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Archive: 2012

December

• Momentum Builds to End Prison-Based Gerrymandering by Peter Wagner (p 1)
• Oregon DOC Gets Tiny Cut of $3.34 Million Pfizer Settlement (p 12)
• From the Editor by Paul Wright (p 12)
• Florida DOC Program Targets Incarcerated Veterans (p 14)
• CCA Ceases Operations at Mississippi Prison, County Jail (p 14)
• Washington Jail Prisoner Settles Retaliation Claim for $10,000 (p 16)
• PLN Settles Public Records Suit Against PHS in Vermont, Obtains Settlement Payout Information by Alex Friedmann (p 16)
• Transgender Prisoner’s Lawsuit Sparks BOP Policy Change by Derek Gilna (p 18)
• Fifth Circuit Upholds Former Texas State Judge’s Bribery-Related Convictions (p 18)
• States Create Special Commissions to Study Flat-Fee Indigent Defense by Joe Watson (p 20)
• GAO Report Examines Contraband Cell Phone Use in BOP Facilities by Derek Gilna (p 22)
• Texas Slashes Prison Education Budget by Matthew Clarke (p 24)
• Former New York DOCS Food Director Pleads Guilty to Grand Larceny by Joe Watson (p 24)
• Misconduct at U.S. Army Lab Taints Hundreds of Military Prosecutions by Derek Gilna (p 26)
• Oregon DOC Did Not Report 78 Prisoner Deaths in 2010-2011 (p 28)
• Virginia Prison Policy Prohibiting Secular, Non-Religious CDs Held Unconstitutional (p 31)
• America Eats its Young: Arizona Communities Embrace Use of Private Prison Employees in Drug Raids at Public Schools by Beau Hodai (p 32)
• Report Criticizes New Hampshire’s Treatment of Female Prisoners; Lawsuit Filed by Joe Watson (p 34)
• Fifth Circuit Reverses $250,000 Award to Mississippi Prisoner Held too Long by Matthew Clarke (p 36)
• U.S. Sentencing Commission Calls Federal Mandatory Minimums “Excessively Severe” by Derek Gilna (p 36)
• Arkansas Prison Director Suspended by Board of Corrections (p 38)
• Texas Federal Court Issues Preliminary Injunction Prohibiting Sex Offender Parole Conditions; Case Settles for $52,000 by Matthew Clarke (p 38)
• Federal Court Upholds Maryland Law that Reclassifies Prisoners for Redistricting by David Reutter (p 40)
• Fifth Circuit Holds Mailbox Rule Applies to Legal Mail Rejected Under Bogus Prison Rule (p 40)
• New North Carolina DOC Hospital Promises Better Healthcare for Prisoners by Joe Watson (p 42)
• Michigan DOC Taser Experiment Touted; Prison Perimeter Patrols to End (p 42)
• Organizations Submit Letters to FCC Urging Action on Prison Phone Rates by Mel Motel (p 44)
• Missouri County Ordered to Present Civil Detainees Before Court within 27 Hours; $75,000 Damages Settlement (p 44)
• West Memphis Three Released, but Justice Not Served and Questions Remain by Joe Watson (p 46)
• Oregon Re-Sells Unused Execution Drugs (p 47)
• Philadelphia Women Prisoners Sue for Being Housed with a Man (p 48)
• California: Jail Nurse Receives $703,957 in Retaliation Suit Against County, PHS (p 48)
• Puerto Rico DOC Fires 97 Guards, Suspends More Than 100 (p 49)
• News in Brief (p 50)

November

• Report Links Recidivism Decline to Investments in Treatment, Training and Housing
• Bailing on Justice: The Dysfunctional System of Using Money to Buy Pretrial Freedom by Tracy Velázquez (p 1)
• Guantanamo Detainees Cost $800,000 Annually (p 13)
• From the Editor by Paul Wright (p 14)
• $15,700 Plus Boombox to Settle California Prisoner’s Excessive Force Claim (p 14)
• Liberty for Sale: Should Ohio Prisoners be Commodities in a For-Profit Venture? by German Lopez (p 16)
• PLN Readers Flood the FCC with Letters; Campaign Fights for Prison Phone Justice by Mel Motel (p 20)
• The Other Death Sentence: More than 100,000 Americans are destined to spend their final years in prison. Can we afford it? by James Ridgeway (p 22)
• Private Prison Companies Use Political Influence to Increase Incarceration by Matthew Clarke (p 26)
• California Prison Psychologist Faked Her Own Rape (p 29)
• $60,411 Attorney Fee Award in Maryland Prisoner’s Public Information Act Suit (p 30)
• Hawaii AG Study Confirms Ineffectiveness of Mainland Private Prisons by Joe Watson (p 30)
• Florida Jail Abandons Postcard-Only Mail Policy, Pays Prisoners’ Attorney Fees (p 32)
• Prisoner’s Coma-Inducing Latex Allergy Triggers Lawsuit, Burning Questions by Alan Prendergast (p 32)
• State Auditor Finds Flaws in Texas Criminal Justice Information System by Matthew Clarke (p 34)
• California Settles Suit with Prison Guards’ Union for $3.5 Million, Interest-Free (p 34)
• $20,000 Settlement in Arkansas Jail Prisoner’s Failure to Protect Suit (p 36)
• Seventh Circuit Upholds Injunction Against Wisconsin Transgender Prisoner Treatment Ban (p 36)
• New York City Pays $2 Million to Settle Suit Over Death of Juvenile Killed by Other Prisoners Acting as Guards’ Enforcers (p 38)
• $2,500 Settlement in Illinois Prisoner’s Telephone Disconnect Suit – After Nine Years (p 38)
• Pennsylvania Jail Major Pleads Guilty to Beating Prisoner After Escape Attempt (p 40)
• Pennsylvania Guards Charged with Physical, Sexual Abuse of Prisoners (p 40)
• BOP Supermax Lawsuit Claims Horrific Abuse of Mentally Ill at ADX by Alan Prendergast (p 42)
• Nebraska Refuses to Return Execution Drug to Swiss Company (p 44)
• Vietnam Pardons 10,244 Prisoners but Few Dissidents by Derek Gilna (p 44)
• Los Angeles Jail Pays $161,000 Settlement for Juvenile Injured Due to Negligent Supervision (p 46)
• Iowa Reconsidering Costs, Benefits of Sex Offender Supervision Law by Joe Watson (p 46)
• News in Brief (p 50)

October

• Arizona County Jail Rescinds Daily Fee for Prisoners’ Meals
• What HRDC and Prison Legal News Accomplished in 2012! by Alex Friedmann
• Attempted Murder Charge Against Wyoming Parole Board Member Dropped
• California: Joint Venture Program Compensates Crime Victims
• "Strong Families, Safe Communities" Sends Clear Message for Phone Justice by Mel Motel
• Bad behavior in state workplace costs taxpayers nearly $2m in settlements by Naomi Schalit
• From Rock & Rap Confidential: Johnny Cash and Mark Collie by Lee Ballinger
• Report: More Should be Done to Preserve Rights of Incarcerated Parents by Joe Watson
• Solitary Confinement Subject of Unprecedented Congressional Hearing by Alex Friedmann (p 1)
• Solitary Confinement: Bad for Chimps, Okay for Humans? by Lance Tapley (p 16)
• California Female Prisoners Eligible for Early Release, but Disqualified Due to Lack of Local Rehabilitative Services (p 17)
• From the Editor by Paul Wright (p 18)
• Ninth Circuit Judge Who Co-Authored “Torture Memos” Discloses Receipt of $3.4 Million in Legal and Consulting Help (p 19)
• The Price to Call Home: State-Sanctioned Monopolization in the Prison Phone Industry by Drew Kukorowski (p 20)
• Ninth Circuit Holds CAFRA Attorney Fees Should be Paid to Claimant, not Attorney (p 24)
• Fifth Circuit Holds Louisiana Prisons Can’t Ban Nation of Islam Newspaper (p 26)
• New York Court Upholds Law Requiring Census Count to Use Prisoners’ Pre-Incarceration Address (p 26)
• Texas Abolishes Last Meals for Death Row Prisoners, Reduces Weekend Meals by Matthew Clarke (p 28)
• Report Cites Rising Violence, Other Problems at Illinois Maximum-Security Prison by David Reutter (p 30)
• Manhattan Prosecutor Who Moonlights as Dominatrix Suspended, Resigns by Matthew Clarke (p 30)
• 46 California Prisoners Injured in Disturbance at CCA-run Oklahoma Facility (p 32)
• Private Prison Monopolies by Christopher Petrella (p 32)
• Violence in Tennessee Prisons up 20 Percent Under New Commissioner by Alex Friedmann (p 34)
• Washington State Post-Judgment Interest Award Required when Judgment Increased by Appellate Court in Records Case (p 34)
• Mug Shot Websites Based on Extortion Business Model by David Reutter (p 36)
• Advanced Criminal Procedure in a Nutshell, 2nd Ed., by Mark E. Cammack and Norman M. Garland (Thomson West, 2006). 505 pages, $38.00 by John Dannenberg (p 38)
• California Federal Judge Denies Habeas Petitions after Sitting on Them for Years (p 40)
• Florida: Two Men Sentenced in Prison Canteen Kickback Scheme (p 40)
• California’s Experiment with Community Correctional Facilities Coming to an End? (p 41)
• UTMB Challenges Texas State Audit, while Legislature Imposes $100 Prisoner Health Care Co-Pay by Matthew Clarke (p 42)
• Oregon Adopts 5% Prison Trust Fund Account “Service Fee” (p 44)
• North Dakota Farmers Help Flush Out Escaped Florida Sex Offender (p 44)
• New Hampshire Court Invalidates City’s Sex Offender Residency Ordinance (p 45)
• Fourth Circuit Upholds North Carolina Sheriff’s Bribery Conviction (p 46)
• Texas Compensates Exonerees Unequally by Matthew Clarke (p 46)
• Criminal Law in a Nutshell, 5th Ed., by Arnold H. Loewy (West Law School, 2009). 387 pages, $38.00 by John Dannenberg (p 48)
• Former Delaware Prisoner Settles Sexual Assault Suit for $287,500 and Policy Changes by Derek Gilna (p 48)
• Eight Puerto Rican Prisoners Drown in Flooded Van (p 49)
• Oregon Passes Legislation to Move Juveniles Out of Adult Jails (p 50)
• Oregon Guard Shoots, Wounds Prisoner; Unreported Earlier Prisoner Murder Exposed (p 50)
• News in Brief (p 52)

September

• Interview with Conrad Black, Former Federal Prisoner and Millionaire Media Magnate by Paul Wright (p 1)
• The Gray Box: An investigative look at solitary confinement by Susan Greene
• Birthing Behind Bars: A Campaign for Reproductive Justice in Prisons by Victoria Law (p 14)
• From the Editor by Paul Wright (p 14)
• Ex-Warden’s Wife Sentenced to One Year for Assisting Prisoner’s Escape (p 15)
• Prisoner Medical Care Costs Oregon Taxpayers Over $100 Million Annually (p 16)
• Habeas Hints: 2012 Supreme Court Habeas Highlights: Plea Bargaining Cases by Kent A. Russell (p 18)
• PHS Hit with $312,000 Verdict for Inadequate Care of Pennsylvania Prisoner (p 20)
• Ventura County, California Settles Wrongful Arrest Class-action Suit for $350,000 (p 22)
• $657,670 Settlement in Ohio Juvenile Facility Class-action Suit (p 22)
• Iowa SOTP Requirement Does Not Violate Fifth Amendment (p 24)
• $93,000 Settlement for Georgia State Prisoners Beaten by Guards (p 24)
• Bureau of Prisons Houses More “Terrorists” than Guantanamo by Derek Gilna (p 26)
• CIA Slammed for Torture Abuses at Secret Lithuanian Prisons by Derek Gilna (p 28)
• Economy Forces Oregon Jails to Eliminate Beds (p 29)
• The Mentally Disordered Inmate and the Law, 2nd edition by Julie Etter (p 30)
• $2.3 Million Jury Award in Washington, D.C. Wrongful Parole Revocation Suit (p 30)
• FEMA Funds New Orleans Jail Complex (p 32)
• Hundreds Removed from Georgia’s Sex Offender Registry (p 32)
• Arizona DOC Faces Lawsuit Over Inadequate Medical Care by Joe Watson (p 34)
• Bail Bond Companies Profit While Poorest Defendants Remain in Jail by David Reutter (p 36)
• GAO Report on Drug Courts Criticized by Drug Policy Alliance by Joe Watson (p 40)
• Proving Damages to the Jury, 1st Ed., by Jim Wren by John Dannenberg (p 40)
• Prisoners and Families Connect with Video Visitation, for a Price (p 42)
• Onerous Change in Michigan Commutation Procedures Fails to State Ex Post Facto Claim (p 42)
• Texas Court Orders TDCJ to Provide Hearing Impaired Telecommunications (p 43)
• Tenth Circuit Holds Due Process Requires Meaningful Segregation Reviews by Brandon Sample (p 44)
• Idaho Appellate Defender: State’s Adult Misdemeanor Probation System “Void” (p 44)
• Arrests of Federal Prison Guards Soar 90% Over Past Decade; Misconduct Cases Double by Derek Gilna (p 46)
• Criminal Procedure – Constitutional Limitations in a Nutshell, 7th Ed., by Jerold H. Israel and Wayne R. LaFave by John Dannenberg (p 46)
• Attorney Who Brought Reporter into Prison Cleared of Ethical Violations (p 48)
• Google Provides Law Enforcement and Courts with User Information, Censors Content by Joe Watson (p 48)
• Book Review: A Dictionary of Criminal Law Terms, by Bryan Garner by John Dannenberg (p 48)
• $375,000 Settlement for Washington Female Juvenile Detainee Raped by Guard (p 49)
• News in Brief (p 50)

August

• Federal Sex Offender Civil Commitment Process Under Fire by Derek Gilna (p 1)
• Ethics Complaint Against Former Oregon Prison Official Dismissed (p 8)
• Maryland Women Prisoners Sew Commemorative 1812 Flags (p 10)
• From the Editor by Paul Wright (p 10)
• Hawaii Audit Finds Offenders Rarely Pay Restitution Owed (p 12)
• Prisoner Lacked Standing to Challenge Georgia’s Failure to Send Absentee Ballot to Jail (p 13)
• Federal BOP to Let Prisoners Have MP3 Players (p 14)
• $975,000 Award to Former Prisoner Who Gave Birth in Seattle, Washington Jail (p 14)
• California Pays $295,000 to Settle Religious Discrimination Lawsuit by Sikh Barred from Employment as Prison Guard (p 15)
• California Supreme Court Restricts Lifer Parole Challenges (p 16)
• CA Court of Appeal: Documents Identifying Suppliers of Execution Drug are Public Records (p 17)
• Florida Town Rallies to Stop CCA Immigration Detention Facility by David Reutter (p 18)
• PLN Settles Censorship Suit Against Sacramento County, California Jail (p 20)
• U.S. Supreme Court Holds AG Rules Required Before SORNA Sex Offender Law is Applied Retroactively by Derek Gilna (p 20)
• New Mexico Sheriff Sentenced for Selling County Property on eBay (p 21)
• Eleventh Circuit Upholds Florida DOC’s Ban on Pen Pal Solicitations by David Reutter (p 22)
• Former Florida Sheriff Cleared in Theft Investigation and PHS Contract Fraud Suit (p 22)
• $50 Million in Grants Targets HIV in the Criminal Justice System (p 24)
• Pro Se Virginia Prisoner Settles Religious Exercise Suit (p 24)
• $3.5 Million Settlement in Teen’s Death at New York Juvenile Facility (p 25)
• Texas: Helping HIV+ Prisoners Receive Post-Release Meds (p 26)
• Texas Legislator Uses Prisoner-Made Goods as Gifts for Campaign Contributors by Matthew Clarke (p 26)
• BOP’s RDAP Program Unevenly Administered and Unnecessarily Costly by Brandon Sample (p 28)
• Tenth Circuit Holds Sex Offenders Who Leave U.S. Must Still Register by Derek Gilna (p 30)
• Florida Reports Indicate Restoration of Civil Rights Reduces Recidivism by David Reutter (p 30)
• Tainted Chicken Sickens Hundreds of Prisoners, Staff at Pennsylvania BOP Facility (p 31)
• “Fusion Centers” Gather Intelligence on U.S. Citizens by Derek Gilna (p 32)
• ACLU Challenges “Jail or Church” Program in Alabama (p 32)
• Kentucky Supreme Court Adopts Mailbox Rule Retrospectively (p 33)
• Termination from Drug Treatment Program Fails to State Liberty Interest Claim (p 34)
• California: ADA Protections Again Extended to Disabled State Prisoners Held in County Jails (p 34)
• State Awarded Statutory Attorney Fees, Costs for Dismissed Washington PRPs by Mark Wilson (p 36)
• Fifth Circuit Rules on Prisoner’s ADA Claim; Issues Superseding Opinion (p 36)
• Fourth Circuit: Where Offer of Judgment is Silent as to Costs, Prevailing Party Entitled to Recover Attorney’s Fees (p 37)
• Ninth Circuit Grants Qualified Immunity to California Prison Officials for Denial of Outdoor Exercise During Lengthy Lock-down (p 38)
• Tenth Circuit Affirms Denial of Qualified Immunity to Oklahoma Jail Official Who Failed to Follow Prescribed Medical Instructions (p 38)
• First Circuit Holds that Delay in Treating HIV May Constitute Deliberate Indifference (p 39)
• New York Court of Appeals Holds Sex Offense Does Not Prove Parental Neglect (p 40)
• New Jersey Appellate Court Holds Attorneys for Female Prisoners Temporarily Transferred to All-Male Facility May be Entitled to Fees (p 40)
• Single Incident of Deliberate Indifference Insufficient to Establish Policy or Custom (p 41)
• Texas Teenager Killed at Private Juvenile Detention Center by Matthew Clarke (p 42)
• No Good Time for Time Spent in State Custody before Imposition of Federal Sentence (p 43)
• Ninth Circuit Holds BOP Individual RDAP Determinations Not Subject to Judicial Review (p 43)
• Georgia Court Clerk Liable for Failure to Inform Prison Officials of Sentence Reduction (p 44)
• Washington State Court of Appeals Holds Payments to Class II Prison Workers Are “Wages” for Time-Loss Compensation Calculations by Matthew Clarke (p 44)
• Florida Death Row Prisoners Cannot Challenge Sentence Pro Se (p 45)
• Former Mississippi Mayor Charged with Sexually Assaulting Prisoner (p 45)
• “Voluntary” Work Program in Private Detention Centers Pays Detained Immigrants $1 a Day by Yana Kunichoff (p 46)
• Vermont DOC Disbands Citizens’ Advisory Group that Critics Called “Window Dressing” for Transparency by Ken Picard (p 48)
• News in Brief (p 50)

July

• Racial Critiques of Mass Incarceration: Beyond the New Jim Crow by James Forman, Jr. (p 1)
• Oregon Prisoner's Legal Mail Claims Dismissed
• Washington SVP Commitment Reversed for Improper Impeachment Evidence
• Oregon Cop Arrested For Sexual Corruption of Minor
• California Courts Have No Inherent Authority to Disclose Grand Jury Evidence
• Oregon RLUIPA Claim Mooted By Release; Damages Not Available Under RLUIPA
• Oregon Court Reverses Civil Commitment without Prehearing Notice
• Oregon "Magistrate Mental Illness Hold" Invalid; Judge, Prosecutor & Defense Attorney Face Ethics Complaints
• United States District Court in New York Sides with Prisoners in § 1983 Action against Former New York Governor George Pataki and Others by Derek Gilna
• Ninth Circuit Acknowledges Prisoner’s Right to Extended Voir Dire in Suit Alleging Abuse by Idaho Jail Officials
• Ohio Motorist Shot in Face by Police Receives $450,000 Settlement
• Supreme Court Considers Oklahoma Punitive Sterilization Issue
• Oregon Jail Guard Canned for Repeated Gross Negligence
• Tenth Circuit Reduces Attorney Fees under Federal Rule of Civil Procedure 68 in Police Excessive Force Settlement
• Texas Gang Member Lockdown Without Hearing Upheld
• Pennsylvania Jail Detainee's Complaint over Tight Ankle Monitor Survives Motion for Summary Judgment
• Oregon Cop Sexually Abuses Relative; Gets 75 Months
• Vermont Guard-Lovers Barred From Working Same Shift
• Oregon Guard/Police Unions Sue over Healthcare Surcharges
• Tight Budgets Push States to Consider Alternatives to Incarceration
• Second Circuit Examines New York Prisoner’s Jail Mail Restrictions
• Oregon Courts Authorized to Correct Judgment's Factual Errors
• Tenth Circuit Court of Appeals Reverses Colorado District Court on Mail Issue; Jail Publication Ban Unconstitutional
• Washington DOC Can Collect Incarceration Fees Waived by Trial Court
• Washington Cop Retaliation Nets $1.65 Million
• Ninth Circuit Rejects AOL Class Action Settlement Based on Objections by Class Member
• Seventh Circuit Court of Appeals Reinstates Prisoner's Deliberate Indifference Claim against Illinois Prison Medical Officials
• Seventh Circuit Affirms Against Illinois Arbitrary Gain-Time Allegation
• Washington Force-Feeding Interests Outweigh Prisoner's Privacy Rights
• Second Circuit Affirms Dismissal of Bivens Action Based upon Improper Service of Process
• South Dakota: First Amendment Right of Access to Criminal Trials Extends to Civil Trials as Well
• Sixties Singer Torches Debt Collector's Car; Mocks Court
• Sixth Circuit: Prisoner’s “Insolent Speech” at Disciplinary Hearing Not Protected Under First Amendment
• Oregon Supreme Court Overturns Ban on Harsher Sentences after Successful Appeals
• From the Editor by Paul Wright (p 16)
• Minnesota Man Settles Lawsuit for $229,500 and Policy Changes to Assist Deaf Arrestees (p 17)
• Audits Identify Problems with Michigan Prisoner ReEntry Initiative by David Reutter (p 18)
• Florida DNA Mix-Up Raises Questions about Rapist’s Conviction (p 19)
• California U.S. District Court Holds that Prop. 9 Does Not Supersede Previously-Issued Injunction Regarding Parole Revocation Procedures by John Dannenberg (p 20)
• U.S. Department of Justice Soft on Corporate Crime (p 22)
• New Jersey Comptroller Criticizes, Questions Halfway House Contracts by Derek Gilna (p 24)
• Former California Assistant Sheriff Awarded $183,688 in Backpay Despite State and Federal Convictions (p 26)
• Ohio Prison Guards Denied Qualified Immunity for Leaving Prisoner Handcuffed for 12 Hours (p 26)
• PLN Lawsuit Ends No-Publication Policy at Washington Jail, Results in $180,000 Settlement (p 28)
• California Plans to End Out-of-State Prisoner Transfers by David Reutter (p 28)
• Texas Prison System Increases Prisoners’ Monthly Phone Minutes by Matthew Clarke (p 30)
• Oklahoma Taxpayers Foot $13.5 Million Settlement Bill for Sexual Abuse by Jailers by David Reutter (p 30)
• California Prisoners Seek End to Long-Term Segregation, Oppressive SHU Conditions (p 32)
• Maryland DOC Rescinds Ban on Prisoner’s Book (p 36)
• Alabama Prison Guards Charged in Prisoner’s Murder (p 38)
• Missouri Court Finds Prisoner Phone Contract Bidding Process Unfair (p 38)
• Michigan Introduces Tasers to Prison System by David Reutter (p 40)
• Another Oregon Prison Food Manager Accused of Misconduct (p 40)
• Washington State Court Holds Requester Has the Right to Joinder in Suit Seeking to Bar Disclosure of Public Records (p 41)
• California Pays $2.5 Million After Girl Attempts Suicide at Juvenile Facility (p 42)
• Study Reveals High Rates of Sexually-Transmitted Diseases at Maricopa County, Arizona Jails (p 42)
• Saginaw County Jail in Michigan Settles Prisoner’s Wrongful Death Suit for $1.3 Million (p 44)
• $2.4 Million Awarded for Wrongful Death of Virginia Prisoner (p 44)
• Private Prison Industry Exerts Political Influence in Arizona (p 45)
• Texas Parole Board Removes Onerous Sex Offender Conditions from 176 Parolees (p 46)
• Most Second Chance Act Money Goes to Government Agencies by Derek Gilna (p 46)
• $1 Million Settlement in Maricopa County, Arizona Jail Prisoner’s Beating Death (p 47)
• Prisoners Win Three Jury Trials in Eastern District of California (p 48)
• Federal Suit Targets Dangerous, Unconstitutional Conditions in Fresno County, California Jail System (p 48)
• Florida Nurse Accused of Scalding Prisoner with Hot Water (p 49)
• News in Brief: (p 50)

June

• Ninth Circuit agrees with Defendant and Reverses Contempt Conviction by Derek Gilna
• The Private, Nonprofit Prison by David Pozen
• God’s Own Warden: If you ever find yourself inside Louisiana’s Angola prison, Burl Cain will make sure you find Jesus – or regret ever crossing his path by James Ridgeway (p 1)
• Minnesota: Removal Not Required where Judge's Spouse is Employed by Prosecutor's Office
• Mississippi Supreme Court Denies Equity Court Review of Death Penalty Cases by Derek Gilna
• New York District Court Rules on Prison Mail Issue
• Angola: A Prison Passion Play by John Dannenberg (p 10)
• From the Editor by Paul Wright (p 12)
• No Budget Cuts for Federal Prisons by James Ridgeway (p 14)
• Death Sentences, Executions Remain at Low Levels by Justin Miller (p 16)
• Dallas County Passes Jail Inspections ... Finally (p 17)
• California Lifers: Deaths Exceed Parole Releases by John Dannenberg (p 18)
• Michigan Sex Offender’s Suicide Results in Changes to Sex Offender Registry Law by Matthew Clarke (p 18)
• Background Checks that Bar Employment of Ex-offenders May Violate Civil Rights (p 20)
• Class-Action Settlement Cures Constitutional Violations at Pennsylvania Prison (p 22)
• Hawaii ACLU Files Suit on Behalf of Women Who Want to Marry Prisoners by Alex Friedmann (p 22)
• Wrongful Convictions Prove Costly, Especially for the Wrongly Convicted by Matthew Clarke (p 24)
• Guard Who Identified Over 100 Prison Rioters Pleads Guilty to Contraband Charge (p 24)
• Washington Prison Video Surveillance Recordings Exempt from Disclosure Under Public Records Act by Michael Brodheim (p 26)
• Oregon Increases Sex Offender Registration Requirements (p 26)
• Florida Closes Oldest Boy’s School, Best Known for Abusive Past (p 28)
• Failure to Advise Defendant of Ineligibility for Early Release Credits Renders Guilty Plea Invalid (p 30)
• Federal Investigation, Prosecution Targets Indiana Sheriff’s Officers by Derek Gilna (p 30)
• CCA Anti-Prison Rape Shareholder Resolution Fails to Pass (p 32)
• Ninth Circuit Rules that Washington DOC Religious Contractor Not a “State Actor” (p 33)
• Ninth Circuit Holds No Due Process Right Created by California’s Parole Scheme (p 34)
• Ohio Wrongful Conviction Results in $2.59 Million Settlement (p 34)
• Arizona Jails Refuse to Incarcerate Some Offenders (p 35)
• California Study Finds State Prison Overcrowding Driven by County Policy Decisions, Not Violent Crime Rates (p 36)
• The Last Gasp: The Rise and Fall of the American Gas Chamber, by Scott Christianson (University of California Press, 2011). by Julie Etter (p 36)
• Former BOP Guard Convicted, Sentenced in Murder-for-Hire Case (p 38)
• Pennsylvania County Prisons Not Reporting Critical Incidents (p 38)
• Iowa Supreme Court Holds Billing for Fraudulent Prisoner Phone Calls Not a State Law Violation (p 40)
• No “Strike” Under PLRA When Some Claims are Heard on the Merits by Brandon Sample (p 40)
• $47,500 Awarded to Massachusetts Prisoner Held in Segregation Without Hearing (p 42)
• Tenth Circuit Voids Albuquerque’s Attempt to Ban Sex Offenders from Libraries by Derek Gilna (p 42)
• Seven Florida Prison Guards Arrested (p 44)
• Second BOP Guard Convicted in Connection with Prisoner’s Murder by Brandon Sample (p 44)
• Washington Prisoners Have No Right to Inspect Records Under Public Records Act by Brandon Sample (p 45)
• Pennsylvania Prison Guard Convicted in Drug Probe, Testifies Against Coworkers (p 46)
• Judge, Not Jury, Must Resolve Questions about Administrative Exhaustion (p 46)
• $500,000 Settlement in Pennsylvania Jail Prisoner’s Medical-Related Death (p 47)
• ACLU Report Proves Smart Criminal Justice Policy Reform is Possible by David Reutter (p 48)
• News in Brief (p 50)

May

• District Court Awards over $300,000 in Attorney’s Fees in LAPD Excessive Force Case
• Arkansas Supreme Court Addresses Forma Pauperis Motion for Copy of Transcript
• 8th Circuit Court of Appeals Dismisses Missouri Jail Failure to Protect and Medical Neglect Case
• California Prison System Settles Marital Status Discrimination Suit
• Lying about Possessing a Weapon upon Arrest Booking Violates California Law; Does Not Implicate Fifth Amendment
• Alabama Condemned Prisoner Commits Suicide with Unknown Object
• California Prisoner's Syringe Possession Conviction Upheld
• Doctors Who Participate in Executions Not Disciplined for Ethical Violations by Matthew Clarke
• California Settles Suit over Damage to Prisoner's Medical Prostheses
• Death Caused by Speeding Arizona Cop Nets $1.35 Million
• Colorado Court Rejects Prisoner Claim of BOP Mistreatment
• 7th Circuit Dismisses Inadequate Police Protection Suit against City of Chicago
• DC Prisoner's False Imprisonment Claims Survive Summary Judgment
• 9th Circuit Grants Public Access to Search Warrant Records
• California Settles Prisoner's Retaliation and Loss of Property Suit for $500
• 9th Circuit Rejects Prisoner Self-Defense Theory in Assault with Shank by Derek Gilna
• 10th Circuit Weighs 1st Amendment Rights for Muslim Prisoners
• New York District Court Rules Jail Prisoners Entitled to Newspaper Access
• 1st Circuit Permits Massachusetts X-ray Drug Search
• California Prison System Settles Prisoner's Excessive Force Suit for $1,000
• California Settles Former Parolee's Untreated HIV and Delayed Release Suit for $2,500
• California Settles Prisoner's Excessive-Use-of-Force Suit for $5,000
• California Settles Prisoner's Improperly Confiscated Property Suit for $200
• California Prison System Settles Employee's Unlawful Discharge Suit for $98,000
• 8th Circuit Rules on Nebraska Prison’s Denial of Religious Publication and Jewelry
• Court Compels Discovery in Pennsylvania MRSA Death Case
• California Settles Prison Nurse's Employment Discrimination Suit for $15,000
• California Settles Prisoner's Medical Care Denial Claim for $50,000
• 9th Circuit Confirms Only BOP Can Designate Prison Assignments
• BOP Settles Medical Neglect Death Suit
• Army Scientist Paid $5.8 Million to Settle Anthrax Accusations Defamation Suit
• BOP's Motion to Dismiss Religious Discrimination Case Denied
• Philadelphia Woman Detained 54 Days as Material Witness Settles for $275,000
• Qualified Immunity Upheld in Maryland Prison Employees’ Suit over Strip Search Following Positive Ion Drug Scan
• Seventh Circuit Dismisses Wisconsin Deputy Sheriff’s Retaliation Claim
• Oregon Exotic Dancer Sues Police for Excessive Force
• Prisoner Settles Suit over Failure to Treat Crohn's Disease
• Presidential Death Threat Nets Four More Years; Mentally Ill Oregon Prisoner Continues Murder Plots
• Oregon Jail Guard Stabbed in the Face with Pencil
• Sixth Circuit Holds Lethal Injection Protocol Challenge Time Barred
• Oregon Cop Sexually Abuses Minor, Gets 10 Years
• Houston, Texas Must Disclose Fatal Police Shooting Records
• Massachusetts Supreme Court Rules Prison Mail Regulations Vague & Overbroad
• Fifth Circuit Issues Landmark Ruling on Texas Prison System Correspondence Rules
• Seventh Circuit Upholds Dismissal of Police Excessive Force and Supervisory Liability Suit Brought by Veteran Illinois Prison Guard
• Prison Firing Range Noise Nuisance Does Not Amount to Regulatory “Taking”
• Oregon Conviction for Recording Police Encounter Reversed
• Culture of Abuse Continues at Oregon Mental Hospital Despite Ongoing DOJ Investigation
• Fifth Circuit Upholds Censorship of Louisiana Prison-Oriented Newsletter
• Florida Court Permits Female Prisoner's Lawsuit for Forced Sex with Guard to Go Forward by Derek Gilna
• Former Pennsylvania Guards Settle Retaliation Suits for $675,000
• Iowa Supreme Court Refuses Miranda Protection for Confession to Case Worker by Derek Gilna
• Oregon Cop Guilty of Sexting a Minor
• Maricopa County Settles Illegal Immigration Detention Suit for $200,000
• Minnesota District Court Directs BOP to Reconsider Prisoner’s Denial of Halfway House Placement by Derek Gilna
• New York Attorney Malpractice Nets $250,000 Default Judgment
• Second Circuit Dismisses New York Prisoner's § 1983 Action for Deliberate Indifference to Diabetic Diet
• ICE Deportation Officer Busted in Drug Smuggling Ring
• Louisiana Trustee Impregnates 11-Year Old; Trustee Program Cancelled
• Oregon Off-Duty Police Dog Bite Claim Nets $82,500
• Eighth Circuit Upholds Dismissal of Arkansas Jail Prisoner’s Excessive Force Claim
• Former Connecticut Prisoner's ADA and RA Complaint Survives Motion to Dismiss by Derek Gilna
• Rhode Island Wrongful Conviction Nets Detective over $600,000
• Oregon Suicide Death Suit Settled for $59,422
• California Immigrant Shackling Case Certified as Class Action
• Sixth Circuit Reverses Dismissal of Tennessee Prisoner’s Medical Claim
• Alaska Supreme Court Resolves Jail Funding Fight
• California: Guards and Other Prison Workers Agree to Contract Changes in Effort to Avoid Losing Jobs
• Virginia FOIA Inapplicable to State Corporation Commission
• Third Circuit Troubled by Courtroom Shackling of Prisoners
• 6th Circuit Upholds SORNA Conviction Despite Incomplete State "Implementation" by Derek Gilna
• California: Federal Judgment in Favor of Police Bars Subsequent State-Court Wrongful Death Action
• Washington Supreme Court Reverses Judge's Indigency Status Denial
• Summary Judgment Motion Filed With Amended Complaint Premature
• Police Misconduct Costs Chicago Taxpayers Millions of Dollars
• California Prison System Settles Untreated Cancer Case for Undisclosed Sum
• Arkansas Supreme Court Orders Sentencing Court to Run Two Sentences Concurrently
• Tennessee CCA Warden Denied Summary Judgment for Excessive Force
• Tennessee Court Grants Prisoner’s Investigative Record Request
• Colorado District Court Examines Responsibility in Issuing Search Warrants Following $425,000 Settlement for Illegal Computer Search
• 8th Circuit Court of Appeals Examines Possession in Prison Searches
• Tennessee Appeals Court Denies Prisoner's "Coram Nobis" Petition
• California Prisoner's First Amendment Claim Survives Motion for Summary Judgment
• Alaska Scope-of-Employment Certification Reviewable; State Immune from Guards' Excessive Force
• Utah Private Corrections Center Employees under Federal Indictment for Evidence Tampering
• Tennessee CCA Warden Fails to Prove Non-Exhaustion in Prisoner’s Excessive Force and Retaliation Suit
• Pro Se Lawyer Not Entitled to FOIA Attorneys' Fees
• Prison Guard's Racial Demotion Nets $18,000; Court Approves $82,000 Attorney Fee Award
• California Court of Appeal Grants Habeas Relief to Lifer Following Initial Board Appearance
• Washington Impound Law Does Not Bar Conversion Action
• Washington Public Records Act Dismissal Reversed
• California: District Court Awards Attorneys' Fees in Excess of $700,000 Despite Jury Award of Only Nominal Damages to Plaintiff in § 1983 Wrongful Death Suit
• Soy-Based Meals: Cruel & Usual in Florida
• Washington Sentence May Not Exceed Statutory Maximum; Court Determines Sentence Length, Not DOC
• Denial of Attorney’s Fees and Costs Reversed in New Hampshire Public Records Suit
• LAPD Cop Awarded $3.1 Million for Retaliation
• 35,948 Arrested Yesterday by Maya Schenwar
• Fifth Circuit Affirms Dismissal of Case Involving Texas Jail Prisoner’s Suicide
• Correspondence between NY State Prisoners and Disability Advocates Inc. Held to be Privileged and Non-Discoverable
• Former Puerto Rican Prisoner Wins Release but Loses § 1983 Action by Derek Gilna
• Illinois Supreme Court Upholds County Probation Departments' "Sanction" Alternative
• Discovery Sanction against New York City Sets Stage for Probable Damages Award in False Imprisonment Suit by Derek Gilna
• Former Ohio Sheriff Sentenced to One Year of House Arrest for Theft and Ethics Violations by Derek Gilna
• Juror Misconduct Nullifies $6.5 Million California Malpractice Verdict
• Find a Mini-14 Rifle? Oregon Prison Wants it Back!
• Requiring Oregon Prisoners to File Appeals Pro Se Abused Discretion
• Idaho Population Caps Continue; Class Counsel & Representatives Reappointed
• Michigan’s Abu Ghraib? Teaching Anthropology inside a Women’s Prison, On the Edge of a $100 Million Sex Abuse Scandal by Brian McKenna
• Connecticut Prison’s Groundhog Extermination Program Outrages PETA, Prisoners & Guards
• Fourth Circuit Reverses Injunction Relating to Publication of Social Security Number on Virginia Land-Transfer Records by Derek Gilna
• Fourth Circuit Reverses Muslim Prisoner Mail Restrictions
• Illinois DOC Control Unit Case Certified as Class Action
• Human Rights Watch Report Faults ICE for Improper Treatment of Mentally Disabled Aliens by Derek Gilna
• DOJ Investigation Forces Indiana Juvenile Teacher License Upgrade
• Michigan Supreme Court Reverses Its Own Decision Allocating Greater Funding for State’s Public Defender Offices by Derek Gilna
• Injuries Sustained As Result of Illegal Activity Not Compensable under Wyoming Worker's Compensation Act
• 21-Year Veteran Oregon Jail Guard Indicted for Sexual Assault
• Maryland: Off-Duty Deputies Liable for Mass Purchase of Newspaper Critical of Sheriff on Eve of Election
• Sixth Circuit Affirms Michigan Jail's No-Contact-Visiting Rule
• Maine Jailer Settles Federal Discrimination Suit
• Illinois: Prisoner Who Commits Disciplinary Infraction May Also Be Prosecuted In Court
• Excessive Force by Des Moines Police Officers Leads to Proposed Settlement of $500,000
• Maine: Final Order of Protection Vacated where Prisoner Not Afforded Opportunity to be Heard
• $1,000 for Ohio Public Record Destruction; Party Must Intend to Obtain Record to Collect
• Third Circuit Vacates Dismissal of Pennsylvania Prisoner’s Retaliation Claim
• California: Cop Blasts 7-Year-Old Special Ed Student with Pepper Spray; San Mateo Pays $55,000 to Settle Federal Lawsuit
• Appeals Court Reverses Summary Judgment in Malicious Prosecution and Evidence Concealment Case against Boston Police Department by Derek Gilna
• Federal Court Certifies Class in Lawsuit Challenging Adequacy of Safeguards Provided To Mentally Incompetent Aliens in Immigration Proceedings
• Second Circuit Rules No Property Interest in Prison Industries Job, Joining Third, Fifth and Seventh Circuits
• Prison Slave Labor Replaces Freeworld Workers in Down Economy by David Reutter (p 1)
• Report Deconstructs Urban Legend of 100,000 Missing Sex Offenders by David Reutter (p 8)
• Work Crews Salvage Georgia Prison Contract by David Reutter (p 8)
• Eighth Circuit Affirms No First Amendment Right to Lower Prison Phone Rates by Matthew Clarke (p 10)
• From the Editor by Paul Wright (p 10)
• PLN Public Records Suit Reveals Litigation Payouts for District of Columbia DOC by Alex Friedmann (p 12)
• Prisons: An Unsustainable Jobs Program (p 16)
• Research Finds Capital Punishment System in California is Costly, Ineffectual (p 18)
• Ninth Circuit Holds Phoenix New Times Executives May Sue Special Prosecutor over Improper Arrests; Prosecutor Disbarred by Matthew Clarke (p 18)
• New York Not Liable for DOCS’ Unauthorized Addition of Post-Release Supervision (p 20)
• California Pilot Program Reduces Recidivism (p 20)
• Georgia Court Rules Prisoners Held in County Facilities Barred from Suing State for Negligence (p 21)
• Private Prison Health-care Industry Grows as States Cut Costs, Bringing in Millions of Dollars by Yana Kunichoff (p 22)
• Ninth Circuit Holds Hawaii Prison Officials Entitled to Qualified Immunity when Calculating Release Dates in Accordance with State Law (p 24)
• Seventh Circuit Upholds Indiana DOC’s Ban on Pen-Pal Ads by David Reutter (p 24)
• Dramatic Increase in Number of Hispanics Sentenced to Federal Prison by Matthew Clarke (p 26)
• $3,750 Posthumous Settlement in California Prisoner’s Medical Suit (p 26)
• Louisiana Sheriff Pleads Guilty to Corruption Charges (p 27)
• Pennsylvania Businessman Sentenced to 18 Months in “Kids for Cash” Kickback Scandal (p 28)
• Ninth Circuit Holds New Claims Need Only be Exhausted Prior to Filing Amended Complaint (p 28)
• Pennsylvania Prisoner’s $185,000 Jury Award Reduced to $75,005 by Matthew Clarke (p 30)
• Florida Lawmakers Disband Correctional Medical Authority (p 30)
• New Director of Tennessee Corrections Institute Faces Conflict of Interest (p 31)
• Florida Citizen Fights CCA over Public Records Request (p 32)
• California: Federal Court Grants Increased Attorney Fee Rates in Armstrong Disability Case (p 32)
• Ohio Prison Industry Cuts Over 35% of Workforce (p 33)
• Washington State Corrections Secretary Resigns Due to Affair with Subordinate by Matthew Clarke (p 34)
• Ninth Circuit Rules Sheriff May be Held Liable for Violence in Los Angeles County Jails (p 34)
• Tennessee Discontinues Polygraph Tests as Sex Offender Supervision Tool (p 35)
• Juvenile Facility Guard’s Bigamous Marriage Complicates Death Benefits (p 36)
• Arizona Privatizes Health Care in State Prison System (p 36)
• New York Prison System Allows Same-Sex Partners to Participate in Family Reunion Program (p 37)
• California Appeals Court Holds Release from Prison Moots Challenge to Parole Denial (p 37)
• Arizona DOC Makes Visitors Pay for Prison Maintenance, Repairs by Joe Watson (p 38)
• Seattle Federal Halfway House Case Manager’s Reentry Plan for Prisoner Allegedly Included Sex, Heroin by Derek Gilna (p 38)
• UNICOR Fraudsters Plead Guilty, Sentenced (p 40)
• Federal Bureau of Prisons Says DNA Backlog No Longer Exists by Derek Gilna (p 40)
• New Washington State Law Eliminates Tolling of Community Custody upon Violation (p 41)
• Reports on Privatizing Ohio Prisons Indicate Savings are Illusory by David Reutter (p 42)
• Failure to Refute Expert Testimony Warrants Summary Judgment Against California Prisoner Suing for Medical Malpractice (p 43)
• The Criminalization of Mental Illness in Missouri by Christopher Cross (p 44)
• Alabama Uses Federal Stimulus Money to Prop up Prison System (p 45)
• Class Certified in Lawsuit Challenging Conditions at CCA-operated Indiana Jail, but Case Dismissed on Summary Judgment by David Reutter (p 46)
• Civil Commitment Must be Challenged through Commitment Proceedings Instead of Habeas Corpus by Brandon Sample (p 47)
• Third Circuit: § 2241 is Proper Vehicle for BOP IFRP Challenges by Mark Wilson (p 48)
• New Mexico Judge Arrested for Raping Prostitute (p 48)
• Seven Argentine Military Officials Sentenced for Crimes against Prisoners (p 49)
• News in Brief (p 50)
• Arizona Governor Cleans House, Restocks Clemency Board with Cronies and Hardliners

April

• State-by-State Prisoner Rape and Sexual Abuse Round-Up by Matthew Clarke (p 1)
• Ohio Facility is Recycling Trash, Saving Money Thanks to Prisoners’ Slave Labor by Joe Watson (p 17)
• Indiana Prosecutor Disciplined for Conflict of Interest by Matthew Clarke (p 18)
• From the Editor by Paul Wright (p 18)
• HRDC, Other Organizations Send Joint Letter to Tennessee DOC Commissioner by Alex Friedmann (p 20)
• Fourth Circuit Remands Prisoner’s Equal Protection Claim by Michael Brodheim (p 21)
• Court Grants Preliminary Injunction to PLN in Sacramento County Jail Censorship Suit (p 22)
• Texas Harasses, Denies Compensation to Wrongly Convicted by Matthew Clarke (p 22)
• Rumsfeld, Military Officials Immune from Suit by Foreign Nationals Alleging Torture on Foreign Soil by Michael Brodheim (p 24)
• Texas Prisoner Health Care Underfunded (p 24)
• Challenge to BOP’s Ban on Sexually Explicit Publications Dismissed by Brandon Sample (p 26)
• ACLU of Arizona Surveys Taser Use in Statewide Report by Joe Watson (p 26)
• New York City DOC Jail Official Resigns Amid Corruption Probe (p 27)
• Thousands Referred but Very Few Qualify for Commitment as Sexually Violent Predators in California (p 28)
• Ninth Circuit Holds Prisoners May be Compelled to Provide Blood Samples Under California DNA Act (p 28)
• California Prison Doctors Accused of Misconduct Get Paid to Shuffle Paperwork, Deliver Mail (p 29)
• Court Finds Pennsylvania Jail’s Phone Bidding Process was Rigged; Contract Awarded to Another Company (p 30)
• Murderer Registry Becomes Law in Illinois by Joe Watson (p 30)
• Rehabilitation Finding Eliminates 30-Year Minimum Sentence for Aggravated Murder, but Oregon Parole Board Balks by Mark Wilson (p 32)
• Withdrawal of Approval of New Mexico Jail Class Action Settlement Not Appealable Order (p 34)
• Washington State Prisoner Granted Preliminary Injunction to Treat Neuroma; Case Settles for $120,000 (p 34)
• Illinois Governor Signs Bill Banning Death Penalty, Commutes All Death Sentences by Matthew Clarke (p 36)
• Mississippi Oversight Committee Finds Fault in Operation of Prison Canteens by David Reutter (p 36)
• Florida Senate Rejects Privatization of 27 State Prisons – but Just Barely (p 38)
• Connecticut District Court Finds ICE Agents Not Shielded from Bivens Liability; Suit Settles for $350,000 by Derek Gilna (p 40)
• Texas Prison Guard Gets Five Years for Scalding Child by Alex Friedmann (p 42)
• Eighth Circuit Revisits Muslim Prisoner’s Settlement with Nebraska DOC; $74,000 in Attorney Fees Awarded by Derek Gilna (p 42)
• BOP Staff at FMC Lexington Recover Monetary Damages and Attorney Fees for Privacy Act Violations by Derek Gilna (p 44)
• No Qualified Immunity for Guard Who Failed to Protect Prisoner from Sexual Abuse by Brandon Sample (p 45)
• Incarcerated Veterans Help Other Incarcerated Vets Obtain Disability Benefits by Michael Brodheim (p 46)
• The Trials of Eroy Brown: The Murder Case that Shook the Texas Prison System, by Michael Berryhill (University of Texas Press, 2011). 244 pages, $29.95 by Mel Motel (p 46)
• Ohio Jails Find Loophole to Again Charge Booking Fees (p 47)
• Pennsylvania Parole Board May Not Condition Parole of Sex Offender on Admission of Guilt Due to Ex Post Facto Violation (p 48)
• Oklahoma City Not Liable for Wrongful Conviction Resulting from Falsified Forensic Evidence by Matthew Clarke (p 48)
• California: State Settles Prisoner’s Lawsuit for $10,000, then Delays Payment (p 49)
• News in Brief: (p 50)

March

• Tenth Circuit Affirms Dismissal of § 1983 Complaint Which Fails to Specifically Connect Defendants to Alleged Violations
• California Syndicalism Statute Not an Act of Congress; Appeals Court Injunction Reversed
• Tenth Circuit Affirms Sentence in Excess of Federal Advisory Guidelines for Sex Offender Who Violated Terms of Supervised Release
• United States District Court Grants Summary Judgment in Internet Libel Case
• Third Circuit Clarifies Federal Civil Procedure Rule 68 Concerning Attorney’s Fees
• Jury Awards $13,000 in Tennessee CCA False Imprisonment Suit
• California Prison System Settles Employee Lawsuit for $775,000; Second Suit Pending
• How Victim Rights Shaped Spending, Laws and the Future of Punishment in Colorado by Alan Prendergast (p 1)
• Survey Shows College Courses for Prisoners Reduce Recidivism, but Few Exist by Matthew Clarke (p 10)
• From the Editor by Paul Wright (p 10)
• Georgia Jail Guards Charged in Prisoner Abuse Incident (p 11)
• Medical Parole Law Costs California Taxpayers Millions of Dollars (p 12)
• Workers’ Comp Claims by Illinois Prison Guards Under Investigation by David Reutter (p 14)
• Offenders Cannot Sue Over Violations of Interstate Probation Transfer Compact (p 15)
• Exec with GEO Group, which Operates Immigration Detention Facilities, Intimidates Immigrant In-Law (p 16)
• 31,000 Criminal Cases Under Review After Detroit Crime Lab Closes (p 17)
• CCA Objects to Shareholder Resolution Filed by Former CCA Prisoner, PLN Associate Editor (p 18)
• $125,000 Settlement in New Jersey Jail Delayed MRSA Treatment Case (p 19)
• Electronic Monitoring: Some Causes for Concern by James Kilgore (p 20)
• Pennsylvania Jail Guard Accused of Stealing from 93-Year-Old Widow (p 21)
• Settlement in Alabama Prison Overcrowding and Violence Suit by David Reutter (p 22)
• U.S. Department of Justice Releases Statistics on Jail Prisoners at Midyear 2010 by Matthew Clarke (p 22)
• $10 Million Settlement in Suit Over Oklahoma Sheriff’s Sex Abuse Scandal by David Reutter (p 24)
• Death Sentence Reversed Due to “Accidental” Perjury by Texas Prison Investigator by Matthew Clarke (p 26)
• Forty Percent of Adult Offenders Return to Prison Within Three Years of Release (p 26)
• HRDC Files Suit on Behalf of Family of Hawaii Prisoner Murdered at CCA Facility (p 28)
• Texas Psychologist Who Approved Prisoners for Execution Receives Reprimand by Matthew Clarke (p 30)
• Prisons in California, Indiana and New Mexico Go Solar (p 30)
• New Prison HIV Medication Rules Subject of Massachusetts Suit (p 32)
• California’s Race-Based Prison Lockdowns Targeted in Class-Action Lawsuit (p 32)
• Federal Halfway House Director Embezzles $213,787 by Mark Wilson (p 33)
• Empty Jail Beds Bankrupting Minnesota Counties (p 34)
• Maine Prison Warden’s Purchase of State Property Voided (p 34)
• $105,000 Settlement for Pennsylvania Jail Prisoner Assaulted by Tobacco Gang (p 36)
• Report Says Reentry Agencies Should Hire Former Prisoners by Joe Watson (p 36)
• South Carolina Crime Stoppers Snitch Line Scammed by Brandon Sample (p 37)
• Former Oregon Prison Nurse Pleads Guilty to Drug Charges (p 37)
• $500,000 Jury Award for Rape of New York Pretrial Detainee Reinstated on Appeal (p 38)
• Two Charged with Scamming $2.6 Million from Prisoners and Prisoners’ Families (p 38)
• Supreme Court Boots Challenge to SORNA (p 39)
• Indiana Cuts Prison College Courses by Matthew Clarke (p 40)
• Florida Jail to Discontinue Providing Underwear by David Reutter (p 40)
• Report Criticizes Ohio Prison Doctor Who Resigned by David Reutter (p 41)
• Texas Prison Employees Accused of Improper Relationships with Sex Offenders (p 42)
• Texas Prisoners Serve Average of 58% of Their Sentences by Matthew Clarke (p 42)
• Idaho Jail Institutes Pay-to-Stay-Out Program (p 43)
• $1 Million Settlement in Oklahoma Jail Prisoner Wrongful Death Suit by Matthew Clarke (p 44)
• California Court of Appeal Upholds Attorney’s Fee Award in Excessive Force Case (p 44)
• Los Angeles ADA Agrees to Pay $1.2 Million to Settle DUI Suit by Michael Brodheim (p 45)
• California: CDCR Releases 2011 Recidivism Report (p 46)
• California: Orange County Settles Suit Over Jail Detainee’s Death for $2.1 Million by Michael Brodheim (p 46)
• Missouri Federal Court Enjoins Denial of Housing Assistance to Sex Offender by Matthew Clarke (p 47)
• Haitian Prison Conditions Deteriorate in Aftermath of Massive Earthquake by Holly S. Cooper (p 48)
• Nebraska Judge Dismisses Charges Against Omaha Jailers by Matthew Clarke (p 49)
• News in Brief (p 50)

February

• California: $125,000 Settlement in Wrongful Death Case; Police Shot Victim
• Ninth Circuit: Prevailing Civil Rights Defendant Entitled to Recover Attorney Fees Only with Respect to Work Attributable Exclusively to Frivolous Claims
• Sixth Circuit: “Security Threat Group” Designation Does Not Warrant Due Process Protections
• New York Prison Disciplinary Procedures Violate Due Process, But That’s OK
• $175,000 Settlement in New York False Arrest Suit
• California: Failure to Accommodate Hearing-Impaired Parolee Leads To $100,000 Settlement
• California Federal Jury Awards $217,784 to Diabetic Bodybuilder Beaten by Police
• Federal Court Holds New Jersey Prisoner's PLN Denial Claim is Valid
• $350,000 Settlement Reached in Negligence Suit over California Youth Prison Suicide
• $180,000 Settlement Reached in a False Imprisonment Suit against Private Security Contractor
• Motion to Dismiss Prisoner’s Soy Diet Suit Denied
• Minnesota’s State Court of Appeals Affirms Denial of Name Change for Ex-Felon
• $115,000 Settlement in BOP Excessive Use of Restraints Suit by Brandon Sample
• California Moratorium on Executions Continues
• 9th Circuit: Appeals Court Lacks Jurisdiction over Non-Final Order For New Parole Hearing
• U.S. Supreme Court Limits Edwards Rule by Brandon Sample
• California: Guard Union Members Not Entitled to Back Pay for Furloughed Days
• $465,000 Award in New York Jail Guard’s Sexual Harassment Suit
• HUD Regulations Don't Justify Terminating Lifetime Sex Offender Registrant from Federally-Appointed Housing Program
• CDCR Pays $25,000 to Settle Employee Harassment Claim
• California DOC Agrees to $135,000 Settlement for Failing to Diagnose Prisoner’s Cancer, Resulting in Death
• $150,000 Settlement in Tulsa, Oklahoma Police Beating of Juvenile Suit
• California: Prior Conviction for Being a “Felon in Possession of Firearm” Admissible as Evidence in Subsequent Criminal Trials
• California Prison Sexual Harassment Case Settles for $210,000 by Mark Wilson
• PLRA Limits Attorney Fee Award to $7,500; Prisoner Required to Pay Part of Fees by Brandon Sample
• $8,000 Settlement in Washington DOC False Imprisonment Suit
• 9th Circuit: Equitable Estoppel Applies Where Fraudulent Concealment by Police Thwarts Filing of Claim within Statute of Limitations Period
• Folsom Prison Officials Settle Prisoner Retaliation Suit for $325
• $375,000 Settlement Reached in Racial Discrimination Suit against California DOC
• Conspiracy Claim Must Be Supported by Facts
• California Shells Out $250,000 to Settle Prisoner’s Wrongful Death Suit
• California Supreme Court Clarifies Meaning of Public Interest Litigation
• CDCR Pays $7,500 to Resolve Payment Dispute in Employee Sexual Harassment Suit
• New York: $12,500 Settlement Reached in Youth Center Abuse Suit
• Prisoner Who Faces No Irreparable Injury Not Entitled to Preliminary Injunction
• Oklahoma Man Rejects $10,000 Settlement, is Awarded $424 for Jail Assault
• California Prisoner Settles Medical Indifference Claim for $8,500
• Oregon Man Sues Jailers at “$17 Million Torture Chamber”
• Permanent Injury from Excessive Force by Georgia Jail Guards Worth $892,138
• CA City Agrees to Pay $750,000 to Former Cop Tasered During Unlawful Arrest
• Sovereign Immunity Withstands RLUIPA; Jewish Succah may be Permissible Religious Exercise
• City of Everett, Washington Settles Police Shooting Suit for $500,000
• Washington: $260,000 Settlement in Unlawful Strip Search and Taser Case
• Suit Over Police Beating of Fort Worth Prisoner Settled for $120,000
• Qualified Immunity Denied to Guard Who Failed to Provide Safe Transport
• California: $5,000 Settlement in Wrongful Imprisonment
• California: $3,500 Settlement to Woman Hit by Door Opened by Police Officer
• Award for Freed Prisoner Vacated by Louisiana Appellate Court
• $11.5 Million Jury Award to Family of Man Wrongfully Killed by Cop
• $880,000 Settlement in Federal Prisoner’s Death in Washington State by David Reutter
• Seventh Circuit: Crawford Not Applicable to Revocation Hearings
• $1,800 Settlement in Clerical Error Resulting in Jail Time
• Politics as Unusual: Senate President Crosses the Line by Randy Berg
• New York City Settles Deliberate Indifference Suit for $125,000
• Municipality may be Held Liable Under § 1983 only for its Own Violations of Federal Law, Irrespective of Whether Relief Sought is Monetary or Prospective
• Cop who Assaulted other Cop Ordered to Pay over $23K
• Federal Appeals Court Denies Colorado Prisoner’s “Mail Box Rule” Appeal
• $1,836 Settlement in Mistaken Identity Arrest
• Florida Provides Lesson in How Not to Privatize State Prisons by David Reutter (p 1)
• PLN Exclusive! Exec with GEO Group Informs Daughter-in-Law He will Report Her to Immigration Authorities
• Florida: Legislature's Attempt to Shift Overhead Costs of Appointed Counsel for Indigents from State to Counties Deemed Unconstitutional
• Florida U.S. District Court Denies Motion for New Trial in Fourth Amendment Case, Upholds Big Damage Award
• Israeli Study Shows Parole Decisions May be Affected by Whether Board Members are Hungry (p 8)
• From the Editor by Paul Wright (p 10)
• Alaska Medical Care Reimbursement Statute Extends to Former Prisoners; State Refuses to Pay Part of Medical Malpractice Judgment by Mark Wilson (p 10)
• Prisoners Contribute to Flood Control Efforts in Louisiana (p 11)
• Business is Booming for Prison Profiteers by James Kilgore (p 12)
• PLN Settles Censorship Suit Against South Carolina Jail; County Agrees to Pay $599,900 and Change Policies (p 14)
• Colorado CCA Prison Uprising: New Details of Unheeded Warnings Emerge in Epic Lawsuit by Alan Prendergast (p 14)
• New York City Jail Considered Serving Spoiled Meat by David Reutter (p 16)
• Doctors Propose Changes to Fix Flaws in Compassionate Release Programs by Michael Brodheim (p 16)
• Alaskan Private Prison Promoter Arrested in Mexico, Extradited to U.S. on Child Sexual Abuse Charges (p 18)
• California Governor Cozies up to Prison Guards and Crime Victim Advocates (p 18)
• GEO Group Ends Florida PAC (p 19)
• Some States Resist Implementing Adam Walsh Act Requirements (p 20)
• Fight Brewing Between County Jails and Private Prisons in Kentucky (p 20)
• Rikers Island Guards File Suit Alleging Cancer-Causing Toxin Exposure by Mark Wilson (p 22)
• Oregon Discontinues Failed Prisoner Deportation Program (p 22)
• Private Equity Firms Profit Handsomely from Prison Phone Services (p 23)
• Mother Questions Her Son’s “Natural” Death in Colorado CCA Prison by Alan Prendergast (p 24)
• Head of Missouri Jail Sentenced for Beating, Arranging Attacks on Prisoners (p 24)
• CDCR Pays $12,000 to Settle California Prisoner’s Pro Se Caging Suit (p 25)
• Settlement in New York City Jail Mental Health Services Case Still Alive (p 26)
• Texas Prisoner on Idaho Presidential Primary Ballot in 2008 by Mark Wilson (p 26)
• Washington DOC Employee Faces Ethics Complaint for Running Non-Profits on State Time Using State Resources by Matthew Clarke (p 28)
• Audit Recommends Cost-Saving Measures for Minnesota Sex Offender Program (p 28)
• Videotaped Assault at Idaho CCA Prison Sparks FBI Investigation by Mark Wilson (p 30)
• BOP Settles Prisoner Rape Suit for $625,000 by Brandon Sample (p 30)
• Texas Towns Saddled with Empty, Expensive Privatized Prisons and Jails by Matthew Clarke (p 32)
• Homeless New Mexico Sex Offender Arrested for Moving Out of Dumpster (p 33)
• FBI Looks into Relationship between GEO Group and Former Florida House Speaker by David Reutter (p 34)
• Massachusetts: Guards Suspended, Accused of Threatening to Kill Escaped Prisoner in Scheme to Generate Overtime (p 34)
• Prison Phone Rates Under Scrutiny by Louisiana Regulatory Agency (p 36)
• Federal Probation Officer Sexually Abused Clients, Sentenced to Ten Years by Mark Wilson (p 36)
• Agreement Between Florida DOC and DOT Steals 1,000 Freeworld Jobs by David Reutter (p 38)
• New Mexico Continues to Let Understaffed Private Prisons Slide on Most Contract Violations by Matthew Clarke (p 38)
• Washington Prisoner Killed During Prison Industries Escape Attempt (p 39)
• Oregon’s Attorney General Accused of Botched, Abusive Prosecutions by Mark Wilson (p 40)
• California Pays $10,000 to Settle Sex Abuse Suit Brought by Transgender Prisoner (p 43)
• Ninth Circuit Applies Turner Test to Evaluate First Amendment Interest in Prisoners’ Receipt of Unsolicited Publications by Michael Brodheim (p 44)
• Texas Court of Criminal Appeals Credits Sentence with Time on Appeal Bond (p 44)
• Arizona Ranchers Use Prison Labor to Construct Erosion-Prevention Dams (p 45)
• Study Reports on Undiagnosed HIV Infections in New York City Jails by Matthew Clarke (p 46)
• Former Oregon Prison Official Faces Ethics Probe (p 46)
• Texas Court of Criminal Appeals Rules Against Parole Board on Imposition of Sex Offender Restrictions on Non-Sex Offenders by Matthew Clarke (p 48)
• Colorado Prison Murder Prosecutions Include Coerced Witnesses, Withholding of Evidence (p 48)
• California: Prison Visitor Settles Slip-and-Fall Suit for $175,000 (p 49)
• News in Brief: (p 50)

January

• Days Without End: Life Sentences and Penal Reform by Marie Gottschalk (p 1)
• From the Editor by Paul Wright (p 16)
• Family of Prisoner Strangled in Oklahoma GEO Private Prison Awarded $6.5 Million by Matthew Clarke (p 16)
• Florida, Arizona Sell and Lease Back Prisons and Other State Buildings (p 18)
• The Societal Impact of the Prison Industrial Complex, or Incarceration for Fun and Profit—Mostly Profit by Alex Friedmann (p 20)
• Virginia Wrongful Death Jail Suit Against Correct Care Solutions Settled for $1 Million (p 24)
• Problems at North Carolina State Bureau of Investigation Crime Lab (p 26)
• Federal Judge Sanctions Florida Sheriff’s Attorney for Threatening Plaintiff with Arrest (p 29)
• PLN Wins $230,000 in Settlement that Ends Spokane, Washington Jail’s Postcard-Only Rule (p 30)
• Budget Crisis Closes Oregon Prison for First Time in 159 Years (p 30)
• Deaths at Texas Jail Reveal Health Care Deficiencies (p 32)
• California Prison Industry Authority Offers to Replace Offensive Grave Markers (p 33)
• Texas Prisoner’s Denial of Dentures Claim Affirmed in Part, Reversed in Part by Fifth Circuit (p 34)
• Oregon Prisoner Property Claims Cost State $60,000 Annually (p 34)
• Review: Directory of Inmate Shopping Services E-Commerce by Michael Brodheim (p 36)
• Typewriters Alive and Well in American Prisons Despite Reports of Their Demise (p 36)
• California Criminalizes Cell Phone Smuggling, Seeks Technology to Block Cell Phone Calls from Prisons (p 38)
• Washington Prison Guard’s Murder Results in Demotions, Firings and $26,000 Fine by Mark Wilson (p 38)
• BOP Fails to Prove Non-Exhaustion Following Pavey Hearing by Mark Wilson (p 40)
• North Carolina Warden Charged With Obstruction in Beating Coverup (p 40)
• North Carolina Jury Awards $10 Million in Wrongful Death Suit Against Taser by Matthew Clarke (p 42)
• Illinois Prison Wages Cannot be Attached to Satisfy Incarceration Costs by David Reutter (p 42)
• CMS Pays $275,000 in New York Prisoner’s Jail Death (p 44)
• Audit Finds California Prison Employees Routinely Work Less Than 40 Hours a Week (p 44)
• Tennessee Court Again Orders CCA to Produce Records in PLN Public Records Case (p 45)
• Russian Prison Officials Sentenced for Torture and Rape of Prisoners by Matthew Clarke (p 46)
• Aramark Loses Laundry Contract to Oregon Prisoners (p 46)
• Prisoner Bike Repair Program Benefits St. Louis Kids (p 46)
• California Muslim Prisoner Afforded Access to Kosher Diet Pending Implementation of “Religious Meat Alternate Program” (p 47)
• Oregon Discontinues Failed Prisoner Deportation Program (p 48)
• Head of Missouri Jail Sentenced for Beating, Arranging Attacks on Prisoners (p 48)
• Prisoners Contribute to Flood Control Efforts in Louisiana (p 49)
• News in Brief: (p 50)