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Archive: 2010

December

• The Graying of America’s Prisons by James Ridgeway (p 1)
• $10.5 Million Settlement in Tennessee Juvenile’s Death Caused by Guard’s Chokehold (p 6)
• From the Editor by Paul Wright (p 6)
• Audits of Tennessee DOC Reveal Deficiencies by Mark Wilson (p 8)
• Washington State Federal Court: Unconstitutional to Shackle Prisoner in Labor by Matthew Clarke (p 10)
• $1.5 Million Settlement in Suffolk County Jail Class Action Toilet Suit (p 10)
• Breaking Free: Prisoners Find Voice in Zines by Danielle Maestretti (p 12)
• Florida Prison Guards Plead Guilty to Federal Cocaine Charges (p 13)
• Virginia Grand Jury Finds Misconduct at County Jail by Michael Brodheim (p 14)
• $1.8 Million Settlement in New Mexico Woman’s Attempted Jail Suicide by David Reutter (p 14)
• Washington Commission Finds AT&T is Prison Collect Call Provider by Mark Wilson (p 16)
• Colorado Closes Boot Camp Program by David Reutter (p 16)
• Massachusetts Clerk Magistrates and Assistants Pocket Millions in After-Hours Fees by Matthew Clarke (p 18)
• Texas Sues Former Prisoner Over Unauthorized Practice of Law by Matthew Clarke (p 19)
• $4 Million Settlement in R&B Singer’s Death from Drug Withdrawal in Ohio Jail for Failure to Pay Child Support (p 20)
• Oregon Jail Beating Nets $500 Jury Award Plus $27,500 in Attorney Fees by Mark Wilson (p 20)
• Illinois Eliminates Computer, Business Classes for Prisoners (p 21)
• Class Certification Upheld for Louisiana Toxic Train Derailment Near Prison (p 22)
• Over $26 Million Owed for Forfeited Bail Bonds in Harris County, Texas by Matthew Clarke (p 23)
• New York Prison Officials Ordered to Produce Prisoner’s Grievances in Discovery (p 24)
• Steep Surcharges for Driving Violations Clog Texas Courts, Create Criminals by Michael Rigby (p 24)
• Three Top Illinois DOC Officials Sacked; Director Resigns (p 25)
• Maryland Law Counts Prisoners According to Pre-Incarceration Residence by Michael Rigby (p 26)
• Florida: Judgment for Female Prison Staff Alleging Sexual Harassment by Prisoners Affirmed (p 26)
• Suspected Norovirus Strikes Oregon Women’s Prison (p 27)
• Wexford Pays $300,000 in Illinois Prisoner’s Death (p 27)
• Wisconsin Law Prohibiting Hormone Treatment for Prisoners with Gender Identity Disorder Found Unconstitutional by Matthew Clarke (p 30)
• Failure of CMS Nurses and Doctor to Properly Treat Broken Leg Overcomes Summary Judgment (p 30)
• Sixth Circuit Reverses Summary Judgment for Dentist Who Failed to Provide Temporary Filling (p 31)
• Indian Jail Opens Private Outsourcing Program by Matthew Clarke (p 32)
• Former Utah Prison Guard Ordered to Pay Over $1.4 Million for Raping Prisoner by Derek Gilna (p 32)
• Taser Timeout by Kelly Virella (p 34)
• California: 15% Work Credit Limitation Based on Stayed Violent Convictions Applies to Non-Violent Controlling Offense by John Dannenberg (p 38)
• New Jersey Prison Supervisory Officials Found Liable for Prisoner Abuse Claims by Derek Gilna (p 38)
• California: Prison Industry Board Not Exempt from Civil Service Rules by Michael Brodheim (p 40)
• California: Gilmore Injunction Over Prison Libraries Terminated After 38 Years (p 40)
• Ohio: Former Corrections Director Prohibited from Consulting on Jail Issues for 12 Months After Retirement (p 40)
• U.S. Prison Population Declines in Second Half of 2009 (p 42)
• U.S. Supreme Court Holds Eighth Amendment Prohibits Life Without Parole for Juveniles Not Convicted of Homicide by Brandon Sample (p 42)
• Iowa Prisoners Perform Private Sector Work for Parole Board Member (p 43)
• U.S. Supreme Court Holds Federal Civil Commitment Statute Lawfully Enacted by Brandon Sample (p 44)
• 7,000+ Federal Prisoners Given Pink Slips by Mark Wilson (p 44)
• Florida Disciplinary Record Must Prove Constructive Possession of Contraband (p 45)
• Michigan Prison System Exceeds Budget, Again (p 46)
• $195,000 Award for Injury Resulting from NY Prison Garbage Detail (p 46)
• Maricopa County, Arizona Settles Prisoner Suicide Claim for $125,000 (p 47)
• $850,000 Verdict in Nebraska Prisoner’s Suicide (p 48)
• PLN Wins Public Records Ruling Against California Prison System by Matthew Clarke (p 48)
• AMA Passes Resolution Prohibiting Shackling of Pregnant Prisoners in Labor (p 48)
• U.S. Supreme Court Holds Significant Injury Unnecessary for Excessive Force Claims by Brandon Sample (p 49)
• News In Brief: (p 50)

November

• Controversial Report Criticizes Director of Idaho Parole Commission by Matthew Clarke (p 1)
• Private Prison Companies Behind the Scenes of Arizona’s Immigration Law by Beau Hodai (p 1)
• Take Action to Oppose the Nomination of Stacia Hylton to Direct the U.S. Marshals! by Alex Friedmann
• Suit Filed Against Use of Rapiscan on Detention Facility Visitor by David Reutter (p 10)
• From the Editor by Paul Wright (p 10)
• Oregon: Prosecutors, Victims Kill Money-Saving Increased Sentence Reduction Law by Mark Wilson (p 12)
• Child Porn Investigations May Snare the Innocent by Michael Rigby (p 14)
• $2 Million Award in Maryland Prisoner’s Work Crew Death (p 17)
• Sex Scandal Rocks Oregon’s “Camp Cupcake” Women’s Prison – Again by Mark Wilson (p 18)
• Investigation Reveals Montana Prisoner Had Relationships with Five Female Staff (p 21)
• Wish You Were Here! Jails Adopt Postcard-Only Mail Policies (p 22)
• Reach Out and Defraud Someone: Oregon Jail Prisoners Commit Phone Scams by Mark Wilson (p 24)
• New York Prison Official Nets $500,000 in Fraudulent Scheme; Audit Finds 17 Years of Unchecked Corruption by Mark Wilson (p 25)
• “Grill” Removal Results in $95,000 Settlement by Tennessee Jail (p 28)
• Feds Decline to Pursue Charges in Florida Boot Camp Death (p 28)
• Privacy Concerns Raised Over New Law Enforcement Data Mining Technology by David Reutter (p 30)
• Former Florida Judge Profiting from Probation Classes that State Offers for Free (p 30)
• Did Haitian Police Murder Over a Dozen Unarmed Prisoners? by Matthew Clarke (p 32)
• That’s a Lot of Honeybuns: Texas Prison Commissaries a $95 Million-a-Year Business by Matthew Clarke (p 34)
• Washington State Prisoner Who Requested Public Records Entitled to Joinder in Non-Disclosure Injunctive Action (p 36)
• Washington State Pays $6.4 Million for Failure to Supervise Parolee (p 37)
• Native American Firms Reap Large Profits from Immigrant Detention Contracts by Derek Gilna (p 38)
• PLN Sues South Carolina Jail that Bans All Reading Material Except Bibles (p 38)
• California Supreme Court Restricts Remedies in Remands for New Parole Board Hearings by John Dannenberg (p 40)
• Fifth Circuit Delineates Process Due Before Imposition of Sex Offender Parole Conditions by Matthew Clarke (p 42)
• Texas Democrat Politicians Keep Private Prison Consulting in the Family by Matthew Clarke (p 42)
• Washington State: Settlement Requires Pierce County to Provide Educational Opportunities to Jailed Youths (p 44)
• Post-Katrina Circumstances Excuse Holding Prisoner Beyond Indictment Deadline (p 44)
• Audit Finds Oregon Victims Denied Restitution; Prosecutors Largely to Blame (p 45)
• Prisoner Deaths Continue at King County Jail Despite DOJ Intervention by Mark Wilson (p 45)
• PLN Settles Censorship Suit Against Virginia DOC for $125,250 (p 46)
• $2.16 Million Judgment for Prisoner Raped by BOP Guard (p 47)
• North Carolina Lacks Control and Overpays for Prisoner Health Care by David Reutter (p 48)
• Ninth Circuit Rebuffs California’s Attempt to Terminate CDCR Medical Receivership by Michael Brodheim (p 48)
• News In Brief: (p 50)

October

• Crime Labs in Crisis: Shoddy Forensics Used to Secure Convictions by Matthew Clarke (p 1)
• Prisoners of the Census in New York: Democracy on the March! by Eric Lotke (p 18)
• From the Editor by Paul Wright (p 22)
• New York Prisons Avoid Budget Axe by David Reutter (p 23)
• Are Doctors Complicit in Prison Torture? The Maine Medical Community Looks at Solitary Confinement by Lance Tapley (p 24)
• State Auditor Issues Report on Washington Department of Corrections (p 26)
• $13 Million Settlement in DC Mass Arrest of Protestors by David Reutter (p 26)
• Settlement Allows North Carolina Prisoners to Receive Compensation for Writings by David Reutter (p 28)
• Expanded Eligibility for New York Medical Parole Has Little Effect by Matthew Clarke (p 30)
• Ex-Cons Face Tougher Job Market in Great Recession by David Reutter (p 30)
• Governing Through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear, by Jonathan Simon (Oxford University Press 2007), 344 pages by Ian Head (p 32)
• New York Prison Chaplain Accused of Smuggling Weapons (p 33)
• Prisoners’ Self-Help Litigation Manual, 4th Edition, by John Boston and Daniel Manville, Oxford University Press, 960 Pages, $39.95 by Paul Wright (p 34)
• Former President of Florida Sheriff’s Association Enters Plea in Kickback Scheme by David Reutter (p 34)
• $3.125 Million in Settlements in Oregon Prisoner’s Beating Death (p 35)
• Tennessee Judge Facing Misconduct Charges Tries to Depose Disciplinary Counsel by Matthew Clarke (p 36)
• Pennsylvania Prisoner Awarded $185,000 in Civil Rights Claim; Harassment Continues by David Reutter (p 36)
• Ninth Circuit Says Qualified Immunity Warranted for Comb-Binding Denial by Mark Wilson (p 37)
• Virginia Issues Report on Monitoring of Sex Offenders Subject to Registration (p 38)
• Washington Prisoners Need Not Show Prima Facie Case Upon Challenging Prison Discipline by David Reutter (p 38)
• Georgia Ends Contact Visits for Death Row Prisoners by David Reutter (p 39)
• Texas Controversy: Governor Guts Forensic Science Commission by Matthew Clarke (p 40)
• Seventh Circuit Upholds Ban on Dungeons & Dragons by Brandon Sample (p 42)
• For Lease: Never-Used 525-Bed Oregon Jail, $45 Million or Best Offer by Mark Wilson (p 42)
• New York Prison Superintendents Live in Lap of Luxury on Taxpayer Subsidy (p 43)
• Third Circuit Reverses $642,398.57 Attorney Fee Award for RFRA Claim by Immigration Prisoner (p 44)
• U.S. Supreme Court: No Bivens Remedy Available Against PHS Staff by Brandon Sample (p 44)
• Fraudsters Sentenced in Cornell Prison Construction Scheme by Brandon Sample (p 45)
• Successful Appellate Ruling Invalidating Statute Creates Prevailing Party for Attorney Fee Award by David Reutter (p 46)
• Exhaustion Excused Where Warden Misled Prisoner During Grievance Process by Brandon Sample (p 46)
• Ninth Circuit: Los Angeles County Not Liable for Occasional Over-Detentions by Michael Brodheim (p 47)
• Sexual Abuse of Youths at Tennessee Juvenile Facility Widespread by David Reutter (p 48)
• Female Assistant Attorney General Pleads Guilty in Wife-Beating Case by Mark Wilson (p 48)
• Fake Rape Claim Puts Woman in Prison by Brandon Sample (p 49)
• News in Brief: (p 50)
• Limitations Period in Suit Over Delay in Providing Surgery Begins When Prisoner is Recommended for Surgery by Brandon Sample (p 52)

September

• Thou Shalt Not: Sexual Misconduct by Prison and Jail Chaplains by David Reutter (p 1)
• From the Editor by Paul Wright (p 2)
• Clergy Who Advocate for Prisoners Barred from Prisons and Jails (p 10)
• Federal Court Finds Nation of Islam Publication Not Racially Inflammatory by David Reutter (p 11)
• $35,000 Settlement in Indiana Jail Failure to Protect and Medical Care Suit by David Reutter (p 12)
• Boulder Weekly Investigation Ends the Practice of Shackling Colorado Prisoners in Labor by Pamela White (p 14)
• $10 Million Settlement for Former Colorado Prisoner Cleared by DNA by David Reutter (p 17)
• Prison Nursery Programs Promote Bonding, Reduce Recidivism by Gary Hunter (p 18)
• Texas Judge Sharon “Killer” Keller Receives Sanctions (p 20)
• Court Rebuffs BOP for Third Time in PLN Records Suit by Brandon Sample (p 21)
• Failed Extortion Scheme Led to Washington Prisoner’s Suicide Attempt, Lawsuit Says by David Reutter (p 22)
• Deplorable Conditions at Los Angeles ICE Facility Result in Settlement by Brandon Sample (p 22)
• $2 Million in Settlements for Wrongful Arrest, Conviction in Ohio (p 23)
• Five Sentenced in Oregon Prison Food Bribery Scandal by Mark Wilson (p 24)
• Technology, Budget Cuts Make Sex Offender Monitoring More Difficult by Matthew Clarke (p 24)
• Wisconsin Doctor Sentenced for Sexually Abusing Prisoner Patients (p 26)
• Congress Passes Law to Reduce Crack/Powder Cocaine Sentencing Disparity by Anthony Papa (p 26)
• Former Prisoner Accepts $179,000 for Wrongful Conviction Under New Florida Law by David Reutter (p 27)
• Alabama’s Indigent Defense System “Perfect Storm” for Ineffective Assistance by David Reutter (p 28)
• Ohio Cuts Prison Industry Jobs by Matthew Clarke (p 28)
• $130,000 Settlement in Tennessee Jail Prisoner’s Beating, Rape (p 29)
• Pay-to-Stay Jails Unsuccessful in Ohio by David Reutter (p 30)
• U.S. Supreme Court Holds Restitution Deadlines Not Jurisdictional (p 30)
• U.S. Department of Agriculture Subsidizes Jail Building in Texas (p 31)
• Democratic Chairman’s Rhetoric Supports Restoration of Voting Rights, but Actions Speak Louder than Words by David Reutter (p 32)
• $850,000 Award in Delaware Prisoner’s Suicide; State Declines to Renew CMS Contract (p 32)
• U.S. Supreme Court Holds Government May Offset Attorney Fees to Collect Litigant’s Debt (p 33)
• Pennsylvania Legislator / GEO Board Member Faces Criminal Charges by Matthew Clarke (p 34)
• Innocence Project Report on Compensation and Reentry Services for Exonerated Prisoners by Matthew Clarke (p 34)
• Former Oregon Prison Guard, Accused of Contraband Smuggling and Sexual Misconduct, Files Suit Alleging Racism by Mark Wilson (p 36)
• Suit Filed for Oregon Jail Pneumonia Death (p 37)
• 14 Years of Litigation Fails to Remedy Deficient Jail Medical Care; Herrera Saga Continues in Washington State (p 38)
• Registered Sex Offender Remained on City Payroll While Incarcerated by Michael Brodheim (p 40)
• Oregon Politician Visits Prison, Proposes Porn Ban by Mark Wilson (p 41)
• Arizona Attempts Prison System Sell-Off by Brandon Sample (p 42)
• $1 Million Award in New York State Prisoner’s Death Caused by Medical Malpractice (p 42)
• Another Way for CCA to Influence Congress by Matthew Clarke (p 44)
• The New Jim Crow: Mass Incarceration in the Age of Colorblindness, by Michelle Alexander (N.Y., The New Press, 2010). 290 pages. by Mumia Abu-Jamal (p 44)
• California: Last Two of Five Guards Charged in Prisoner’s Death Get Prison Time (p 45)
• Justice Thomas’ Wife Creates “Nonpartisan” Political Organization by David Reutter (p 46)
• U.S. Supreme Court Rejects Federal Good Time Challenge by Brandon Sample (p 46)
• New Jersey Prison Guards Fake Electrocution by Brandon Sample (p 47)
• $2.9 Million Settlement in Suit against GEO over Suspicionless Strip Searches by Matthew Clarke (p 48)
• Mississippi Stops Segregating HIV-positive Prisoners (p 48)
• GEO Group Settles $47.5 Million Texas Prisoner Wrongful Death Suit (p 49)
• New York City Jail Prisoner Awarded $1.3 Million in Deliberate Indifference to Assault Claim (p 49)
• News in Brief: (p 50)

August

• Everything Revolves Around Overcrowding: The State of California’s Prisons by Donald Specter (p 1)
• From the Editor by Paul Wright (p 9)
• Wheelchair-bound Texas Escapee Produces Pistol, Commandeers Transport Van by Matthew Clarke (p 10)
• U.S. Supreme Court: Counsel Must Advise Immigrant Defendants of Deportation Risks (p 11)
• Controversy Over Texas Attorneys Charging Questionable Fees in Wrongful Conviction Cases by Matthew Clarke (p 12)
• Incomplete DNA Databases Result in Tragic Consequences by Justin Miller (p 14)
• $4.3 Million Award in Preventable Death of Cook County Pretrial Detainee by David Reutter (p 14)
• Texas Youth Commission Pays $625,000 to Settle Abuse Suit by Gary Hunter (p 16)
• Obama’s 2011 Budget Calls for More Prisons, More Guards by Brandon Sample (p 18)
• Exorbitant Prisoner Phone Rates Pass New York Constitutional Scrutiny by David Reutter (p 18)
• Aryan Warriors Prison Gang Prosecuted in Nevada by Gary Hunter (p 20)
• Prisoner’s Homicide at Maryland Jail Not Prosecuted by Gary Hunter (p 22)
• $500,000 Settlement in Maryland Prisoner’s Death from Pepper Spraying by David Reutter (p 22)
• DOJ Investigation into New York Jail Finds Unconstitutional Conditions by Justin Miller (p 24)
• California Official Resigns from State Post, Hired by Federal Receiver (p 25)
• Washington DOC Pays $3,275,000 to Family of Deputy Killed by Former Prisoner (p 26)
• U.S. State Prison Population Declines for First Time in a Decade by Justin Miller (p 26)
• New Jersey’s Riverfront Prison Demolished by Justin Miller (p 27)
• “Back to School” is a Guide to Success Following Release from Prison by Gary Hunter (p 28)
• ICE Policies and U.S. Deportation Laws Violate Human Rights by Gary Hunter (p 28)
• Problems Persist at Privately-Operated Rhode Island Jail by Justin Miller (p 30)
• U.S. Department of Justice Releases 2008 Capital Punishment Statistics by Matthew Clarke (p 30)
• Maricopa County Throws Sheriff Arpaio Under Improperly Purchased Bus (p 32)
• North Carolina Innocence Commission Verifies Wrongful Conviction by Matthew Clarke (p 32)
• Wisconsin: Taycheedah Lawsuit Set for Trial by Michael Brodheim (p 34)
• California Prison Health Care System Plagued by Understaffing, Overtime by Michael Brodheim (p 34)
• $140,000 Settlement in Washington Jail Detainee’s Suicide (p 35)
• Prosecutorial Misconduct Case Pending Before Supreme Court Settles for $12 Million by Brandon Sample (p 36)
• California: Audit Finds CDCR Overpaid Employees Who Supervise Prisoner-Workers by Michael Brodheim (p 36)
• New Picture on Violence in Federal Prisons by Brandon Sample (p 37)
• Released Prisoners More Likely to Die by Brandon Sample (p 38)
• Maricopa County Detention Officer Held in Contempt for Taking Document from Defense Counsel’s File by Matthew Clarke (p 38)
• Louisiana Judge, Attorneys Plead Guilty to Bribery Charges by Michael Brodheim (p 40)
• Maryland Prison Guards Busted for Helping Gang Members by Gary Hunter (p 40)
• New York City Jail Settles Excessive Force Suit for $62,001 (p 41)
• Seventh Circuit: Catholic Prisoner’s Religious Diet Lawsuit Remanded by David Reutter (p 42)
• Physician Assisted in Botched Execution Attempt in Ohio by Matthew Clarke (p 42)
• Whole Foods Farms out Fish Farming to Colorado Prisoners by Justin Miller (p 43)
• SORNA Challenges Produce Mixed Results; Supreme Court Weighs In by Brandon Sample (p 44)
• Washington Supreme Court Holds No Judicial Immunity for Non-Judicial Conduct (p 45)
• Ninth Circuit: No Qualified Immunity for Refusing to Feed Prisoner by Mark Wilson (p 46)
• $145,000 Settlement by New York City After Holding Immigration Detainee Beyond 48 Hours by David Reutter (p 46)
• Washington DOC Settles MRSA Death Claim for $125,000 by Brandon Sample (p 47)
• Kentucky Law Retroactively Applied to Award Street Credit (p 48)
• Washington DOC Agrees to Pay $38,000 in Too-Much-Medicine Suit (p 48)
• $3.5 Million Settlement to Former New York Prisoner Convicted Due to Perjured Testimony (p 48)
• California Prisoner Wins Option of Kosher Meals Until Halal Meals Can be Provided (p 49)
• News in Brief: (p 50)

July

• Federal Prisoners Must Exhaust Before Bringing Habeas Claims Surrounding Halfway House Placement
• $500 Settlement on Prisoner’s Negligence Suit
• D.C. Pays $16,500 Settlement for Prisoner Assault, Broken Jaw
• Assaulted Washington Prisoner Paid $2,500 for Injuries
• Ninth Circuit Okays Class Action Against ICE
• Being Called an Informant Not Defamation
• Washington DOC Pays $5,000 to Man Denied Ability to Work
• City of Flint Settles Mass Arrest and Strip Search Suit for $900,000.00
• Eleventh Circuit Reverses/Affirms Denial of Qualified Immunity in Retaliation Case
• Washington DOC Ordered to Pay $4,534.10 in Public Records Act Suit
• Idaho Supreme Court Vacates No Contact Order Imposed on Sex Offender
• Washington DOC Agrees to Pay $2,300 to Man Kept Beyond Release Date
• Washington DOC Agrees to Pay $5,000 to a Prisoner Who Was Harassed for Filing a Grievance
• Washington DOC Agrees to Pay $15,000 to Settle Public Records Act Suit
• Stabbed D.C. Prisoner Settles Failure to Protect Claim for $17,500
• D.C. Prisoner Settles Excessive Force Suit for $6,000
• Topless Protesters Get $150,000 Settlement
• $440 Awarded to Prisoner for Untimely Public Records Act Disclosure
• Washington DOC Agrees to Pay $1,000 to Prisoner Who Suffered Allergic Reaction
• Injuries Sustained From Glass in Food Net D.C. Prisoner $2,000
• D.C. Prisoner Injured in Bus Accident Settles for $3,500.
• Washington DOC Agrees to Pay $1,000 to Prisoner Who Was Forced to Cut His Hair
• Celebrity Justice: Prison Lifestyles of the Rich and Famous by Matthew Clarke (p 1)
• From the Editor by Paul Wright (p 12)
• California Uses $1.08 Billion in Federal Stimulus Funds to Pay Prison Guard Salaries by Michael Brodheim (p 12)
• New Medical Director at Texas Jail Previously Sanctioned (p 13)
• U.S. Supreme Court to Review California Prison Population Reduction Orders by John Dannenberg (p 14)
• Florida Prison Psychiatrist Resigns; License Revoked Over Sex with Patient by David Reutter (p 15)
• Dallas County Jail Settles Three Medical-Related Suits for $795,000 (p 16)
• Florida’s Civil Rights Restoration Process Insufficiently Funded by David Reutter (p 16)
• Convictions Upheld in Appeal of Lynne Stewart, Attorney to Blind Sheikh, but Case Remanded for Resentencing by Justin Miller (p 18)
• Texas Youth Commission Ombudsman Resigns Following Smuggling Indictment by Matthew Clarke (p 18)
• Pennsylvania County Jail Settles Medical Indifference Suit for $55,000 (p 20)
• Kentucky Lethal Injection Protocol Adopted in Violation of APA by Brandon Sample (p 20)
• Eighth Circuit Upholds $2,501 Retaliation Judgment Against Arkansas Prison Guard (p 22)
• Valley Fever Cases at California Prison Increase in 2009 (p 22)
• Indiana Sex Offender Registration Law Can Not Be Retroactively Applied (p 22)
• Release Conditions Requiring Defendant to Tell Probation Officer about Romantic Relationships Vacated (p 23)
• Only Three States in Compliance with Unfunded Federal Sex Offender Mandates by Matthew Clarke (p 24)
• DNA Exonerations in Georgia Result in Disparate Compensation Awards by David Reutter (p 24)
• Guilty Pleas in Angola Horse Selling Scheme by David Reutter (p 26)
• San Francisco Settles Wrongful Incarceration Cases for $7.5 Million by Michael Brodheim (p 26)
• Canyon County Jail in Idaho Settles Conditions Suit With Consent Decree and $190,000 in Attorney’s Fees by Brandon Sample (p 27)
• U.S. Department of Justice Releases Report on HIV in Prisons (p 28)
• U.S. Senator’s Girlfriend, In-Law Get Department of Justice Jobs by Brandon Sample (p 28)
• South Carolina Settles Prisoner Stabbing Death Lawsuit for $47,500 (p 30)
• California County Jail Settles Wrongful Death Suit for $600,000 (p 30)
• Virginia Sheriff’s Office, PHS Settle Wrongful Death Suit for $1.6 Million (p 30)
• CCA Pays $70,000 in Damages, Attorney Fees to Settle PLN Censorship Suit by Alex Friedmann (p 31)
• Prison-based Call Centers Open in Austria, India by Matthew Clarke (p 32)
• New York Prisoner Beaten, Guards Convicted, GEO Settles Suit for $80,000 by Matthew Clarke (p 32)
• California Counties Vie to House ICE Prisoners by Michael Brodheim (p 33)
• New Jersey DOC Agrees to Let Prisoner Preach (p 34)
• Erroneously Released Texas Prisoner Entitled to Credit on Sentence by Matthew Clarke (p 34)
• Sacramento County Partially Settles Taxpayer Suit Alleging Il-legal Conditions of Confinement in Juvenile Facilities by Michael Brodheim (p 36)
• Media Agencies Intervene to Unseal Records in Prisoner’s Wrongful Death Suit by Brandon Sample (p 36)
• Oregon Offers Early Release to Illegal Immigrants Who Consent to Deportation by Michael Brodheim (p 37)
• The Politics of Death: Throwing Mumia Abu-Jamal Under the Bus by Dave Lindorff (p 38)
• CMS Nurse Denied Summary Judgment for Failure to Treat Prisoner for Heat Illness;$400,000 Settlement Following Sixth Circuit Ruling by David Reutter (p 40)
• Wisconsin County Pays $750,000 to Settle Jail Sex Abuse Suit (p 41)
• Marsy’s Law Enjoined in California by Michael Brodheim (p 42)
• Arkansas Federal Jury Awards $261,000 to Male Prisoner Raped by Male Guard (p 42)
• One in Six HIV-Infected Americans Spent Time in Prison or Jail in 2006 by Michael Brodheim (p 43)
• Houston Police Department Conducted Blood Draw Training on Prisoners by Greg Dober (p 44)
• Second Circuit Ruling in Post-9/11 Immigration Detention Case by Matthew Clarke (p 46)
• Massachusetts Supreme Judicial Court: Sheriff May Not Charge Jail Fees by Matthew Clarke (p 46)
• Sixth Circuit: No Eleventh Amendment Immunity When ADA Claim Includes Fourteenth Amendment Violations by Matthew Clarke (p 48)
• Former New York Corrections Commissioner Receives Four-Year Prison Sentence by Matthew Clarke (p 48)
• Georgia Officials Receive Prison Sentences in Charge-Fixing Scheme (p 49)
• News in Brief: (p 50)

June

• Secret Justice: Criminal Informants and America’s Underground Legal System by Alexandra Natapoff (p 1)
• New Details Regarding Race Riot at USP Florence by Brandon Sample (p 11)
• From the Editor by Paul Wright (p 12)
• Dozens of CIA “Ghost” Detainees Unaccounted For by Matthew Clarke (p 12)
• ACLU Report Applauds Michigan’s Efforts to Reduce Prison Population by David Reutter (p 13)
• Report on Prison Privatization Plagued with Political Connections, Conflicts of Interest, Faulty Data (p 14)
• Habeas Hints: Certificate of Appealability by Kent A. Russell (p 16)
• $315,000 Settlement in Illegal Arizona Police Strip Search (p 18)
• Salt Lake County Agrees to Pay $75,000 to Settle Jail Suicide Suit (p 19)
• 50,000 Illinois Felons Released Without DNA Collection (p 19)
• California Jail Detainee Attacked by Cellmate, Family Accepts $1.85 Million by Michael Brodheim (p 20)
• Book Review: Anne-Marie Cusac, Cruel and Unusual: The Culture of Punishment in America, 336 pp, Yale University Press, $27.50 by Amy Vanderwarker (p 20)
• Georgia’s Privatized Probation System Traps the Poor by David Reutter (p 22)
• Judge Finds Unconstitutional Conditions at Massachusetts Jail, 11 Years After Suit is Filed by Brandon Sample (p 23)
• Ninth Circuit: California Lifers Have No Inherent U.S. Constitutional Right to Parole by John Dannenberg (p 24)
• Report Details Societal Effects of High School Dropout Rates – Including Incarceration by David Reutter (p 24)
• $1,500 Settlement for Wisconsin Prisoner’s Cold Cell Conditions Claim (p 25)
• California: Budget Cuts Target Rehabilitation Programs by Michael Brodheim (p 26)
• Pennsylvania Judges Involved in Corruption Case Face Liability; 5,000 Convictions Thrown Out by David Reutter (p 26)
• $2,750 Settlement in California Prisoner’s Denial of Exercise Claim (p 27)
• Montana State and County Officials May be Liable for Injuries Caused by Private Prisoner Transport Company (p 28)
• NACDL Releases Report on U.S. Drug and Mental Health Courts by Matthew Clarke (p 28)
• PLN Prevails in Public Records Suit Against GEO Group by Alex Friedmann (p 29)
• Virginia Sheriff Sentenced to 19 Months on Corruption Charges (p 30)
• Fifth Circuit: RLUIPA Does Not Create Individual Capacity Cause of Action (p 30)
• Prison Psychologist Shoots Ex-Prisoner Boyfriend, Loses Her License (p 31)
• Georgia Jail Settles PLN Censorship Suit, Pays $149,759.21 in Damages, Attorney Fees (p 32)
• Oregon Prison Officials Treat Heart Failure with Antacid, Tylenol, Heat Pack by Mark Wilson (p 32)
• BOP Agrees to Pay $30,000 to Prisoner Assaulted by Guards (p 33)
• New Jersey: Class-Action Status Granted in Suit Challenging Conditions of Confinement at Passaic County Jail by Michael Brodheim (p 34)
• Oregon Youth Authority Warden Gives Agency a Black Eye (p 34)
• U.S. Attorney Nominees Involved in Hiding Court Records by David Reutter (p 35)
• California: Furloughing Prison Employees Costing Taxpayers More by Michael Brodheim (p 36)
• $60,000 Settlement in New York Jail Captain’s Assault on Prisoner (p 36)
• Sixth Circuit: Shy Bladder Suit Returned to District Court (p 37)
• Florida Prisoner Exonerated by DNA After Serving 35 Years by David Reutter (p 38)
• Being in Unauthorized Jail Area Without Escape Intent Not a Crime in Indiana (p 38)
• Fourth Circuit Holds Individual Capacity Damage Claims Unavailable Under RLUIPA (p 38)
• Ninth Circuit Holds Prosecutors Immune for Parole Recommendations by Mark Wilson (p 39)
• Ninth Circuit: Race-Based Prison Lockdowns Must Satisfy Strict-Scrutiny Standard (p 40)
• New York Prisoner Gets Mixed Verdict in Retaliatory Beating Ruling (p 40)
• Federal Circuit Rejects Prisoner’s Claim of Copyright Infringement (p 41)
• DC Circuit Reverses CCA/TransCor Non-Exhaustion Dismissal (p 42)
• Summary Judgment Reversed in Illinois Jail Suicide Suit (p 42)
• California: Indefinite Civil Commitment of Sexually Violent Predators May Violate Equal Protection (p 43)
• Mental Health Specialist May be Liable in California Jail Detainee’s Suicide (p 44)
• Reversal of Summary Judgment on 55-Day New York SHU Placement Claim (p 44)
• New York’s Catch-All Contraband and Anti-Smuggling Rules Unconstitutionally Vague (p 45)
• No Liberty Interest Under Utah Parole Scheme (p 46)
• No Qualified Immunity for Excessive Force at Ohio Jail (p 46)
• Sixth Circuit: RLUIPA Does Not Permit Monetary Damages (p 47)
• Ineffective Attempts to Protect Texas Prisoner Were Sufficient (p 47)
• No Qualified Immunity for Denial of Protective Custody to Ohio Prisoner (p 48)
• Illinois: Disabled Detainees’ Discrimination Claims May Proceed to Trial (p 48)
• New York City Jail: $275,000 Settlement in Prisoner-on-Prisoner Assault (p 49)
• California: Prison Appeals Coordinator Who Rejected Dental Complaints Held Liable for $1,500 in Damages (p 49)
• News in Brief: (p 50)

May

• Utah Sex Offender Registration Injunction Vacated
• New York State Jury Awards $10,000 for False Imprisonment
• Plaintiff Wins $460,000 in Excessive Force Case
• Washington Prisoner Sexual Abuse Claim Nets $45,000 Settlement
• Sacramento County Agrees to Pay $2,219.01 to Settle False Imprisonment Claim by Brandon Sample
• Arizona State Jury Awards $275,000 for Negligent Medical Care
• Pierce County, Washington Pays $6,250 Settlement for Negligence of Dental Care
• $100,000 Settlement for City of New York Police Unit’s Excessive Force against Homeless Man Seeking Work
• District of Columbia to Pay $150,000 for Violation of Minor's Rights
• Sacramento County Agrees to Pay $500 to Settle Slip and Fall Suit
• New York State Jury Awards $50,000 for False Arrest and Malicious Prosecution
• Washington DOC Pays $35,000 in Discrimination Suit
• Sacramento County Agrees to Pay $7,500 to Settle Slip and Fall Claim
• Costs Awarded to Prisoner; Denied to Defendants Due to Plaintiff’s Indigency
• Sacramento County Agrees to Pay $1,000 to Settle Claim of False Imprisonment
• Sacramento County Agrees to Pay $100,000 to Settle Inadequate Medical Care Suit
• Missoula County Settles Medical Treatment Denial Suit for $5,000
• Sacramento County Agrees to Pay $7,500 after Prisoner Fell from Bunk
• Massachusetts DOC Agrees to Pay $15,000 to Settle ADA Suit
• $1.5 Million Settlement in New York City False Arrest Suit
• Pierce County, Washington Pays $1,500 for Vehicle Damage
• Pierce County, Washington Unlawful Imprisonment Results in $1,000 Settlement
• $25,000 Federal Jury Award For Racial/Sex Discrimination by TDCJ
• Pierce County Washington Unlawful Imprisonment Results in $5,000 Settlement
• Judge Recommends Denial of Suppression Motion Related to Recordings Obtained from CCA
• TDCJ Pays $43,000 in Settlement of Traffic Accident Liability
• Washington State Settles Wrongful Imprisonment Claim for $5,000
• TDCJ Settles Racial Discrimination Case for $10,000
• Washington State Pays Employee $1,152.99 for Damage to Car
• Washington State Agrees to Pay DOC Employee $275,000 to Settle Gender Discrimination Claim
• District of Columbia Pays $6,000 for Breach of Duty of Care
• $1,000 Claim Settlement for Washington State Prisoner Injured in Fall
• Washington State Settles Prisoner's Premises Defect Suit for $5,000
• Washington DOC Agrees to Pay $8,685.60 to Prisoner Hurt in Van Accident
• Pierce County, Washington Pays $2,500 Settlement for Violation of Civil Rights and Missing Vehicle
• Prisoner Convicted of Retaliating Against Federal Witness
• Sacramento County Agrees to Pay $25,000 after Jail Failed to Give Prisoner Immunosuppressant Medication
• Colorado Sheriff Liable for Guard’s Sexual Assault on Detainee
• Ninth Circuit Holds VA Benefits can Be Used to Help Pay for Incompetent Veteran's Subsistence
• Tenth Circuit Upholds Use of Stun Belt on Defendant
• Washington DOC Pays Prisoner $1,000 for Injury
• Washington State Pays $1,200 for Property Damage Incurred in Botched Arrest Warrant
• Federal Court Upholds Kansas Prison Regulation Banning Publications Depicting Bare Buttocks
• Pierce County, Washington Pays $8,460 Settlement for ADA Violation
• Washington DOC Pays Work Release Prisoner Back $3,660 Confiscated in Room Search
• Arizona Sheriff to Pay $275,000 for Negligence of Jail Staff
• Sacramento County Settles Prisoner Abuse Suit for $1,000
• $300,000 Settlement in City of New York Jail Slip and Fall
• Washington State Settles DOC Disability Accommodation Suit for $30,000
• TDCJ Pays $50,000 to Settle Racial Discrimination Suit
• Deportation Order Not Determinative of SSOSA Sentence in Washington State
• Washington DOC Agrees to Pay $1,000 to Prisoner Who Fell from His Bunk
• Washington DOC Pays $5,000 to Settle Disability Discrimination Claim
• TDCJ Pays $1500 to Settle Prison Rape Case
• District of Columbia to Pay $5,000 for Breach of Duty of Care
• Washington State Settles Excessive Force/Injury Suit for $2,000
• TDCJ Pays $10,000 to Settle Sexual Harassment Suit
• Washington State Settles DOC Slip-and-Fall Claim for $20,000
• $3,000 Settlement on DC Prisoner’s Medical Negligence Suit
• Arkansas Prisoner Awarded $1 a Day Plus Costs for Unconstitutional Lockdown
• Kansas DOC Ban on Bare Buttocks Magazines Questioned
• Massachusetts’ Prison Ban on Sexually Explicit Material Upheld
• 7th Circuit Denies Habeas Relief of Illinois Prisoner’s Good-Conduct Revocation
• Sacramento County Agrees to Pay $500 to Settle Tort Claim
• Washington State Prisoner Cannot Sue State for Volleyball Injury Caused by Oversized Shoes
• Texas Parolee Challenges His Designation as Sex Offender
• Arkansas Supreme Court Upholds Changes to Death Penalty Procedures
• Washington DOC Agrees to Pay $87,000 to Settle False Imprisonment Suit
• 4th Circuit Reverses District Court’s Denial of North Carolina Prisoners' Suit against DOC
• Sacramento County Agrees to Pay $7,500 to Settle Excessive Force Suit
• Seventh Circuit Reverses Class Certification in Cook County Jail Case
• Military Contractors Granted Summary Judgment
• "Mere Propinquity" Not Sufficient Probable Cause for Search of Home
• No Liberty Interest in Washington Prisoner's Good-Conduct Time Earning Class
• Summary Judgment Denied in Part in New York Prisoner Extortion/Beating Suit
• Medical Review Board’s Order Properly Excluded in Connecticut Worker’s Compensation Claim
• Summary Judgment Denied in Ohio Police Excessive Force Case
• Summary Judgment Denied in Virginia Strip Cell Suit
• NY City Settles ADA/RA Suit for $400,000
• Massachusetts Supreme Judicial Court Rules No Privacy Right Exists for Jail Phone Calls
• City of Monroe, Washington Ordered to Produce Requested Records
• Excessive Force Suit Filed Against Texas Prison Officials
• 5th Circuit Affirms Judgment against Guard in Texas Excessive Force Case
• Miranda Violation Leads to Reversal
• City of Salem Settles §1983 Suit for $105,000
• Massachusetts Transsexual Case Proceeds to Discovery
• $50,000 Settlement in California Guard’s Employment Discrimination, Retaliation Lawsuit
• Washington State DNA Collection Fee Affirmed on Appeal
• Supreme Court of Washington Reverses Case Due to Erroneous Jury Instructions
• Wisconsin Federal Court Discusses Censorship of “Gang Material” in Prisons
• Civilly Committed Washington State Prisoner's Arson Conviction Upheld
• California: San Jose Agrees to settle Police Brutality Claim for $97,500 by Michael Brodheim
• Washington Pays $12,000 for Slip on Ice at Probation Office
• D.C. Prisoner Stabbed by Unknown Assailant Settles for $15,000
• Juvenile Abused at D.C. Jail Settles for $31,000 Plus Attorney Fees
• New York City Agrees to Pay $97,500 to Settle Deliberate Indifference Suit
• Ohio County Jail Settles Sex Suit for $30,000
• D.C. Prisoner Assaulted by Guard Settles Claim for $17,500
• Washington Prisoner Paid $19,000 for Partial Loss of Toe
• Washington DOC Agrees to Pay $1,000 to Prisoner Burned During Medical Test.
• Los Angeles County Agrees to Pay $150,000 to Settle Vehicular Collision Claim
• The History of Prison Legal News by Paul Wright (p 1)
• Washington State Settles Prisoner's Personal Injury Claim for $20,000
• Prisoner Awarded $75 after Magazine Withheld
• First Circuit Upholds Prison Regulation Banning Sexually Explicit Materials
• Sacramento County Agrees to Pay $2,500 to Settle Abuse Claim by Prisoner by Brandon Sample
• Washington State Not Required to Prove Current Dangerousness for Civil Commitment as Sexually Violent Predator
• Twenty Years of PLN in Court (p 8)
• From the Editor by Paul Wright (p 14)
• Virginia Jail Prisoner Awarded $7,500 after Being Beaten By Guards (p 16)
• Private Manufacturers Use Cheap Arkansas Prison Labor by Matthew Clarke (p 16)
• Sex for Contraband Racket Unravels After Kansas Prisoner Has Abortion by David Reutter (p 18)
• Housing Mentally Ill Violent Offender in Nursing Home Leads to Rape by Matthew Clarke (p 20)
• Georgia Law Creates Homeless Sex Offender Colony by David Reutter (p 20)
• $5,000 Award in New York Prisoner’s Retaliation Suit (p 22)
• Cornell Wins $19.5 Million Alaska Contract; CCA Protest Denied by Matthew Clarke (p 22)
• Early Release Scam Results in Arrests by Brandon Sample (p 23)
• $99,999 Settlement for Michigan Prisoner Damaged by Second-Hand Smoke (p 24)
• CA Prisoner Erroneously Validated as Prison Gang Member; Clears His Name, Has Records Expunged, $1.04 Million in Fees Awarded by Michael Brodheim (p 24)
• Study Finds Pharmacological Treatment of Opiate Dependence Under-Utilized in State and Federal Prisons by Michael Brodheim (p 25)
• Ninth Circuit: Federal Receiver May be Sued for Breach of Contract by Michael Brodheim (p 26)
• Washington LFOs Issued Before July 1, 2000 Expire in 10 Years (p 26)
• Ohio Prisoner Awarded $40,000 for Sexual Assault (p 27)
• Missouri DOC Targeted by State Auditors (p 28)
• California: Failure to Maintain Relevant Data Renders CDCR Unable to Effectively Monitor and Manage its Operations by Michael Brodheim (p 28)
• Illinois Jail Agrees to Pay $290,000 & Annuity Payments to Settle Excessive Force Suit (p 29)
• Ion Spectrometry Scans Resume at BOP Facilities (p 30)
• Methadone Vending Machines Installed in British Prisons (p 30)
• Iraq: Unrest at Abu Ghraib as Camp Bucca Closes by Matthew Clarke (p 30)
• Missouri Jail Prisoner Awarded $5,000 in Failure to Protect Case (p 32)
• Faith-Based Substance Abuse Program Contracts May Violate Florida’s Constitution by David Reutter (p 32)
• Tennessee Jail Agrees to Pay $5,000 for Withholding Prisoner’s Leg (p 33)
• State of Washington Settles Suit for $400,000 After Released Sex Offender Goes on Crime Spree by Michael Brodheim (p 33)
• Political Uproar Follows NC Court Ruling that Life Sentence is 80 Years by David Reutter (p 34)
• King County, WA Pays $125,000 for Assault on Juvenile Prisoner (p 35)
• DOJ Releases Report on Staff Sexual Abuse of Federal Prisoners by Justin Miller (p 36)
• $900,000 Settlement in Washington State Suit Over Parolee Murdering Woman (p 37)
• Fifth Circuit Orders Discovery in Katrina Prisoner Evacuation Case by Matthew Clarke (p 38)
• Colorado Guards Rarely Jailed for Sexual Abuse of Prisoners (p 38)
• Mississippi Earned Time Policy Violates Ex Post Facto Clause (p 39)
• Closed Door Justice: Court Seeks Disbarment of Attorney in Secret by Brandon Sample (p 40)
• Are Debtors’ Prisons Making a Comeback in Indiana? by Justin Miller (p 40)
• Washington Prisoner’s Rape Claim Results in $60,000 Settlement (p 41)
• Cost of Capital Punishment Comes Under Increased Scrutiny in a Struggling Economy by Justin Miller (p 42)
• PLRA Attorney Fee Caps Constitutional, Third Circuit Decides (p 42)
• $12,000 Award to Wheelchair-Bound NY Prisoner for Fall off Loading Ramp (p 43)
• Kentucky Supreme Court: Retroactive Application of Sex Offender Residency Restrictions Unconstitutional (p 44)
• 17,698 DNA Profiles Missing from Wisconsin Database by Matthew Clarke (p 44)
• Kern County Settles False Arrest Lawsuit for $5.5 Million by Michael Brodheim (p 45)
• $932,900 Award to Hawaii Prisoner Rendered Infertile Due to Inept Medical Care (p 46)
• Flushing Junk Down Jail Toilets Damages Sewer System, Prompts $2.3 Million Settlement in California Lawsuit (p 46)
• CCA Agrees to Pay $1.3 Million to Settle Sexual Harassment, Retaliation Suit (p 46)
• Gloucester County, New Jersey Settles Jail Strip Search Class Action for $4 Million by Matthew Clarke (p 47)
• $27,500 Settlement for Washington Prisoner’s Public Records and RLUIPA Claims (p 47)
• Alternative Prisoner Phone Service Company Files Unsuccessful Suit by David Reutter (p 48)
• Opening Legal Mail Outside BOP Prisoner’s Presence States Constitutional Claim (p 48)
• Bivens Case by Disabled Prisoner Against Federal Prison Officials Remanded; Settles for $15,000 (p 49)
• News in Brief: (p 50)

April

• The Big Three Chemical Weapons by Terry J. Allen
• Appalling Prison and Jail Food Leaves Prisoners Hungry for Justice by David Reutter (p 1)
• Tear Gas: Chemical Cops Tear Gas and Pepper Spray Can be Deadly by Terry J. Allen
• Washington Jail a Modern-Day Debtor’s Prison by Gary Hunter (p 8)
• From the Editor by Paul Wright (p 8)
• Food Problems Contribute to Riot at Kentucky Prison by David Reutter (p 10)
• Swine Flu Scare Leads to Unrest at Overcrowded Massachusetts Jail by Matthew Clarke (p 11)
• Illinois Prisoners Sue over Soy-Based Food by Brandon Sample (p 12)
• Oklahoma Courts Collecting Fines, Costs at Expense of Justice (p 12)
• Parole Denials Based Upon Assumptions; Tough Policies Threaten Public Safety at Great Cost by David Reutter (p 13)
• CCA Loses Contracts for 9,754 Prison Beds in 18 Months; More Losses Looming (p 14)
• Missoula County Jail Agrees to Settle Excessive Force Suit for $490,000 (p 15)
• New York Passes Legislation Making HIV, AIDS and HCV Prisoner Care a Department of Health Responsibility by Christina Hernandez (p 16)
• $491,668 Settlement in Class-Action Suit Against Spokane County Jail by Matthew Clarke (p 17)
• Retired New York Supreme Court Justice Sentenced to Prison for Sex Trafficking by David Reutter (p 18)
• Crisis in Reverse: Counties Struggle with Dwindling Jail Populations by Gary Hunter (p 18)
• Florida Jail Prisoner Paralyzed by MRSA Sues Prison Health Services (p 19)
• Indiana DOC Changes Sexually Explicit Publication Policy Due to Class-Action Suit by David Reutter (p 20)
• Eighth Circuit: Shackling Pregnant Prisoner During Labor Unconstitutional by Matthew Clarke (p 20)
• State of Washington Settles Parolee’s Unlawful Detention Suit for $39,695.10 (p 21)
• Death Row Prisoner Loses Suit Challenging BOP’s Ban on Face-to-Face Media Interviews (p 22)
• Son, Wife of U.S. Congressmen Get Prison Time by Brandon Sample (p 22)
• $300,000 Settlement in New York City Jail Prisoner’s Slip and Fall Accident (p 23)
• Arkansas Prisoner Almost Dies After Being Left in Feces by Justin Miller (p 24)
• Virginia DOC K-9 “Training” Results in Animal Cruelty Charges by David Reutter (p 25)
• Kinship Care More Beneficial Than State Foster Care for Children of Incarcerated Parents by Jimmy Franks (p 26)
• Illinois Prison Officials Fail to Report MRSA Infections (p 26)
• New York Voters Okay Prison Slave Labor for Nonprofits (p 27)
• Guards Suspended, Fired in Prostitution Probe at CCA-Run D.C. Jail (p 27)
• Indian Country Gets Stimulus Money ... to Build More Jails by David Reutter (p 28)
• Three Prisoners Raped at Oklahoma Governor’s Mansion (p 28)
• Washington DOC Agrees to Settle Inadequate Medical Care Suit for $55,000 (p 29)
• New Mexico Prisoner Vindicates Native American Religious Rights with Injunction, Fees and Damages (p 30)
• Florida County Jail Discontinues Medical Co-Pay Policy by David Reutter (p 30)
• Sex Addicted Ohio Sheriff’s Jail Supervisor Receives $1,000 Following Termination (p 31)
• Texas Tech and TDCJ Settle Prisoner Suicide Suit for $85,000 (p 31)
• Dying in Cell 40: Vermont’s Flawed Contract and Prison Health Service’s Drive for Profit Lead to Prisoner’s Death by Terry J. Allen (p 32)
• Georgia Grand Jury Critical of Ticket-Fixing Scam (p 36)
• California AG’s Spokesman Resigns After Caught Taping Phone Conversations by Michael Brodheim (p 37)
• Indiana Indemnification Statute Not Retroactive; Prisoner’s Estate Unable to Collect $56.5 Million Judgment by David Reutter (p 38)
• Prison Incident and Investigative Reports Must Be Disclosed Under Alabama’s Open Records Act by David Reutter (p 38)
• Prisoner Loses Excessive Force Case in 10 Minutes; Judge Deems Suit Frivolous, Orders $3,000 Paid to Defendants by Mark Wilson (p 39)
• Sweat Lodge Ban Does Not Violate RLUIPA (p 40)
• 1979 Jail Consent Decree Largely Gutted by PLRA; Reversed on Appeal by Mark Wilson (p 40)
• Washington State Agrees to Pay $15,000 to Probationer Whose Urine and Blood Were Forcibly Taken from Him (p 41)
• Texas Court of Appeals Reverses Dismissal of Prisoner’s Retaliation Suit; Second Dismissal Affirmed After Remand by Matthew Clarke (p 42)
• Illinois Prison Doctor Liable for Failing to Treat Testicular Cysts by David Reutter (p 42)
• Virgin Island Officials Held in Contempt: Prisoner Mental Health Treatment Inadequate by Matthew Clarke (p 44)
• Oregon Private Jail Guard is “Corrections Officer”; Prisoner’s Assault Conviction Upheld by Mark Wilson (p 44)
• $862,500 Settlement in Mentally Ill Ohio Jail Prisoner’s Death (p 45)
• NY DOCS Lacks Authority to Administratively Impose PRS – But State’s Liability Uncertain by Mark Wilson (p 46)
• Ninth Circuit: 42 U.S.C. § 233(a) Does Not Immunize Public Health Service Employees from Bivens Constitutional Tort Claims by John Dannenberg (p 46)
• California Prison Officials Settle Deliberate Indifference Suit for $12,000 by Michael Brodheim (p 48)
• The Real Cost of Prisons Comix, by Lois Ahrens, PM Press, 90 pages by Gary Hunter (p 48)
• Iowa Good Time Statute Violates Ex Post Facto Clause by Brandon Sample (p 49)
• Over 10 Million in Prison Worldwide by David Reutter (p 49)
• News in Brief: (p 50)
• California: Demand for Speedy Trial Applies to Probation Violation Detainers by John Dannenberg (p 55)

March

• The Prison Industries Enhancement Certification Program: Why Everyone Should be Concerned by Bob Sloan (p 1)
• The Maricopa Courthouse WAR by Terry Carter
• From the Editor by Paul Wright (p 10)
• First Circuit Upholds $101,750,000 in Damage Awards in FBI Misconduct Case by Matthew Clarke (p 10)
• Less Than Equal: State officials, including prejudiced human-rights commissioners, block Prisoner complaints by Lance Tapley (p 12)
• Prison Labor Bails Out State and County Budgets by Gary Hunter (p 14)
• All Eyes On the Court: An Interview with Attorney and Federal Court Monitor Fred Cohen by Todd Matthews (p 16)
• Cook County Strip, Body Cavity Searches Held Unconstitutional; Other Suits Pending by Brandon Sample (p 18)
• California Cuts Funding for Prop 36 Drug Treatment Programs by Michael Brodheim (p 19)
• Michigan Study Shows Incarceration Can Cause Illness in Loved Ones by Gary Hunter (p 20)
• Conviction of CIA Contractor Who Fatally Beat Afghan Detainee Upheld on Appeal (p 20)
• Sexual Victimization Widespread in U.S. Correctional Facilities by Brandon Sample (p 22)
• Certificate of Merit in Medical Malpractice Suits Unconstitutional in Washington State by Jimmy Franks (p 23)
• Illinois Prisoners Bilked Out of Millions Through DOC Commissary Surcharges by Joseph R. Dole (p 24)
• A Tight Leash: Judges Micromanage Federal Offenders After Release by Brandon Sample (p 24)
• Texas Counties Give Up on Probationer Restitution Centers by Matthew Clarke (p 25)
• Prisoner Transport Guards Accused of Forcing Prisoner to Perform Sex Acts by Michael Brodheim (p 26)
• Call Your Attorney from Jail, Go to Prison by John Dannenberg (p 26)
• Washington Sex Offender Relieved of Obligation to Register (p 27)
• Texas Youth Commission Causes Consternation, Conflict in State Legislature by Gary Hunter (p 28)
• Ninth Circuit Strikes Down BOP Rule Limiting Early Release for RDAP Participants by Brandon Sample (p 28)
• California Prisoner Settles Medical Suit for $35,000 (p 29)
• New Orleans Jail Conditions Found Unconstitutional by Jimmy Franks (p 30)
• California Enacts Non-Revocable Parole And Increased Credits To Reduce Prison Population by John Dannenberg (p 30)
• Jury Awards $80,001 to New Hampshire Prisoner for Guard Beating (p 31)
• California Prison Erupts, Hundreds Hurt in Riot, Multiple Causes Cited (p 32)
• In Support of Ending Prosecutorial Misconduct by Jimmy Franks (p 32)
• South Carolina Prisoner Does Easy Time by Gary Hunter (p 34)
• GEO Group Prison Squalor Drives Idaho Prisoner to Suicide: $100,000 Settlement (p 34)
• $100,000 Settlement in New York Prisoner’s Slip and Fall Claim (p 35)
• $750,000 Settlement in Alabama Prisoner’s Heat Death (p 35)
• Partial Summary Judgment Granted To PLN in FOIA Case against EOUSA by Brandon Sample (p 36)
• Shrinking Budgets Force States to Cut Corrections Spending by Bob Williams (p 36)
• GEO Group Buys Just Care For $40 Million (p 37)
• $60,000 Settlement for Washington Prisoner Injured by Chemical Spill (p 37)
• $2.1 Million Awarded in New York Unjust Conviction Claim (p 38)
• Texas Religious Group Policies May Violate First Amendment and RLUIPA; TDCJ Changes Policy (p 38)
• Four-Year Statute of Limitations Applies to § 1983 Claims Filed in Florida (p 39)
• Washington DOC Ordered to Pay $174,000 for False Imprisonment (p 39)
• Canadian Appellate Court Affirms $12,000 Judgment for Prisoner (p 40)
• Eleventh Circuit Finds Administrative Remedies Unavailable When Prison Official Threatens Retaliation (p 40)
• $3.1 Million Settlement to Wrongly Convicted Massachusetts Prisoner (p 41)
• Texas Prison Guard Gets 24 Months in Federal Prison (p 42)
• $200,000 Settlement in Florida Prisoner’s Suicide Death (p 42)
• $80,000 Award in NY Prisoner’s Claim for Injuries Caused by Assault (p 42)
• Fourth Circuit: Heck Bar Inapplicable to § 1983 False Imprisonment Suit (p 43)
• Failure to Raise Issue in Rule 50 Motion Prohibits Argument on Appeal; $214,000 Verdict Upheld (p 44)
• Massachusetts GPS Program Upheld by State Supreme Court by Mark Wilson (p 44)
• Indiana DOC Directive Limiting Educational Credit to Only One Associate’s Degree Violates Ex Post Facto Clause by Brandon Sample (p 45)
• Assessment of Prison Account Without Seizure of Funds Implicates Due Process in Third Circuit by Mark Wilson (p 46)
• Tenth Circuit Reverses Dismissal of Failure to Protect Suit by Brandon Sample (p 47)
• Ninth Circuit: California Jail Detainee’s Excessive Force Suit May Proceed by John Dannenberg (p 48)
• Defendants Denied Qualified Immunity in Tennessee Jail Detainee’s Death by Mark Wilson (p 48)
• Texas to Eliminate Centralized Release of Prisoners (p 49)
• News in Brief: (p 50)
• Eighth Circuit Rejects Debt Offset of EAJA Fees; Supreme Court to Hear Case by Mark Wilson (p 55)

February

• The Rainmakers: banking on private prisons in the fleecing of small town America by Beau Hodai
• Swine Flu Widespread in Prisons and Jails, but Deaths are Few by David Reutter (p 1)
• Ineffective Attempts to Protect Texas Prisoner Were Sufficient (p 7)
• Preventable Sacramento County Jail Death Costs Taxpayers $1.45 Million by David Reutter (p 8)
• From the Editor by Paul Wright (p 8)
• Free Rent for Some Washington State Parolees (p 9)
• A New Look at a Very Old Subject: The Uniform Collateral Consequences of Conviction Act by Margaret Colgate Love (p 10)
• Arkansas Prisoner Awarded $625 for Refusing to Clean His Cell on the Sabbath (p 11)
• Three Years Later, CMS Still Fails to Meet Medical Standards in Delaware by David Reutter (p 12)
• Army Prisoners Isolated, Denied Right to Legal Counsel by Dahr Jamail (p 14)
• Freedom Forum CEO Charles Overby’s Dark History with Corrections Corporation of America by Beau Hodai (p 16)
• Three Florida Guards Charged in Prisoner’s Beating by David Reutter (p 18)
• Washington State Makes Work Release Available to Disabled Prisoners; Monetary Payments to Class Members (p 19)
• Federal Judge Holds Texas Parole Board Coleman Hearings Unconstitutional by Matthew Clarke (p 20)
• $6,000 Settlement in Illegal Arrest of Washington State Probationer (p 21)
• Denial of Medical Care Causes Two Riots at GEO Group Texas Prison by Matthew Clarke (p 22)
• Special Treatment for Jewish Prisoners, Rappers Leads to Employee Discipline, Resignations at New York Jails by Gary Hunter (p 24)
• Maine Prison System’s Board of Visitors: Secret, Unaccountable and Co-Opted by Lance Tapley (p 26)
• Rikers Guards Charged With Using Juvenile Prisoners to Run Extortion Ring by Gary Hunter (p 28)
• Maryland: Parole Supervision Fee Likely Does More Harm than Good by Bob Williams (p 29)
• Homelessness a Significant Problem for Released Prisoners by John Dannenberg (p 30)
• Department of Justice Releases Arrest-Related Death Statistics by Matthew Clarke (p 30)
• Arizona Prisoner, Abandoned in Outdoor Cage, Bakes to Death by Gary Hunter (p 32)
• Massachusetts Sex Offender Registry Board Member Brags About Bias (p 33)
• False Sense of Security: The Real Cost And Benefits Of The Adam Walsh Act by Brandon Sample (p 34)
• Prison Supervisors Can be Liable for Guard’s Sexual Abuse by David Reutter (p 34)
• One of Every 11 Prisoners Now Serving Life Sentence by Bob Williams (p 35)
• Wisconsin Enacts New Early Release Law by Matthew Clarke (p 36)
• California Parents and Guardians Assessed Fees to Offset Juvenile Detention Costs by Michael Brodheim (p 36)
• $325,000 Settlement in Michigan Jail Prisoner’s Ruptured Appendix Lawsuit (p 38)
• $245,000 Settlement in Michigan Jail Prisoner’s Death (p 38)
• Unprovoked Texas Cattle Prod Shocking More Than De Minimis Injury, Case Settles for $20,000 by Matthew Clarke (p 39)
• PLN Prevails in Connecticut FOI Case; City Appeals by Alex Friedmann (p 40)
• Ohio Inspector General Finds Wrongful Acts by Prison System’s Assistant Director by Matthew Clarke (p 40)
• Judge Enjoins Collection of Cost of Incarceration Fees From Federal Prisoner in Washington State Prison (p 42)
• Settlement in Idaho Jail Condition Class-Action Suit by Matthew Clarke (p 42)
• Wyoming’s Prison Industry Mushroom Farm Sold at Auction by Matthew Clarke (p 43)
• $2.1 Million Award in Excessive Force Death of California Prisoner (p 43)
• Jury Awards $6,500 to California Prisoner for Negligence, Deliberate Indifference by Doctor (p 44)
• Settlement Promises Improvements at Baltimore City Jail by Matthew Clarke (p 44)
• Tenth Circuit: Dismissal of Prison Newsletter Censorship Case Reversed in Part (p 45)
• Ineligible Texas Prisoners Receive Federal Stimulus Checks by Jimmy Franks (p 46)
• Exposure to Freezing Cold More than De Minimis in Texas Retaliation Case (p 46)
• $50,000 Awarded to Florida Prisoner in Excessive Force Case (p 47)
• Head of California’s Prison System Arrested for Drunk Driving (p 47)
• Remedial Sanctions Denied in Wisconsin Class-Action Jail Suit by Jimmy Franks (p 48)
• Eighth Circuit Upholds $1,500 Award for Failure to Provide Kosher Diet; Grooming Restrictions Also Upheld (p 48)
• Third-Party Calling Disconnects at Jail Net $1.25 Million Settlement; Customers Get Nothing (p 49)
• Alabama Ends Policy Barring HIV+ Prisoners from Work Release (p 49)
• News in Brief: (p 50)
• Failure to Raise Issue in Rule 50 Motion Prohibits Argument on Appeal; $214,000 Verdict Upheld (p 55)
• Four-Year Statute of Limitations Applies to § 1983 Claims Filed in Florida (p 55)

January

• Qualified Immunity Awarded to Guards for Restraint Necessitating Amputation
• Fourth Circuit Remands Gift Publication Challenge
• Attorney General’s SORNA Regulations Violate APA; Law Cannot be Applied to Offenders Convicted Before Its Enactment
• Seventh Circuit Reverses Dismissal Of Medical Care Claims
• Time Spent In Drug Treatment While On Probation Not Creditable Toward Sentence
• Judge Permits Medical Exam of Prisoner at ADX
• Sacramento County Settles Jail Medical Neglect Claim for $1,000
• Washington Prisoners Have The Right To Seek Divorce
• No Hearing Required for Oregon IMU Confinement
• Yankees Settle Suit Over Restrictions On Fans
• Calls over Monitored Phone to Attorney not Protected by Sixth Amendment
• Georgia Mail Policy Limiting Who Can Send Internet Material Upheld, then Changed
• State Did Not Err In Laying Off Guards
• Judge Approves Sherriff Arpaio’s Draconian Postcard-Only Mail Policy
• Trial Court Exceeded Its Authority In Restricting Parole Board’s Discretion
• Tenth Circuit Reverses Discovery Order In FOIA Case
• Second Circuit Remands Iqbal v. Ashcroft for Possible Amendment
• Sacramento County Settles Excessive Force/False Arrest Suit for $1,000
• Late Amendment of Pleading Properly Quashed
• Indeterminate Civil Commitment Provisions Do Not Apply Retroactively
• Prisoners’ Right to Receive Subscription Mail Clearly Established in Ninth Circuit in 2001
• New Trial Ordered After Evidence of Set-Up Excluded
• New York City Pays $5.5 Million to Suspect Hit By Cop Car
• Remitter Granted In Malicious Prosecution Action; Court Denies Request for State to Indemnify Defendant
• Inhumane Illinois Cell Conditions Defeat Summary Judgment
• Mother of Murdered Son not “Victim” Within Meaning of Crime Victims Rights Act
• Judgment for Guards who Allegedly Sodomized and Burned Prisoner Upheld
• Judge Rejects Privacy Suit By Former Prison Employee
• New Jersey Open Records Act Applies To County's Settlement of Sexual Harassment Suit
• Nebraska Supreme Court Upholds Civil Commitment Law
• Probation Revocation Warrants Do Not Have To Be Executed While In Custody For Another Offense
• Sacramento County Settles Jail Beating Claim for $1,500
• California DOC’s Former Healthcare Receiver Overpaid Staff Benefits by $218,790 by Marvin Mentor
• Ninth Circuit Rejects Retroactive Award of Attorney’s Fees under Open Government Act
• How To Survive an Arrest When You Haven't Done Anything Wrong
• $26,000 Settlement for Public Records Violations by Washington Jail
• First Circuit Rejects Internet, Pornography Restrictions on Sex Offenders
• No Appeal In Section 2255 Proceeding Until Defendant Is Resentenced
• Supreme Court: No Due Process Right to Post-Conviction DNA Testing
• Sweat Lodges in American Prisons (2005)
• Eighth Circuit Rejects Failure to Protect Claim
• Defendants Lack Standing To Challenge SORNA Under Tenth Amendment
• Escapees Retain No Privacy Right From Searches
• D.C. Circuit Reaffirms That Guantanamo Detainees Have No Constitutional Rights
• CJA Reimbursements Unappealable, Tenth Circuit Decides
• $100,000 Settlement in Assault and Battery Claim During Baltimore Youth’s Arrest
• $20,000 Settlement by King County in Assault, False Imprisonment Claim
• $13,500 Settlement in Washington Sex Discrimination Claim; Public Records Act Violation
• Prison Health Care, Political Choice and the Accidental Death Penalty in Michigan by Elizabeth Alexander (p 1)
• Minnesota Holds DNA Testing Upon Arrest Unconstitutional
• Washington DOC Agrees to Pay $450 To Settle Public Disclosure Act Suit
• From the Editor by Paul Wright (p 10)
• $950,000 Settlement for California Prisoner Rendered Quadriplegic (p 10)
• Hadix Litigation Winding Down by David Reutter (p 12)
• Shortcomings Cited at Virginia’s Civil Commitment Facility by Matthew Clarke (p 12)
• BOP Settles FTCA Abuse/Religious Discrimination Suit for $48,000 by Brandon Sample (p 13)
• U.S. DOJ Calls Houston Jail Unconstitutional, Prisoner Death Rate Alarming by Gary Hunter (p 14)
• $75,000 Settlement in Heart Attack Death of Missouri Jail Prisoner (p 15)
• Don’t Build it Here Revisited (or “There is no Economic Salvation Through Incarceration”) - Prisons Do Not Create Jobs by Clayton Mosher (p 16)
• $125,000 Settlement in Suicide Death Of New York Jail Prisoner (p 18)
• Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur by John E Dannenberg (p 19)
• Settlement in Class-Action Suit Against CCA Modified After PLN Unseals Court Documents by Alex Friedmann (p 20)
• Colorado Detainee Tasered During Seizure, Paid $116,731.73 and $83,268.27 in Fees (p 20)
• Prison Video Visitation Expands into For-Profit Market by David Reutter (p 22)
• Sex with Former Jail Employee Lands Texas Sex Offender Back in Prison (p 23)
• California Communities Made Less Safe as Sex Offender Housing Restrictions More Strictly Enforced by Michael Brodheim (p 24)
• Soft Porn, Bribery and Jailed Millionaire Make for a Dangerous Mix by Brandon Sample (p 24)
• Former High-Ranking CIA Official Imprisoned for Corruption by Matthew Clarke (p 26)
• Texas Supreme Court Rules in Favor of Ex-Prisoner’s Religious Halfway House by Matthew Clarke (p 26)
• $2.4 Million Settlement in Children’s Death Caused by California Jail Guard’s Driving (p 27)
• $1.95 Million Awarded to New Hampshire Guards Falsely Accused of Assaulting Prisoner by David Reutter (p 28)
• Guantanamo’s Youngest Prisoner Can’t Be Tried, Won’t be Released by Matthew Clarke (p 28)
• Education for Persons in Detention—A Human Right by Jimmy Franks (p 29)
• Four Pennsylvania Jail Guards Fired, Two Resign Over Prisoner Beating by David Reutter (p 30)
• BOP Guard Found Guilty in Prisoner’s Death, Sentenced to Life by Brandon Sample (p 30)
• South Dakota: Prisoner May Enforce Third-Party Kosher Meal Obligation (p 32)
• Federal Jury Awards $5 Million for Wrongful Conviction Involving Houston Crime Lab by Matthew Clarke (p 32)
• Seventh Circuit Upholds $9,063,000 Award to Illinois Ex-Prisoner Exonerated by DNA by Brandon Sample (p 34)
• Iowa Supreme Court: Retroactive Good Conduct Time Denial is Unconstitutional, Depending on Date of Conviction by Matthew Clarke (p 34)
• New York Politicians Want to Re-Evaluate Civil Confinement Release Law by Matthew Clarke (p 36)
• Seventh Circuit Reverses Dismissal of 8th Amendment and FTCA Medical Claims; Case Settles on Remand for $20,000 (p 36)
• PLN Sues Texas Dept. of Criminal Justice Over Censorship; Court Upholds Rights of Book Distributors by Alex Friedmann (p 38)
• New Hampshire City Ordinance Restricting Sex Offender Residency Found Unconstitutional (p 38)
• Oneida County, NY Jail Suicide Litigation Settled for $225,000 (p 39)
• Los Angeles County Jail Agrees To Pay $900,000 to Settle Lawsuit over Inadequate Medical Care (p 40)
• DHS Ordered to Respond to Petition Seeking National Stan-dards at Immigration Detention Facilities by Brandon Sample (p 40)
• $1.31 Million Awarded to California Man Wrongly Jailed on Murder Charge (p 41)
• $1.31 Million Award to Wrongfully Jailed California Man (p 41)
• Discovery Disputes in Suit Over Pennsylvania Jail MRSA Deaths by Matthew Clarke (p 42)
• China Taking Steps to Reduce Number of Executions (p 42)
• Federal Court Awards $1.47 Million in Attorney Fees and Costs against Sheriff Arpaio (p 43)
• Massachusetts Court of Appeals Reinstates Prisoner’s Dental Negligence Suit (p 44)
• Starting Out: The Complete Reentry Book, by William Foster and Carl Horn, 446 pp, $22.95 by Matthew Clarke (p 44)
• BOP Fails To Meet Drug Treatment Goals; Lack of Funding Blamed (p 45)
• Georgia Prisoners Must Use Court Promulgated Form to Initiate a Court Action (p 45)
• Washington Supreme Court Upholds Denial of Parole for Sex Offender Who Refuses to Admit Guilt (p 46)
• District Court May Order Martinez Report, Ninth Circuit Holds (p 46)
• Washington Pretrial Release UAs Invalidated (p 47)
• Second Circuit Establishes Anonymous Pleading Standards (p 48)
• Fifth Circuit Reinstates Texas Prisoner’s Failure-to-Protect Suit by Matthew Clarke (p 48)
• Reversal of Summary Judgment to BOP Doctor Accused of Deliberate Indifference by Brandon Sample (p 49)
• News in Brief: (p 50)