Informant’s Identity Not Disclosed in Disciplinary Hearing
• State Consent Decree Valid Despite Governor’s Objection
• Disabled Washington Jail Guard’s Suit Dismissed
• Suit Challenging Massachusetts Parole Procedures Dismissed
• Fired Whistleblowing Rec Staff Allowed to Amend Complaint
• Jail Guards Get Qualified Immunity for Beating, Pepper Spraying Prisoner Who Commits Suicide
• Injunction Over Towing, Sale of Cars Without Notice to Owners Reversed
• Kansas DOC Restrictions on Thelema Religion Upheld
• Supreme Court Denies Mandatory Settlement Class Certification
• Failure to Protect Suit Dismissed
• Prison Doctor Lacks Standing to Challenge BOP Policy Denying Medical Care
• No FOIA Disclosure of Marshals’ Names
• Qualified Immunity for NY Prison Officials Over Stabbing
• Prosecutor Immune from Suit Where Charges Dropped on Appeal
• City Liable for Retaliation Against Cop Whistleblower and Code of Silence
• Class Certified in Conditions Suit at SD Juvenile Prison
• BOP Prisoner States FTCA Claim for Carbon Monoxide Poisoning Stemming from Burning Prison
• No Class Certification Required Where Medicaid Rule Struck Down
• Mistake in Naming Correct Parties Justifies Relation Back Amendment
• Psychiatrists Who Okay Homicidal Cops Return to Duty Not Entitled to Qualified Immunity
• Denial of AIDS Medication, Food to Texas Jail Prisoner Upheld
• Handcuffing Prisoner for Seven Hours in Cell May be Unconstitutional
• Court Cannot Reduce Federal Prison Sentence Due to Illness
• No Federal Right to Safe Workplace for Jail Guards
• Venue Proper Where Claim Arose
• Denial of Social Security for Prisoners Upheld
• Lack of Funding No Defense for Bad Prison Conditions
• Kansas Sex Offender Treatment Program Violates Fifth Amendment
• No Right to Have Evidence Preserved or Wrongdoers Prosecuted
• No Sanctions for Meritless Motion to Strike
• Appeal Bond Requirement Upheld
• ADA Withstands 11th Amendment Challenge
• Non Payment of Filing Fees Can Justify Ban on New Litigation
• Beating Claims Must Be Exhausted
• New Trial Ordered in NY False Arrest and Beating Suit
• State Officials Not Liable for Heat Stroke Death of 12 Year Old Boy
• All Plaintiffs Must Sign Motion to Amend Complaint
• PLRA Failure to State Claim Dismissals Reviewed De Novo
• Deported Plaintiff Can Be Deposed Telephonically, Dismissal Denied
• Holding Prisoner 57 Days Without Judicial Appearance Unconstitutional
• Youth Services International Not Liable for Child’s Rape by Cellmate
• Post Monitoring Fees Allowed in Institutional Reform Suits
• Supervisory Officials Liable for Denial of Religious Services
• Jail Liable for Rape of Women Prisoners; Short Duration of Bad Conditions Okay
• Second Circuit Discusses 26 Year History of Arrestee Property Right Violations
• No Liberty Interest in New Jersey Work Release
• Prison Strip and Pat Searches Upheld
• BOP Exclusion of Prisoners from Drug Treatment Overbroad
• Parolee Subject to Prison Rules Prior to Release
• Administrative Exhaustion Required in Suits for Damages
• Sandin Inapplicable to Pretrial Detainees
• BOP Suit Dismissed for Non Exhaustion
• Slapping Prisoner on Face Okay
• IDEA is Constitutional
• Denial of Visiting Between Prisoner, Ex Prisoner Upheld
• Retaliation for Frivolous Litigation Okay
• Attorney Fees Denied in NY Police Beating Suit, De Minimis Victory
• NY Child Protection Suit Settled for Expert Evaluation, No Injunction
• Retaliation Against Chaplain for Trying to Educate Prisoner Upheld
• Exclusion of Prisoners With Immigration Detainees from BOP Drug Treatment Program Upheld
• Skeletal Disease Suit Dismissed
• Transfer, Dismissal of Suit as Sanction Upheld
• Second Circuit Discusses Qualified Immunity Analysis
• Dismissal of Suit With Prejudice But No Costs Upheld
• Beating, Pepper Spraying of Prisoners on Bus Ride Upheld
• Resisting Arrest Conviction Does not Bar Beating Suit
• Refusal of TB Test on Religious Grounds Discussed
• Claim Exhausted When Prison Rules in Favor of Prisoner
• BOP Ordered to Reinstate Good Time Reduction Despite Weapons Enhancement
• Court Access Rights Discussed
• No ADA Violation for Denying Deaf Arrestee Sign Language Interpreter
• Deposition Objections Discussed
• Prison System Commissioner Not Liable For Out of State Transfer
• ADA Requires Employees Exhaust Claims Prior to Filing Suit
• No Sexual Assault Claim Based on Abusive Metal Detector Search
• Disabilities Subject to Correction Not Protected by ADA
• Dismissal of Doe Defendants Required if Named Defendants Dismissed
• Class Representative’s Settlement Requires Court Scrutiny
• IFRP Not an Improper Delegation of Judicial Authority to BOP
• Obesity Upheld as Classification Criteria
• Hebrew Israelite Prisoner Fails to Show Medallion is Religious
• Fee Award Against Frivolous Prisoner Litigant Reduced
• ADA Does Not Allow Individual Liability
• Florida Prisoners Have No Right to “Free” Public Records
• Fifth Circuit Discusses Class Certification Requirements
• Local and State Legislators Entitled to Immunity
• Ninth Circuit Upholds BOP IFRP Program
• Outside Clergy Requirement for Ramadan Services Upheld
• Challenge to Nebraska Work Release Fees Dismissed
• New York Does DOCs Double Celling Suit Dismissed
• PLRA Filing Fees Assessed on Dismissed Appeals
• PHS Not Liable in Kansas Wheelchair Collapse
• Failure to State Claim Dismissal Reviewed De Novo
• Maine Jail Not Liable for Strip Search Policy
• Drilling Teeth Without Anesthesia and Denial of Lower Bunk Upheld
• Miami Cops Beat, Drag Six Year Old Child
• Class of Plaintiffs and Defendants Certified in Mental Health Suit
• Consent Decree Not Final Judgment for Appeal
• PLRA “Three Strikes” Rule Not Ex Post Facto
• Grabbing Prisoner’s Buttocks Not Sexual Assault
• No One Liable for Denial of Medical Care to Houston Jail Asthmatic
• No Extension for Late Discovery Requests, Case Dismissed
• City Liable for Police Beating; Prior Settlements Admissible to Prove Policy
• Firing of Abusive Texas Prison Guards Upheld
• Denial of HIV Medications Claim Dismissed for Failure to Exhaust
• Denial of Cooking Class Attendance for Refusing HIV Test Upheld
• $271,000 in Awards Stemming From FBI Harassment Arrest
• NY Good Time Deprivation Challenge Must be Under Habeas
• Disabled Kansas Prisoners Forced Labor Claim Dismissed
• Seattle Police Settle World Trade Organization Protest Wrongful Arrest Suit for $1,000,000
• ID AG States Disclosure Exemptions for Active Investigatory Records
• Washington DOC Settles Failure to Supervise Parolee Suit for $975,000
• Washington DOC Settles Failure to Supervise Parolee Suit for $975,000
• Washington Guard’s Demotion for Creating Hostile Work Environment Warranted
• ADA Upheld by Fifth Circuit
• Don’t Want Out of Prison? Send Threatening Letters
• Mentally Ill Crowd Colorado Prisons by G.A. Bowers
• District Judge Orders Measures To Ease New Jersey Jail Overcrowding
• Washington Prison Employees Show of Favoritism Towards Prisoners Merits Dismissal
• Virginia Police Department Record of Criminal Case Disposition Not Subject to Public Record Request
• Loss of Disciplinary Witness Testimony Okay
• From the Editor by Paul Wright (p 10)
• C O R R E C T I O N (p 10)
• Los Angeles County Pays $40,000 Damages to Assaulted Prisoner Informant Witness (p 10)
• Deal to Reconsider 1,000 Paroles Scotched When New York Governor Capitulates Over Cop Killer’s Case by John Dannenberg (p 11)
• Phoenix New Times Executives Arrested for Reporting About Sheriff Joe Arpaio by Matthew T. Clarke (p 12)
• Mississippi Jail Prisoner Wins $3,000,000 in Failure to Protect Suit (p 13)
• Oklahoma Pays $844,000 for Comprehensive Performance Audit of DOC by Matthew Clarke (p 14)
• $300,000 Settlement in Murder of College Student by Released Sexual Predator (p 15)
• Human Rights Watch Report: Most Sex Offender Laws Misguided and Ineffective by Matthew Clarke (p 16)
• More Prisoners Murdered in Texas Federal Prisons by Gary Hunter (p 17)
• Illinois Prisoners Win $8 Million for Failure to Treat Hep C (p 18)
• Fifth Circuit: Federal Prisoner Loses Retaliation Suit but U.S. Attorney Sanctioned by John Dannenberg (p 18)
• Over $6 Million Awarded in Oakland, California Parolee’s False Arrest Suit by John Dannenberg (p 19)
• Washington Inter-Prison Property-Shipping-Fee Class Action Suit Settles For $1,262,500 by John Dannenberg (p 20)
• Unlocking America, Why and How to Reduce America’s Prison Population, The JFA Institute, November 2007, 32 pp. by John Dannenberg (p 21)
• Former North Carolina Lawmaker’s Son Submits Highest Bid, Gets Prison Contract by David Reutter (p 22)
• Complaint Against Utah DOC for Non-Delivery of PLN Fails Because Defendants Only Negligent; Jail Publication Ban Illegal by John Dannenberg (p 22)
• Maryland Juvenile Justice Official Resigns Over Past Abuse Allegations by David Reutter (p 24)
• Pennsylvania Prison Medical Firm’s Performance Called into Question (p 24)
• $64,900 Award in Arkansas Excessive Force Claim; Warden Held Not Liable by David Reutter (p 25)
• National Council of Juvenile and Family Court Judges to Pay for Grant Fraud (p 26)
• Floor-Sleeping at Los Angeles County Jail Ruled Unconstitutional by John Dannenberg (p 26)
• Eighth Circuit: Iowa Prisoner’s Denial-Of-Court-Access Ruling Reversed (p 27)
• Court Orders Attorney General to Allow Law Students Access to Political Prisoners at Federal Supermax by Brandon Sample (p 28)
• Mentally Ill Woman Sues Over Seg-Cell Sex; County Settles for $40,000 (p 28)
• Alabama Felon Disenfranchisement Limited (p 30)
• Three Suicide Suits At Sacramento, California Jail Settled For $1,000,000 (p 30)
• Muslim Virginia Prisoner Entitled to 2,200 Calories During Ramadan (p 31)
• Authorities Listen in on Attorney-Client Calls at Jails in FL, CA and TX by David Reutter (p 32)
• Ohio DNA Specimen Law Ruled Not Retroactive (p 32)
• Illinois Man Falsely Arrested in Attempted Child Abduction Awarded $2 Million (p 33)
• Exonerated Montana Prisoner Sues State, Receives $3.5 Million (p 34)
• Court Clerk Fired for Relationship with Prisoner; Bar Complaint Against Federal Prosecutor Exposed Relationship (p 34)
• United Kingdom Creates Foreigner Only Prisons by David Reutter (p 35)
• CMS Found Liable for Inadequate Hep C Medical Care of Delaware Prisoner (p 36)
• Vermont DOC Settles Religious Practice Denial Suit For $25,000 (p 36)
• New York Man Wins $640,000 for Unjust Incarceration (p 37)
• Fifth Circuit: Texas Prisoners Cannot be Disciplined for Trust Fund Deposits Initiated by Others by Matthew Clarke (p 38)
• Whistle-blowing California Sheriff’s Deputy Settles Retaliation Suit For $150,000 by John Dannenberg (p 38)
• “Special Circumstances” Justify Non-Exhaustion in Second Circuit (p 39)
• Retaliation Claim Not Barred by Heck (p 40)
• Informant/Hit Man In 20 Murders Released After 12 Years; Paid $20,000 by John Dannenberg (p 40)
• “Defense of Another” Not Applicable to Prison Disciplinary Defense (p 41)
• Prisoners on Prison Education: Your Knowledge, Experience and Views Are Sought by the Special Rapporteur on Education (p 42)
• News in Brief: (p 42)
• Spokane Jail Prisoner Murdered in Cell, County Settles Lawsuit for $180,000 (p 44)

July

• Utah High School Discrimination Survey Results Ordered Disclosed
• Arizona Jail Detainees' Offense Report's Disclosure Statutorily Mandated
• Proceedings Ordered After Colorado DOC Ignored Information Request From Segregated Prisoner
• Colorado Courts Have No Statutory Duty To Alter Records For Inspection in Electronic Format
• $100,000 Settlement For Airline Employee's Retaliatory Arrest By California Sheriff's Deputy
• Arizona Prisoners' Records Requests Statutorily Denied; No Constitutional Right To Work Furlough
• Disclosure Of Arizona Investigative Reports Involved In Active Litigation Statutorily Denied
• Off Duty Conduct of Sexual Comments to Co-Worker Warrants Discipline, but not Termination
• New Mexico Detention Center Closed for Constitutional Violations
• NY Prisoner’s Appeal of Prison Disciplinary Action on Grounds of Mental Illness Shot Down
• Nevada Police Report Must Be Disclosed to Public
• Montana Public Defender's Deposition Subject to Public Scrutiny
• Nevada Railway Project Documents Exempt from Disclosure
• Nevada Board of Commissioners' Phone Records Subject to Disclosure under State PRA
• New Hampshire Prisoner May Use Non-Mutual Offensive Collateral Estoppel
• North Carolina Guard Settles Failure-to-Promote Suit for Over $155,000
• New York Court’s Probation-Due-to-AIDS Compassionate Sentence Reversed
• New York Parolee Can Be Subject to Living/Contact Special Condition
• Nurses Use of Prisoner Medical Information for Personal Reasons Merits Salary Reduction
• NY Prisoner’s Disciplinary Charges Dismissed Because of His Mental Illness
• Colorado Coroner Entitled To Ambulatory Records For Requisite Autopsy Report
• Signed Policy, Compelling Interest Permits Colorado County Employee’s Sexually Explicit Email's Disclosure
• Virgin Islands Prison Ordered Revamped After Ignoring Court's Warnings
• Deaf California Man Awarded $100,000 for False Arrest/Detention
• Washington Civil Commitment Injunction Reaffirmed; No Appellate Jurisdiction to Review Contempt Sanctions
• Massachusetts Correctional Institution's BX Unit Ruled Inhumane
• Former Arizona County Manager's Personal Emails Not Subject To Disclosure
• West Virginia Police Report of Fight Between Juveniles is a Disclosable Public Record Under State FOIA
• West Virginia Prisoners Can’t use State FOIA for Discovery in State Habeas Actions
• South Carolina Prisoners' Furlough Eligibility Prior To 1993 Amendment Grand-fathered
• $40,000 Awarded Four Texas Probation Department Employees In Sexual Harassment Suit,
• Post-Trial Litigation Fees Awarded Michigan Prisoner After Guard-Ordered Attack
• Washington Civilly Committed SVPs Entitled To Less Restrictive Alternative Than McNeil Island
• One Dollar Awarded Pennsylvania Prisoner For Arbitrary Parole Denial
• Contract to Purchase Medical Practice Non-Exempt Under North Carolina Public Records Act
• Rikers Island Guard Awarded $1 Million For Sexual Harassment By His Captain
• Florida Contractors Providing Government Services Bound By Public Records Act
• Massachusetts Woman's Nonproductive Informant Based Vaginal Drug Search Ruled Non Actionable
• Texas Act Requires Compelling Reasoning for Nondisclosure of Requested Prisoner Information
• Mistakenly Released Washington Jail Prisoner Kills Woman; Estate Wins $1,525,000 in Lawsuit
• Suffolk County Jail Ordered To Provide Newspaper Access To Prisoners
• Arizona Agencies' Public Records Denial Condoned If In Best Interest Of Agencies.
• North Carolina Liberty Denying Treatment Program Ruled Statutorial Confinement; Prisoner's Time Credited
• Ohio DNA Testing Provisions Allow Relevancy Determination Prior To Requiring Mitigative Submission
• King County Washington Prisoner Gets over $3,100 for False Imprisonment
• $250,000 Awarded To Virginia Guard After Stabbing By Prisoner Upheld
• Illinois "Occupational License" Clause Exempts Liquor Licensee's Criminal Background From Disclosure
• $50,000 Jury Award To Massachusetts Nurses Wrongfully Discharged By Correctional Medical Services
• $307,142 Awarded For Florida False Arrest And Malicious Prosecutions
• Prisoner's Action Affirmed Against North Carolina DOC For Negligence Leading To Amputation
• Cincinnati Police Misconduct Settlement Ordered Discloseable Despite Protective Order Or Confidentiality Provision
• Maryland State Damages Cap Trumps Federal Awards For 11 Year Old Paraplegic
• Murder Cover Up Action By Sharonville, Ohio Police Settles For $1.5 Million
• Florida Textbook Retailer Ordered To Provide Competition With Trade Secrets
• Prison Music Program Not Constitutionally Required
• Seven California Women Prisoners Settle Sexual Assault Suit for $160,000
• Seventh Circuit: Wisconsin Supermax Conditions Unconstitutional
• Prison Health Services Physician’s Assistant License Revocation Upheld
• California: Medical Marijuana Law at Odds with Jail, Prison Policies by John Dannenberg
• OH DOC Not Required to Take Prisoners Outside of Prison for Religious Rites
• Seventh Circuit Reverses FTCA Dismissal; BOP Still Liable for Lost Property
• US Parole Restrictions on Computer Access Reversed
• After Convictions Final, Prisoners Records Subject to Florida’s Public Records Law
• Alabama Guard Wins $205,000 in Sexual Harassment Suit
• Michigan Pays $450,000 to Woman Hit by Prison Van
• The Good, The Bad and The Mad - Westword article by Alan Prendergast by Alan Prendergast
• $200,000 Injury Damages For Illinois Juvenile Prisoner Reduced To $40,000 For Total Versus Individual Award Confusion
• Massachusetts Prison Official's Ordered To Improve Prisoners' Treatment
• New York Prisoner Awarded $500 for 20 Days’ Wrongful Isolation
• Suits Attack “Dirty Tactics” of Portland, Oregon Police
• West Virginia Jail Payroll Records not “Public Records” for Purposes of State FOIA
• Prisoner Awarded $3.50 in Product Liability for Defective Shower Shoes
• Police Chief Only Responsible If He Knows Danger Of Jail Suicide; Jury Award Vacated
• Massachusetts Action to Compel Medical Treatment Dismissed; Lacked Eighth Amendment Claim, Diagnosis
• Paruresis Requires Medical Verification to Excuse Urinalysis Failure; Agreement Willingly Signed Upheld
• Nebraska Police Reports Only Exempt From Disclosure If Investigative Or Intelligence Information
• 20 Year Old Phoenix Police Investigation Documents Ordered Disclosed To Church
• $3,101,876 Awarded Deceased FBI Informant's Estate After Former Agent Revealed Identity
• New Mexico AG's Complete Privilege Request Denied Regarding Riot Report Disclosure
• Colorado Police Statutorily Entitled To Own Promotion Exam's Disclosure
• Arizona AG Defined Parole Board's Records Retention And Disposal Requirements
• New York DOC Settles Guard's Religious Observance Suit for $50,000
• California Sheriff's Investigatory Materials Exempt From Production Under Public Records Act
• Texas Eliminates Next-Grand-Jury-Session Limitation On Indictments
• OH PRA Only Required that Indigent Prisoner Be Given One Free Copy of Trial Transcript
• Not the Usual Suspects: The Politics of the Prison Boom by Marie Gottschalk (p 1)
• OH Prisoners Must Get Court Order Declaring Documents Necessary for Actionable Cause Before PRA Requires Disclosure
• White Oregon Guards Wrongly Fired in Reverse Discrimination Suit Win $1,000,000 Jury Verdict
• Police Only Responsible If They Know Danger Of Jail Suicide
• Washington Cop Sexually Abuses 15-Year-Old Who Wins $325,583 at Trial
• Preliminary Injunction For Improved TB Testing in Pennsylvania Prisons
• Wrongful Arrest Leads to Rikers Island Rape and $206,900 Verdict
• $1.1 Million Verdict Entered Against Florida Sex Crime Detective for Sexual Assault upon Minor
• Washington Prisoner Pinned in Automatic Door Wins $6,060 in Lawsuit
• Washington DOC Settles Failure to Supervise Parolee Suit for $975,000
• Washington Prisoner Settles Suit for $5,000 After Being Attacked by Police Dog
• Washington Prison Employee Terminated for Allowing Prisoners to View Computer Screen
• Washington Counselor’s Breach of Confidentiality Rules Merits Dismissal
• Tenth Circuit Applies Harmless Error in Prison Discipline
• Washington Guard Wins $72,000 in Race Discrimination Suit
• Washington Community Correction Officer’s Failure to Manage Caseload Merits Dismissal
• Washington Parolee Rapes Woman Who Wins over $200,000 in Lawsuit
• Washington Union Shop Stewards Pay Reduction Appropriate for Possessing Confidential Prisoner Medical Information
• Washington Guard’s Acceptance of Money for Favors Merits Dismissal
• Washington Guard’s Pay Reduced for Sleeping on Duty
• Washington Guards Pattern of Aggressive Behavior Merits Termination
• Texas Prisoner’s State, Federal Work-Related Injury Claims Reinstated
• NY Prisoner’s Disciplinary Action Reversed for Failure to Consider His Mental Health Problems
• Three More Oregon cops Fall on Sex Charges; Protect and Serve, Just Not Kids
• Summary Dismissal of Court Access Claim Reversed
• Court Denies BOP’s Dismissal Motion in Challenge of Ensign Amendment
• Tenth Circuit Reverses Dismissal of Federal Prisoner's Medical Suit
• Public Duty Doctrine Discussed; North Carolina’s DHHS Has Duty to Inspect/Protect Prisoners
• Texas Juvenile Justice Whistleblower Settles for $175,000
• Texas Juvenile Justice Whistleblower Settles for $175,000
• New York Prisoner Falls in Kitchen Netting $868,516
• Texas Warden Axed for Whistleblowing Awarded $300,150
• Sixth Circuit Reverses Denial of Complaint Amendment
• No Damages Awarded for Job-Related Hand Injury
• Scuffle With Guards Earns New York Prisoner $250
• No Liberty Interest in Illinois Segregation
• New Jersey District Court: Reargument Granted In PHS Negligence Claim
• Kansas Jail Suicide Case Settled for $16,000
• Arizona Juvenile’s Jail Suicide Case Settled for $10,000
• Retaliation Against Female Kentucky Prison Guard Nets $240,000
• South Carolina Prisoners not Entitled to Prevailing Wage at Prison Jobs
• Kansas Jail Excessive Force Death Case Settled for $125,000
• Excessive Force Verdict Nets Hawaii Prisoner $1.00
• Inadequate Medical Care in Chicago Jail Slip and Fall Nets $25,000
• Slip-Fall Injuries Net $3,250 for New York Prisoner
• Eighth Circuit Upholds Dismissal of Discrimination/Retaliation Suit
• Alabama DOC Settles Witchcraft Suit for $7,500
• Excessive Force, Broken Arm by West Virginia Police Nets Mentally Ill Woman $7,410
• Cell Extraction of Missouri Prisoner Resulting in Facial Injuries Nets $20,000
• New Jersey Appeals Court Upholds Disabled Guard’s $236,000 Award
• Bruise from Push by New York Prison Guard Nets $100
• 8th Circuit Upholds Dismissal of False Imprisonment Action
• Delaware Law Bars Prisoner Access to DOC Files
• Oregon PRL Requires Disclosure of Documents Pertaining to Internal Investigations of Cop's Misconduct
• Oregon PRL Required Disclosure of Records Pertaining to Police Internal Investigations
• Oregon PRL Requires Disclosure of Records for Cop's Disciplinary Action for shooting Civilian
• Oregon Law Requires Disclosure of Some Parole Records
• Pennsylvania Prisoners' Privacy not Unlawfully Invaded by Mayor's Monitoring Their Cells via Video Camera from His Home
• Oregon Prisoner Wins $58,000 for Injury in County Jail
• PLRA Bars Damages for Jail Strip Search Suit
• Personal Relationship with Prisoner Merits Washington Guard’s Dismissal
• Oregon Guard Wins $402,000 in Disability Discrimination Suit
• Injuries from Falling Ice Nets $3,000 for Massachusetts Prisoner
• Oregon Death Row Prisoner Awards Victims $58.5 Million
• Investigative Evidence Seized From Colorado Homes Subject To CCJRA, Not CORA Provisions
• Arizona Pre-Litigated Investigative Reports Not Subject To Disclosure Absent Compelling Grounds
• Arkansas Law Discloses Legislators’ Business Ties to State by David Reutter (p 13)
• From the Editor by Paul Wright (p 14)
• PEW Public Safety Report: Prisoncrats Abuse Their Probation/Parole Violation Powers So As To Stymie Offenders’ Re-entry Into Society by Marvin Mentor (p 15)
• Child Abuse Abounds in Wilderness and Boot Camp Programs by Matthew Clarke (p 16)
• Squalor, Corruption Cause Cancellation of GEO Group’s TYC Contract by Gary Hunter (p 18)
• A Long Road Toward Reform: An Interview with John Boston, Director of the Prisoners’ Rights Project of the New York City Legal Aid Society by Todd Matthews (p 20)
• Compassionless Conservative Texas Judge Closes Court Promptly, Ensuring Execution by Matthew Clarke (p 22)
• Once Again, Former Florida DOC Secretary Faces Liability in Prisoner Beating; Case Settled for $400,000 by David Reutter (p 24)
• Two BOP Guards, One Beaten Prisoner: One Guilty Plea, One Acquittal (p 25)
• Out-going Kentucky Governor Issues 101 Pardons, Commutations by David Reutter (p 26)
• “Hot Bunking” at Cook County Jail Could Violate Consent Decree (p 26)
• Missouri Execution Nurse, Doctor Have Questionable Histories by John Dannenberg (p 28)
• Wisconsin County Bans Profiteering in Jail Phone Contracts (p 28)
• California DOC Federal Health Care Receiver Replaced by John Dannenberg (p 30)
• Indicted California Sheriff Resigns to Fight Federal Corruption Charges (p 30)
• California Juvenile Parolees Entitled to Two-Step Revocation Process by John Dannenberg (p 32)
• $100,000 Settlement in Illinois Jail Guard’s Forced Oral Sex of Female Prisoner (p 32)
• California: Few Sex Predators Civilly Committed To Mental Hospitals, Despite Expanded Qualification Criteria by John Dannenberg (p 34)
• CCA Fined $140,000 for Early Release of Prisoners at FL Jail; Quits Contract (p 34)
• Infected Hand Mistreatment At Sacramento County Jail Settled For $100,000 (p 35)
• Georgia Sheriff, Judges, Other Officials Face Misconduct, Criminal Charges by David Reutter (p 36)
• Grand Jury Report, Four Nebraska Jail Guards Indicted in Prisoner’s Death by David Reutter (p 36)
• No Safety or Security for Maryland Prisoners by Michael Rigby (p 38)
• California DOC Stipulates to Removal of Visitor X-Ray Ma-chines, but Damages Appeal Dismissed by John Dannenberg (p 40)
• $150,000 Settlement in Pennsylvania Jail Prisoner’s Suicide (p 40)
• Ohio Prisoner Wins $4,525 Award For Assault By Guard (p 40)
• $35,00 Settlement in Sexual Assault of Pennsylvania Female Prisoner by Guard (p 41)
• Washington State Sex Offender Vigilante Dies In Prison (p 41)
• Change in Texas Parole Law May Be Ex Post Facto Violation by Matthew Clarke (p 42)
• Ninth Circuit: Prisoner’s Eighth and Fourteenth Amendment Classification Claims Fail Sandin Test by John Dannenberg (p 42)
• News in Brief: (p 43)
• Ninth Circuit: Vested Retirement Benefits May Be Garnished to Pay Criminal Fines (p 44)

June

• Kansas Prisoner not Consumer under State Consumer Protection Act
• Michigan Prisoner Properly Denied Review of Documents too Numerous to Transport to Him
• Michigan Mental Patient Properly Denied Documents Under FOIA for Failure to Establish Indigence
• Missouri Prisoner Appointed Lawyer in Federal Civil Rights Action
• Montana Prisoners Entitled to Review Parole Files
• Maryland Prisoner Wins $230,144 in Police Brutality Suit
• Montana Newspaper Entitled to Fees Incurred to Obtain Copies of Documents
• Michigan Prisoner Awarded $500 for DOC's Violation of FOIA
• Montana Guards' Disciplinary Sanctions and Names Held Disclosable
• Massachusetts Court of Appeals: Instructional Videotape Not Learned Treatise
• Montana DOC Must Have Open Meetings On Proposals for Construction of New Prison
• Medical Review Committee Reports and Responses Exempt as Florida Public Records
• Michigan Prisoner’s FOIA Suit Dismissed Because No Violation Occurred
• Michigan FOIA Doesn’t Apply to Prisoners
• MI FOIA Didn’t Require Disclosure of Documents for Jail Guards’ Disciplinary Proceedings; ERKA Might
• Michigan FOIA Doesn’t Require Disclosure of Court Documents
• Medical Experimentation Suits Time Barred
• Mental State Matters, But Not a Defense, In Prison Disciplinary Proceeding
• Maryland Settles Suit Over Guard Wearing Dreadlocks
• Florida Prisoners Have No Right to “Free” Public Records
• Evidence Fails to Support Charges of Washington State Employee; Reinstatement Ordered
• Taste-Testing Nutraloaf: The prison food that just might be unconstitutionally bad by Arin Greenwood
• Virginia Police Department Record of Criminal Case Disposition Not Subject to Public Record Request
• Exceptional Circumstances Required for Disclosure of Fla. Sunshine Law Exemption to Government or Law Enforcement
• Failure to Report Absences Merits Dismissal for Washington Prison Guard
• FBI Informant Sues for 110 Days False Imprisonment in Oregon Prison
• Indiana APRA Required City to Disclose Settlement Agreement in Civil Action
• IN ARPA Required City to Disclose Cellular Phone Records of Public Officials; $3,400 Awarded in Atty Fees
• Federal FIOA Doesn’t Apply to OH State Agencies
• Illinois Court of Appeals Holds HIV Status Disclosure Order Overbroad
• Indigent Persons/Prisons Not Entitled to Florida Public Records Free of Charge
• Indiana APDA Required Prosecutor to Disclose Subpoenas
• Florida Citizen Awarded $10,000 in Police Brutality Suit
• Florida DOC Can't Inspect Guards' Homes in Workers' Compensation Case
• Florida Man Wins $253,350 for Unlawful Search and Seizure
• Florida’s Public Records Law Exempts Attorney Notes
• Georgia Suicide Claim Reinstated Against PHS
• IN ARPA Required City to Disclose Cellular Phone Records of Public Officials; $3,400 Awarded in Atty Fees
• Health Department May Withhold Prisoner’s Medical Records from Virginia Sheriff
• Michigan Prisoner Properly Denied Free Documents Under FOIA
• The Torture Election: Fighting for the Soul of the American Psychological Association by Jeffrey S. Kaye
• Failure to Comply in the Home Assignment Resulted in Washington Employee’s Termination
• Injuries While Attempting to Flee New York Prison Riot Net $132,000
• Internal Affairs Reports Available to Maryland Criminal Defendant; 2 Prong Test Discussed
• Ohio Prisoner May be Entitled Under PRA to Documents Identifying Guards Who Beat Him
• Michigan FOIA Requires Particularized Explanation of Reasons for Denying Records Requests
• Michigan Prison Disciplinary Decisions not Subject to FOIA
• MI Prisoner Awarded Costs and Given Documents Under FIOA
• Giving Prisoner Security Merits Dismissal of Washington Guard
• Federal Courts Can't Dismiss Prisoners' Civil Rights Actions Simply Because They're Inartfully Pleaded
• Sex Offenders Set Up Camp in Miami Florida: The Julia Tuttle Causeway Becomes a Colony. Politicians Pass the Buck. by Isaiah Thompson (p 1)
• California Parole Board Executive Officer Resigns After Caught Drinking on Duty (p 9)
• CCA Attempts Cover-Up of Assault by Warden at Tennessee Prison by Alex Friedmann (p 10)
• From the Editor by Paul Wright (p 10)
• Record Number of Disciplinary Actions Against Texas Prison Guards by Matthew Clarke (p 12)
• $154,000 Awarded to Hawaii Prisoner Injured by Jumping from Bunk Bed Without Ladder And Exposed to ETS (p 13)
• Think Outside The Cell: An Entrepreneur’s Guide for the Incarcerated and Formerly Incarcerated, by Joseph Robinson, Resilience Multimedia, 270 pages by Gary Hunter (p 14)
• California Homosexual Prisoner Family Visits Policy Draws Fire (p 15)
• New Jersey Abolishes the Death Penalty by Matthew Clarke (p 16)
• $900,000 Settlement in Illinois Jail Guard’s Sexual Assault of Juvenile (p 16)
• Nevada Prisoner Health Care So Atrocious, Prisoners Volunteer for Execution to Avoid Suffering by David Reutter (p 18)
• Eight Guards, Nurse Acquitted in Florida Child’s Beating Death by David Reutter (p 20)
• Flesh-Eating Bacteria Grossly Disfigures Misdiagnosed Washington State Prisoner by John Dannenberg (p 20)
• New York Prisoner Awarded $112,000 For Leg Burns (p 22)
• California Prison Beset by Deadly Valley Fever Epidemic by John Dannenberg (p 22)
• Vermont Prisons Subject to Human Rights Commission Jurisdiction (p 23)
• Florida Prison Still Beset by Contaminated Water by David Reutter (p 24)
• $25.5 Million Awarded in California County Jail Strip Search Suit by John Dannenberg (p 25)
• Washington Study Finds Higher Recidivist Rate Amongst Sex Offenders Recommended, But Not Committed, For Civil Commitment by David Reutter (p 26)
• Defunct Louisiana Juvenile Private Prison Reactivated by GEO for Immigrants (p 27)
• Son of Illinois Congressman Fired, Charged With Raping Prisoners (p 27)
• California DOC Federal Master: Continued Court Oversight Needed on “Code of Silence” by Marvin Mentor (p 28)
• Pierce County, WA Jail Settles Jail Strip-Search Suit For $667,000 (p 28)
• Dallas County, Texas, Criticized for Offering Probation to Murder Defendants by Michael Rigby (p 30)
• New York Prisoner Awarded $322,000 For Hand Laceration (p 30)
• $80,000 Settlement For Injury Caused By Defective Federal Prison Sidewalk (p 31)
• Iowa Faith-Based Program Finally Closed (p 31)
• Junk Bonds to Junk Science? Drug Treatment Program Questioned by Greg Dober (p 32)
• 33,000 California Prisoners May Need Credits Recalculated Due To Retroactive State Court Decisions by John Dannenberg (p 34)
• The Prison and the Gallows: The Politics of Mass Incarceration in America, By Marie Gottschalk, Cambridge University Press, 451 pp. by Silja JA Talvi (p 34)
• U.S. Releases Highest Ranking Soldier Convicted For Abu Ghraib Prisoner Abuse (p 35)
• PLN Sues Massachusetts DOC Over Book Ban, Added to Approved List One Week Later (p 36)
• California State Prisoner Wins $39,011 for Deprivation of Outdoor Exercise During Extended Lockdowns by Marvin Mentor (p 36)
• Texas Prisoner’s Hepatitis C Claim Not Frivolous, Fifth Circuit Holds (p 37)
• Ohio Jail Prisoner’s Excessive Force Lawsuit Settles For $100,000 (p 38)
• Innocent California Prisoner Freed After Nine Years; Paid $1 Million (p 38)
• Federal Jury Convicts California DOC Guards on Assault and Conspiracy Charges; Judge Tosses Verdict (p 38)
• North Carolina Agency Liable in Jail Fire That Killed Five Prisoners (p 39)
• Nevada Criminalizes Cell Phones in State Prisons (p 40)
• Georgia’s Sex Offender Residency Restriction Unconstitutional; Work Restriction Approved (p 40)
• CA Uses Jail Inmate Welfare Funds for Reentry; Expands Early Release for Permanently Disabled CDCR Prisoners (p 41)
• News in Brief: (p 42)
• $700,000 Settlement in Minnesota Teen’s Wrongful Death Caused by Jail’s Indifference to Head Infection (p 44)

May

• Ninth Circuit Upholds Discipline of Immigration Prisoner; PLRA Does Not Apply
• Court Dismissed Suit Over Reversed Disciplinary Charges
• No Right to Interpreters for IWS Application Process
• Chicago Jail Not Liable for Suicide Despite Cell Design
• NJ Prisoner’s Tuberculosis Suit Dismissed
• Washington Guard Settles Sex Discrimination Suit for $734,900
• $200,000 Settlement for Negligent Medical Care/ Treatment of Federal Prisoner
• Colorado law Denying Bail to Criminal Aliens Unconstitutional
• Court Holds 11th Amendment Doesn't Bar Consent Decree Enforcement
• Concealment of Medical Experiments Tolls Statute of Limitations
• Delaware Prisoner’s Conditions Suit States Claim
• Heck Bars Suit Over Improper Parole Records
• Exclusion of Violent Offenders from BOP Good Time Program Upheld
• Number of Plaintiffs Affects Class Certification
• Court Terminates MA Civil Commitment Center Injunction
• Father May Sue for Mentally Ill Son’s Jail Assault
• Class Certified in Hispanic Racial Profiling Suit
• Federal Prisons Not Subject to ADA
• Fired California Guard’s Termination Suit Reinstated
• No Restriction on Moving Wisconsin Prisoners to Private Out of State Prisons
• Fifth Circuit Discusses Appellate Review of 28 U.S.C. § 1915 Dismissals
• Sheriff May be Liable for Jail Suicide
• Maryland Prison Officials Get Qualified Immunity for Prisoner “Retake” Orders
• Third Circuit Has Appellate Jurisdiction Over Unexhausted Claims
• No CMS Liability for Denying Treatment for Dislocated Shoulder
• No Liability for Shooting Suicidal, Armed Jail Prisoner
• No Cause of Action Under International Law for Medical Experiments
• Arizona Gas Chamber Unconstitutional
• Canadian Death Row Prisoners' International Law Claims Rejected
• Puerto Rican Prisoner’s Property Suit Dismissed
• First Amendment Protects Sex Discrimination Complaint Against State Police
• Court Terminates 1975 Minnesota Disciplinary Hearing Consent Decree
• Alabama Female Guards Title VII Suit over Masturbating Prisoners Dismissed
• Denial of HIV/AIDS Treatment Upheld
• Seventh Circuit Discusses Heck and Court Access Claims
• Dismissal of Suit Against Parole Commissioner Reversed
• Multiple Sclerosis Not Covered by ADA
• Heck Bars Parole Challenge Absent Habeas Relief
• No Exhaustion Required in Juvenile IDEA Suit for Damages
• No Due Process Violation for Holding Sex Offender Past Release Date
• Fines for Consent Decree Non-Compliance are Criminal, Require Jury Trial
• Denial of Food, Visits for Refusing to Shave Upheld
• Ongoing Incompetence by Disciplined Doctor Doesn't Establish Indifference
• BOP Authority to Revoke Good Time for Pre-Conviction Drug Test Upheld
• Prisoner Must Have Notice of Forfeiture; Sanctions Denied for Lying Prison Official
• Time Limits in PLRA Modification Motions Applied
• Amended Complaint Can Sue Cops in Individual Capacity
• Public Entities Can Assert Attorney Client Privilege
• Challenge to Catalog Ban Mooted by Grievance Relief; Mail Watch Okay
• Massachusetts DOC Denial of Ramadan Food to Prisoner in Seg Upheld
• City and Contractor Liable for Policy of Arresting and Seizing “Potentially Intoxicated” People
• Jail Doctor Wins Lawsuit Over Substitution of Pain Medication
• Voluntarily Ceasing Challenged Activity Doesn't Moot Case
• Tennessee Court Enjoins Prisoner's Litigation
• Wisconsin Prisoner Loses Claim Over Transfer to Private Prison in Tennessee
• Administrative Exhaustion Required in Alabama HIV/AIDS Class Action Suit
• Court Dismisses NY Prisoner’s Failure to Protect Suit
• Court Decides Against Defendant's Discovery Abuses in Texas Police Shooting Case
• Second Circuit Discusses Consent Decrees
• County Immune for Holding Federal Detainee Without Court Hearing
• Habeas Granted for Defendant Shackled at Trial
• No Liability for Jail Prisoner’s Suicide
• Okay to Open Mail Sent by Attorney General
• Court Upholds Kansas Sex Offender Treatment Protocol
• District Courts Must Inform Pro Se Litigants of Summary Judgment Requirements
• Nassau County Jail Counsel Sanctioned for Misconduct
• Warden May Be Liable for Suicide for Lack of Mental Health Staffing
• No Qualified Immunity for Jail Guard Who Ignored Suicidal Prisoner Tying Noose Around Neck
• Immunity for Warden in Hiring Decision
• Pro Se Criminal Defendant Not Entitled to Law Library Access Above General Population
• Preliminary Injunctions/TROs Require Posting of Bond
• No Court Access Violation to Deny Law Library Access to Pro Se Defendant
• Court Upholds Photocopying of Jail Prisoner’s Mail, Suppression Denied
• Parole Condition Banning Porn Access for Sex Offender Upheld
• Okay to Force Pre Trial Detainee to Work in Jail for Extra Food
• Sender’s Right to Privacy in Mail Ends at Delivery
• Monitoring and Limiting Phone Calls by Kansas Prisoners Upheld
• IN DOC Ban on Typewriters Upheld
• HIV Status Allows Plaintiff to Proceed Anonymously
• Ohio Prison Employee Loses Suit Over Supervisor Bugging Her Desk
• Texas Clemency Procedures Constitutional
• PHS Not Liable for Prisoner Attack on Nurses
• Washington Jail Prisoners Suffer from Overcrowding, Abusive Guards, Inadequate Health Care and Indifferent Politicians by Roger Smith (p 1)
• Release of Medically Incapacitated Prisoners Could Save California Taxpayers Hundreds of Millions in a Time of Budget Crisis
• No Liberty Interest In New Jersey Work Release
• Virginia Policy Prohibiting Staff From Marrying Prisoners Upheld
• Taking DNA Samples from CT Sex Offenders Upheld
• Jail Liable for Labeling Arrestee’s Cell as “HIV Positive Inmate”
• Supreme Court Discusses Right to Travel
• Subjective Knowledge Required for Punitive Damages
• Judicial Review Available for Denial of International Transfer
• Congress Must Act to Protect Young Detainees from Abuse by Marian Edelman
• BOP Legally Enacted Rules Restricting Early Release for Drug Treated Prisoners
• BOP Early Release Suit Subject to PLRA
• District Courts Can Suspend PLRA Injunction Stay Provisions
• Ventura County Jail Restraint Chair Use Enjoined; Class Certified
• Riots at CCA Prisons Reveal Weaknesses in Out-of-State Imprisonment Policies by Matthew T. Clarke
• From the Editor by Paul Wright (p 10)
• When Courts Get it Wrong: Clark v. Beard by Mumia Abu-Jamal (p 10)
• NY Court Dismisses Prisoner’s Assault Claim, Voids $500,000 Jury Award (p 11)
• Deadly Staph Infection 'Superbug' Has a Dangerous Foothold in U.S. Jails by Silja JA Talvi (p 12)
• $100,000 Damage Award Vacated for Seven-Year Service Delay (p 15)
• Summer of Discontent by John Dannenberg (p 16)
• Prison Doctors, Tainted by Regulatory Board Discipline, Administer Wisconsin Prisoner Care by David Reutter (p 24)
• My Space Becomes “No Space” for Online Sex Offenders by David Reutter (p 26)
• $2 Million Confidential Settlement In CCA Prisoner’s 2004 Beating Death Revealed by Alex Friedmann (p 28)
• Washington DOC Pays PLN $541,000 for Illegally Withholding Records by Michael Rigby (p 28)
• Habeas Hints: Amending Petitions by Kent A. Russell (p 30)
• Crazy In America: The Hidden Tragedy Of Our Criminalized Mentally Ill, by Mary Beth Pfieffer (Carroll & Graf, 2007, 280 pp. $15.95) by David Preston (p 32)
• Texas Prison Health Care: On the Brink of Unconstitutionality, Again by Matthew Clarke (p 34)
• Georgia Prisoner Assaulted By Jailer Awarded $5,300 (p 34)
• Wrongful Termination of Georgia Jail Guards by New Sheriff Settles for $7 Million (p 36)
• Texas Youth Commission Wants Increased Pepper Spray Use Despite Settlement by Michael Rigby (p 36)
• $3,175,000 Judgment against Private Health Contractor for Illinois Prisoner’s Stroke (p 37)
• Alabama DOC Charges Prisoners Unlawful Fees to Cover Budget Shortfalls by Matthew Clarke (p 38)
• North Carolina Execution Laws Trump Medical Board’s Ethics Declaration by John Dannenberg (p 38)
• Alabama Parole Board Employee Pleads Guilty to Misuse of Computer Information (p 39)
• Innocent California Prisoner Paid $3,171,000 For 12 Years Wrongful incarceration (p 40)
• Michigan Prisoner Beaten By Guards Awarded $6,004 (p 40)
• South Florida Federal Court Censors Online Plea Agreements (p 41)
• News in Brief: (p 42)
• $56,274 Verdict in Negligent Rhode Island Maintenance Claim (p 44)

April

• Lawsuits test crackdown on sex criminals by john gramlich
• Turner v. Safley: High Drama, Enduring Precedent by David Hudson
• Meet Gus Puryear: Bush's Latest Villainous Nominee for a Lifetime Judgeship by Silja JA Talvi
• Making the Bad Guy Pay: The Growing Use of Cost Shifting as an Economic Sanction by Kirsten D. Levingston (p 1)
• Buried Alive: Solitary Confinement in Arizona’s Prisons and Jails by David Reutter (p 14)
• From the Editor by Paul Wright (p 14)
• Flurry of Escapes Emphasizes Prisoners' Desperation by Matthew Clarke (p 16)
• As Connecticut's Prison Population Increases, So Does the Number of Imprisoned Mentally Ill by David Reutter (p 20)
• Three Murders in Three Months at Mississippi Control Unit Lead to Improvements And New Consent Decree (p 22)
• Pennsylvania Lifers' Commutation-Law Ex Post Facto Suit Remanded to Determine Standing by John Dannenberg (p 25)
• ADX Media Visit Staged To Dispel "Myths And Rumors" by Bob Williams (p 26)
• Administrative Errors and Poor PHS Medical Care Precede Chronically Ill Vermont Prisoner's Death by David Reutter (p 28)
• Jail Uprisings in Oklahoma and Arkansas by Matthew Clarke (p 29)
• California Sex Offenders Uprooted by New Restrictive Residency Law (p 30)
• Florida Woman Sentenced to Probation for Unauthorized Practice of Law by David Reutter (p 30)
• California’s Compassionate Release Law Expanded to Include the Medically Incapacitated (p 32)
• Michigan Counties Unsuccessful at Collecting Costs of Jail Imprisonment by Matthew Clarke (p 32)
• Audit of Iowa Prison System’s Substance Abuse Treatment Programs Released by Matthew Clarke (p 33)
• Wrongful Death Following Alleged Mistaken Washington Jail Release Settles For $1,800,000 (p 34)
• Overcrowded, Understaffed California DOC Pays $471 Million in Overtime by John Dannenberg (p 34)
• Oregon Sheriff Sentenced to Jail/Sex-Offender Registration (p 36)
• Washington State Opens Environmentally-Friendly Control Unit by Matthew Clarke (p 36)
• Federal Healthcare Receiver Investigates Out-of-State Deaths of Transferred California Prisoners, but Does His Authority Follow Them? by John Dannenberg (p 38)
• Drug-Resistant Staph Infection (MRSA) Deaths Nationwide Now Exceed Those From AIDS; Prison Connection Ignored by John Dannenberg (p 38)
• $1,000,000 Settlement in Heroin Addict’s Death at Chicago, Illinois, Jail (p 39)
• Uprising at GEO Group Illinois Jail (p 39)
• BOP Prisoner Population Exceeds 200,000 (p 40)
• Bergen County Jail, New Jersey, Provides Laptops for Legal Research (p 40)
• Tainted Chinese Toothpaste Distributed in U.S. Prisons and Hospitals by Matthew Clarke (p 40)
• $1,825,000 Settlement in Alabama Prisoner’s Death from Flesh-Eating Bacteria (p 41)
• Iowa Prisons Fined $92,000 For Prisoner Workplace Accidents (p 41)
• News in Brief: (p 42)
• New Los Angeles County Policy: Keep Lawsuit Settlements Confidential (p 44)

March

• Dennis the Menace
• New Times files a prelude to a lawsuit against Sheriff Joe Arpaio by Stephen Lemons
• From the Editor by Paul Wright (p 1)
• Cheaper than Chimpanzees: Expanding the Use of Prisoners in Medical Experiments by Greg Dober (p 1)
• Head on a Skewer by Paul Rubin
• Audit Reveals Problems with Maryland’s New Prisoner Health Care System by Michael Rigby (p 16)
• California DOC and Joint-Venture Contractor Owe Over $1.8 Million in Attorney Fees for Protracted Suit Granting Prison Workers Prevailing Wage by John Dannenberg (p 18)
• Georgia’s Prison Health System Squeezed by Increasing Population, Decreasing Staff Budget by David Reutter (p 20)
• San Antonio Sheriff Pleads No Contest to Corruption Charges, Resigns by Matthew Clarke (p 22)
• Ohio Man Paid $1.5 Million for 26 Years' Wrongful Imprisonment (p 23)
• Philadelphia City Jails Under Federal Supervision, Again, Temporarily by David Reutter (p 24)
• A Pursuit of Prisoners’ Health and Safety A conversation with Elizabeth Alexander, director of the ACLU’s National Prison Project by Todd Matthews (p 26)
• Factor 8: the Arkansas Prison Blood Mining Scandal Movie review and Director Interview by Brandon Eng (p 28)
• Federal Court Grants Class Certification to Disabled Washington Prisoners (p 30)
• PLN Obtains Injunction Against Fulton County Jail in Censorship Suit by Alex Friedmann (p 31)
• Who’s Monitoring Prison Medical Contract Requirements in New Jersey? No One by David Reutter (p 32)
• AT&T Settlement Includes Fines, Reimbursement for Overcharging Recipients of Phone Calls From Washington Prisoners by Michael Rigby (p 34)
• Massachusetts Jail Releases Prisoners to Meet Court-Ordered Population Levels (p 34)
• City Of San Leandro, California Pays $395,000 To Family Of Detainee Who Died After 21 Taser Shocks (p 35)
• Federal Prison Staff Are Law Enforcement Official For Purposes Of FTCA Claims by Daniel E. Manville (p 36)
• Federal Judges Convene Three-Judge Panel to Consider “Prisoner Release Orders” to Remedy California’s Prison Overcrowding; Upheld on Appeal (p 38)
• Love, Sex and Violence KO Oregon Deputies, Jailers and Prison Guards (p 40)
• Los Angeles County Pays $2.8 Million For Failure To Protect Accused Child Molester In Jail (p 40)
• News in Brief: (p 42)
• Privatized Medical Services Entangle Florida Sheriff in Litigation and Raises Costs (p 44)

February

• Meet Bush's Prison Nominee by Stephanie Mencimer
• Math-challenged Sheriff Joe Arpaio can't account for the $41 million he's cost taxpayers
• Educating inmates by Lance Tapley
• Wave of reform by Lance Tapley
• Cumulative Tightening of Michigan Lifers' Parole Eligibility Rules Held Ex Post Facto by John Dannenberg
• Scandal Rocks Texas Youth Commission; Youths Molested by School Supervisors by Gary Hunter (p 1)
• From the Editor by Paul Wright (p 12)
• Oregon Parole Officer’s Molestation Victim’s Suicide Claims Settled for $210,000 (p 12)
• Overdetention: When Completing a Prison Sentence Just Isn’t Enough by David Reutter (p 14)
• Arizona Prison Guard Awarded $750,000 for False Sexual Misconduct Allegations (p 15)
• Colorado Farms Out Prisoners to Replace Immigrant Farm Workers (p 16)
• Death Sentence: The Feds Throw the Book at King County'sJail as Prisoner Fatalities Skyrocket by Rick Anderson (p 18)
• Washington State: No Restoration of Felon Voting Rights Until Fines and Restitution are Paid (p 19)
• Los Angeles Settles County Jail Murder Suit For $1 Million by John Dannenberg (p 22)
• Louisiana Work-Release Prisoners Used by Sheriff in Chop Shop by Gary Hunter (p 22)
• Non-Convicted Michigan Sex Offenders Required to Register (p 23)
• Independent Monitor Issues First Report on Delaware Health Care (p 24)
• "Let Freedom Ring" -- Cellphones Abound In California Prisons (p 26)
• Privately Run Seal Beach, California Jail Closed Following Checkered Past by John Dannenberg (p 26)
• New York Prisoner Awarded $4,250 for Knee Injury While Shackled (p 27)
• $90,000 Awarded to New York Prisoner for Delay of Surgery (p 28)
• Nevada Jail Strip Searches Before Release on Own Recognizance Unconstitutional (p 28)
• Alabama Judge Resigns Amid Prisoner Spanking Allegations and Judicial Improprieties (p 30)
• Lawsuit Exposes Jail Limbo for Mentally Incompetent Defendants in Texas by Matthew Clarke (p 30)
• BOP Removes Religious Books; Capitulates After Public Outrage, Lawsuit (p 31)
• Missouri Ordered to Pay Prisoner's $250,000 Judgment Plus Fees and Costs for Sexual Assaults by Work Supervisor by John Dannenberg (p 32)
• BOP Must Provide Prisoner's FOIA Request in Electronic Format (p 32)
• Second Circuit Rejects New York’s Interlocutory Appeal of Prisoner's $7.65 Million Failure-to-Protect Jury Verdict by John Dannenberg (p 33)
• WA Prisoners Entitled to Minimal Due Process Before Risk Level Demotion (p 34)
• Transsexuals Treated Poorly in New York Prisons by David Reutter (p 34)
• Broward County, FL Sheriff Resigns, Pleads Guilty to Federal Corruption Charges by David Reutter (p 35)
• New York Pays State Prisoner $1,100 for Disregarding Work Restrictions (p 36)
• Study Finds Federal Defenders Outperform CJA Attorneys (p 36)
• Ninth Circuit Holds Washington DOC Immune From Suit for Denial of Community Custody Early Release by John Dannenberg (p 37)
• Spectrum Health Systems Pays Massachusetts $7.5 Million for Fraud in Concert with Civigenics (p 38)
• Florida's Parole Commission Slows Restoration of Felons' Civil Rights by David Reutter (p 38)
• Alabama Prisons Sell Land to Finance Prison Building, Repair (p 39)
• Federal Suit Over Wisconsin Suicide Attempt Settles for Millions by Michael Rigby (p 40)
• $100,000 Settlement in Missouri Jail Prisoner’s Methamphetamine Overdose Death (p 40)
• PLN Sues CDCR Over Failure to Produce Public Records (p 41)
• News in Brief: (p 42)
• New Jersey "Anthrax" Legal Mail Policy Unconstitutional; Count Condemns Opening Outside Prisoner's Presence (p 44)

January

• Ninth Circuit: Federal Complaint Cannot be Submitted Before PLRA Exhaustion is Completed by John Dannenberg
• Grievances Exhausted When No Relief Available; Oregon DOC Fails to Prove Non-Exhaustion.
• Tenth Circuit OKs First Raising Qualified Immunity on Summary Judgment
• Ninth Circuit: Federal Supervised Release Constitutional
• One Month Delay in Treating Prisoner’s Broken Bones States 8th Amendment Claim
• Prisoner Cannot Sue BOP Under Privacy Act
• Short-Term Injuries Sufficient to Recover Mental and Emotional Damages under PLRA
• NM Prisoner Wins $490,000 for Warrantless Blood Draw
• Fed Prisoner's Non-Custodial Escape was a Crime of Violence for Sentencing Purposes
• Trial Court Lacks Authority to Deny Washington Earned Credits
• Fed Prisoner's FOIA Request for Investigation-Related Documents Properly Denied
• Guards’ Individual Immunity a Matter of Bad Faith Intent
• Nebraska Prisoner's Transfer to Another Prison Was Lawful
• Illegal Alien Not Required to Submit Dual Parole Plans in California
• CA Prisoner's Convictions for Conspiracy to Smuggle Drugs Vacated for Bad Jury Instructions
• Sexual History May Trump Test Results Leading to SVP Classification Despite Castration
• MA Prison Conditions Might Amount to Cruel and Unusual Punishment
• Racial Impact Statements as a Means of Reducing Unwarranted Sentencing Disparities
• Early Release Credit Not Available to Prisoners with ‘Crimes Against Persons’ Convictions
• Foreign Fugitive Awards May Fall Under FSIA’S Commercial Activity Sovereign Immunity Exception
• CA Cop's Disciplinary Action Held Confidential
• Nebraska Mental Health Patients' Class Action Shot Down for Class Overbreadth
• US appellate court rejects British victims' suit for Guantánamo torture damages
• New Jersey Appeals Court Upholds Disabled Guard’s $236,000 Award
• The Poisoned Pen of Fort Lyon Prison by Alan Prendergast (p 1)
• Fed Prisoner's Conviction for Possessing Body Armor Affirmed
• Oklahoma Discipline Vacated Following Ruling in Gamble; No Evidence Violates Due Process
• Statute of Limitations May Toll While Prisoner Exhausts Administrative Remedies
• Once Court Orders Arrestee Held, Police Have No Duty to Investigate Mistaken Identity
• Fed Prisoner Wins FOIA Action Requesting Informant's Names
• New Jersey District Court: Reargument Granted in PHS Negligence Claim
• OH DOC Not Required to Take Prisoners Outside of Prison for Religious Rites
• 3 Strikes And You’re Out - Usually
• PA Prisoner's Civil Rights Action Viable Because Factual Dispute Exists
• Alleged Inappropriate Delay in Prisoner’s Hep C Treatment States 8th Amendment Claim
• Guards’ Failure to Enforce Prison No-Smoking Policy May Violate 8th Amendment
• OH Mental Health Service Not Subject to Public Records Act
• Reassignment of Right to Seek Attorney Fees Not Reassignable
• Records Unsealed, Doors Re-opened to Proceedings in Maryland Police Shooting Settlement
• Right to Know Act Not Need Based, Only Statutory Definitions Required
• Nebraska Tort Law Notice Inapplicable to Medical Contractor
• Records Requested by Victim Ordered When Police Failed to Justify Lawful Exemption
• California Lifer Entitled to New Parole Hearing, but Not Limited to Just “New Evidence”
• Police Test Scores Disclosure Ordered Under Pennsylvania's Right to Know Law
• Police Informant's Identity Protected; Investigation Spurred by Accusation Merit Less
• Private Parties Cannot Contract Away Right to Access Public Records
• Protection from Personal Document's Disclosure Does Not End With Death in Pennsylvania
• Psychological Records' Denial Upheld; Specificity in Request Required under Pennsylvania Act
• California Lifer’s Governor-Parole-Reversal Tossed by State Court by Marvin Mentor
• Court Orders Disclosure of Witness' Information Regarding Lethal Injection Executions in Pennsylvania
• Documents Explaining $145 Million Paycheck from Commonwealth Public Funds Not Discloseable
• Pennsylvania DOC's Nondisclosure of Documents Regarding Chemical Incident Upheld by Court
• Pennsylvania Settlement Agreement Ordered Disclosed for Involvement of Public Funds Disbursement
• Illinois Seizes Prisoner’s Life Insurance Inheritance
• Videotape Confidentiality Claim Requires Specifics of Reasoning for Review
• Disclosure of Drug Detecting Devices and Specific Operation Details at Prison Prohibited
• Conflicts in Statute Regarding Document Disclosures Yield to Right to Know: Settlement Ordered Released
• Documents Exempt from Viewing under Public Records Act Allowed with Confidentiality Agreement
• Municipal Agreements with Contract Insurance Agencies are Public Record
• Commutation Decision, Not Reasoning, Discloseable Under Act in Board of Pardon's Denial
• Washington Strip Search Statute Narrowly Construed; Inapplicable to Arrestees Confined Pending Release
• Non-English Speaking Fed Prisoner Entitled to Representative at Prison Disciplinary Hearing
• Settlement Involving Public Funds Discloseable Absent Contractual Confidentiality or Statutorily Protected Provisions
• Police Documents Sought under Public Records Act Exempt for Irreparable Harm Probability
• Prisoner's History of Protection and Notice of Danger Defeats Summary Judgment
• OH Prisoner's Attorney's Rule 11 Sanctions Nullified
• Native American Legally Civilly Committed
• Tenth Circuit Applies Harmless Error in Prison Discipline
• Conflicting State Statutes Require Reversal of Massachusetts Riot Convictions
• Federal Statute Requiring Supervised Releasee to Submit DNA Sample Unconstitutional
• Class Status Granted to Illinois Prisoners for Nonconsensual STD Tests
• SJ Reversed on Massachusetts Religious Diet Claims; MA Constitution Affords Greater Protections than U.S. Constitution
• Parole Officers Must Knock and Announce Before Entering Parolee's Domicile
• Notice Pleading Requirement, Not Factual Pleading, Applies to Access to Courts Claim
• BOP Must Grant Juveniles Time Served Credits
• New York Court Allows Garnishment of Military Pay for Crime Victim's Judgment
• SJ Reversed on PO Unreasonable Search/Detention Claims
• WI Sex Offender Wrongly Forced to Consent to Videotaping of Treatment Sessions
• Parolee's Conviction Reversed for Illegal Probation Search
• Ninth Circuit: Heck Favorable Termination Rule Applies to Civil Commitments
• Relief for Unconstitutional Mississippi Death Row Conditions Affirmed on Appeal by Bob Williams
• Virginia Jail Pay-to-Stay Fee Constitutional by Bob Williams
• First Circuit Upholds Ex-Boston Guard’s 46-Month Prisoner-Abuse Sentence by Matthew Clarke
• Texas Parole Law Remanded for Ex Post Facto Ruling by Gary Hunter
• First Circuit Upholds $500,000 Award for Whistle-Blowing Boston Guard by Matthew Clarke
• Removal to Federal Court Denied State Court Jurisdiction
• Repatriated Federal Prisoner's Sentence Properly Calculated Under American Law
• Tennessee Prisoners Must Verify Truth of Petitions for Relief from Sentences
• Wrongful Death Suit Reinstated for Plaintiff Substitution; Dismissed Again
• California Appellate Court Overturns $177,000 Prisoner Beating Verdict
• IL Warden Properly Fired for Being a Republican
• Federal Prison Must Disclose Part of Investigation Manual
• Strip-Searched Jail Arrestees May be Certified as Class for Liability
• Taser Shareholders Accept $20 Million in Security Fraud Action Pending Court Approval
• Food Deprivation & Pink Clothing Imposed for Violating South Carolina Prison Rules by David Reutter (p 10)
• From the Editor by Paul Wright (p 10)
• Largest Oregon Jail a Cesspool of Misconduct and Mismanagement, Report Finds; Sheriff Faulted and Under Fire by Mark Wilson (p 12)
• Retired Canadian Football-Star-Turned-Prison-Official Faulted by Gary Hunter (p 14)
• Texas Prisoners May Have Right to Extra Storage Space for Religious Materials by Matthew Clarke (p 15)
• Audit Reveals Continuing “State of Chaos” at Hawaii Youth Prison (p 16)
• As New Regulations Limit Organ Transplants from Executed Chinese Prisoners; South Carolina Allows Organ Donations by Prisoners (p 16)
• Oklahoma Jail Dodges $700,000 in Fines by Gary Hunter (p 18)
• Utah Prisoner Kills Guard During Escape While on Medical Transport by David Reutter (p 18)
• CCA-Run Immigrant Family Detention Center in Texas Violates Settlement Conditions by Matthew Clarke (p 20)
• $195,000 Paid to Family of Slain Florida Prison Guard by David Reutter (p 21)
• Alabama Corrections Commissioner’s Contempt Order Upheld (p 22)
• Los Angeles Jail Canteen Audit: Contractor Rakes In $640,213 Excess Profits by John Dannenberg (p 22)
• California Prison Guards Lose Unlimited “Time Bank” For On-The Job Union Business by Marvin Mentor (p 23)
• Lawsuit Against WI Supermax Settled for $475,000; General Population Prisoners Fill Beds (p 24)
• No Criminal Wrongdoing Found in Overpayments to Florida Private Prisons by David Reutter (p 24)
• Prisoner Crashes Jet Ski into Dock in Camden County, Georgia (p 25)
• Most Serious Sex Offenders in Boston Living in Homeless Shelters (p 26)
• New York City Settles Prisoner-On-Prisoner Assault for $180,000 (p 26)
• Iowa Faith-Based Program Held Unconstitutional by 8th Circuit; Continues with Private Funding (p 27)
• Hawaii Youth Prison Financial Audit Finds Excessive Overtime/Leave Abuses (p 28)
• Eighth Circuit Upholds Arkansas Jailer’s 78-Month Sentence for Brutalizing Prisoners (p 28)
• Self-Defense: A New Jersey Prisoner’s Right (p 29)
• Wrongful Death Suit Against LA County Jail Settles For $750,000 (p 30)
• Eighth Circuit Holds State Funding of Iowa Faith-Based Prison Unconstitutional by Michael Rigby (p 30)
• California Jail Settles Gender-Identity-Disorder Discrimination Suit by John Dannenberg (p 31)
• $35,000 Jury Award in Massachusetts Prisoner’s Assault by Guards (p 32)
• BOP Byline Prohibition Unconstitutional by David Reutter (p 32)
• Washington Pays $665,000 to Prisoner Injured In Racially Motivated Attack (p 33)
• Connecticut Prisons Begin 10% Deductions of Prisoner Monies (p 34)
• Vermont DOC: Nations Biggest Prison Dispenser of Psychotropic Medication (p 34)
• United States Sentencing Commission Approves Crack Reform For Federal Prisoners (p 35)
• Seventh Circuit Rejects Federal Prisoner’s Necessity Defense (p 36)
• $25,000 Settlement in Miami False Arrest, Strip Search Suit (p 36)
• Eleventh Circuit Condemns One-Sentence Qualified Immunity Denial Order (p 36)
• Some Australian Prisoners Entitled to Vote (p 37)
• Summary Dismissal of Court Access Claim Reversed (p 38)
• Fourth Circuit Finds Virginia Prisoner’s Religious Exercise Claim Meritorious by Michael Rigby (p 38)
• California: 1st Degree Occupied Burglary Doesn’t Bar Working in Licensed (p 40)
• Michigan Anti-Civil Rights Amendment Declared Unconstitutional by John Dannenberg (p 40)
• Prisoner’s Oral Complaints Worthy of First Amendment Protection; (p 41)
• News in Brief: (p 42)
• Bivens Action Inapplicable to Private Prison Employees (p 44)