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Archive: 2013
December
November
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The Too-Many Prisoners Dilemma
by Dan Froomkin
(p 1)
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This Draconian System of Punishment and Abuse: An Interview with Former Political Prisoner Ray Luc Levasseur
by Aviva Stahl
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Voices from Solitary: A Prison Where the Building Becomes the Shackles
by Ray Luc Lavasseur
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From the Editor
by Paul Wright
(p 8)
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Texas Judges Rarely Disciplined, Seldom Publicly
by Matthew Clarke
(p 9)
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Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster
by Kent A. Russell
(p 12)
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The Real Costs of Incarceration in the United States
(p 15)
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Attorney Fees Not Exempt from Disclosure Under California Public Records Act
(p 17)
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PLN Files Censorship Suit Against Nevada DOC
(p 18)
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Traumatic Brain Injury Rate High Among Prisoners
by Matthew Clarke
(p 18)
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Debtors' Prisons Returning to America
by David Reutter
(p 20)
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Hell on Earth: Sexual Victimization of the Criminally Insane
by David Rosen
(p 22)
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China Vows to Finance Incarceration with Public Funds, Not Prison Profits
(p 23)
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PLN Challenges Postcard-only Policy at Tennessee Jail
(p 24)
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Oregon Considers Subsidizing Prison Medical Costs Through Medicaid
(p 24)
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Federal Justice Grants Favor Prosecution, Law Enforcement Over Indigent Defense
(p 26)
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Texas Prison Population Drops but Savings Evaporate
by Matthew Clarke
(p 26)
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Minnesota Judge Condemns System that Jails Mentally Ill
(p 28)
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Federal Prisoners Paid During Government Shutdown, but Not Prison Guards
by Derek Gilna
(p 28)
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GEO Group Pulls out of Mississippi Prisons
by David Reutter
(p 30)
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Gun Found in Segregation Cell at Privately-operated Mississippi Prison
(p 33)
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New Exonerations Registry Catalogs Over 2,400 Wrongful Convictions
(p 34)
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New York City Jail Chaplain Fined for Accepting Bribe, Pleads Guilty to Fraud Charges
(p 34)
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New Hampshire Supreme Court Revives Prisoner's Negligence Action
(p 35)
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Prisoners in Texas Jail Providing Less Slave Labor
(p 36)
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Book Review: Against Their Will: The Secret History of Medical Experimentation on Children in Cold War America
by Christopher Zoukis
(p 36)
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Third Circuit Reverses More Stringent Conditions of Supervised Release
by Derek Gilna
(p 38)
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Second Circuit: Bankruptcy Automatic Stay is No Excuse for Non-payment of Restitution
by Derek Gilna
(p 38)
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Best Criminal Defense Pleading Ever!
by Alex Friedmann
(p 40)
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Connecticut Supreme Court Reverses FOIA Disclosure of NCIC Printout
(p 40)
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California: No-Gang-Contact Probation Condition Struck Down
(p 41)
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Ninth Circuit: Adam Walsh Detention Doesn’t Toll Term of Supervised Release
by Derek Gilna
(p 42)
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Four West Virginia Officials, including Circuit Court Judge, Face Federal Charges
by Christopher Zoukis
(p 42)
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U.S. Department of Justice Reports Statistics on State Prosecutors
by Matthew Clarke
(p 44)
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Eighth Circuit Upholds North Dakota Transient’s Failure-to-Register Conviction
(p 44)
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California: Enhanced Presentence Conduct Credits Not Available to Defendants Who Committed Crimes Before Statute’s Effective Date
(p 45)
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Philippines Prison Suspends Thriller Dancers
(p 46)
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California: State Not Liable for Failure to Provide Needed Treatment so Long as Medical Care is Summoned
(p 46)
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ICE Directive May Limit Solitary Confinement of Immigrant Detainees
by Derek Gilna
(p 48)
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Denial of Contraceptive Pill to Prisoner States Cause of Action
(p 48)
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Anonymous PREA Hotlines Not So Anonymous
(p 50)
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Montana Jail Fresh Air/Exercise Lawsuit Certified as Class Action, Then Settles
(p 50)
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D.C. Circuit Clears Terrorism Suspect after 11-Year Ordeal
by Derek Gilna
(p 51)
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Audit Reveals Federal Prison Industries Faces Declining Revenue, Job Losses
by Derek Gilna
(p 52)
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Fifth Circuit: No Right to RDAP for Non-citizen Federal Prisoner
(p 53)
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Court Baffled by BOP's Steel-toe Boot Requirement for Prisoners
by Derek Gilna
(p 54)
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Prison Sentence Imposed for Sole Purpose of Drug Treatment Vacated by Eighth Circuit
by Derek Gilna
(p 54)
-
News in Brief
(p 56)
October
September
August
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Ninth Circuit Finds “Two-Step” Interrogation Requires Suppression of Confession in Drug Conviction
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Los Angeles County Proposes $350,000 Settlement in Suit Arising from Vehicle Collision Caused by Deputy Sheriff
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$800,000 Settlement in Illegal Strip Search Claim Against Kentucky Jail
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An Innocent Man Speaks: PLN Interviews Jeff Deskovic
(p 1)
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8th Circuit: Qualified Immunity Denied to Nebraska Investigative Team Which Manufactured False Evidence to Secure Murder Conviction of Innocent Party
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City of Chicago Sanctioned for Obstructing Discovery in Case of Wrongful Murder Prosecution
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Angry Oregon Prisoner's Excessive Force Suit Dismissed Mid-Trial
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Texas Lie Detectors Go Without Effective Regulation
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Affordable Housing Reduces Crime
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A Federal Prisoner Found Guilty of Making False Statements
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Tenth Circuit: No Qualified Immunity for Strip Search
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The Justice Project Calls for Jailhouse Snitch Reforms
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Pennsylvania Attorney’s Disciplinary Matter Exempt from Disclosure
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Maryland Police Covertly Spy on Peace, Anti-Death-Penalty Groups
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$450,000 Settlement in Prisoner’s Heroin Withdrawal Death Suit
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Attorney’s Fees Not Automatic Under Florida Rule 1.380
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Washington DOC May Rehear Bungled Disciplinary Infractions While First Outcome Is Under Judicial Review
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Florida’s Prison Bond Scheme Obscures Real Costs of Expansion
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TN Public Records Act Requires Disclosure of Police Report
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Airline Mechanic’s Termination for Failure to Provide Urine for Drug Testing Affirmed
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Michigan Family Donating $2.2 Million Settlement for Police Officer’s Killing of Unarmed Man
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Audit Report Recommends Michigan Privatize Prisoner Food Services
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Third Circuit Vacates Lifetime Computer/Internet Ban
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Washington’s Criminal Justice System Racially Biased; VRA Claim Fails
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Washington Prison Instructors Teach Racism and Brutality
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Washington Work Release Reduces Recidivism
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Washington DOC Can’t Impose 5 Years Flat Time for All 1st Degree Assault Convictions with Deadly Weapons Enhancements
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Deficiencies Found in Georgia Prison Maintenance Program
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Attorney’s Violation of Court’s Limine Order Requires New Trial
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TN Attorney General Says Public Records Act Requires Disclosure After Redaction of Exempt Portions of Records
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Damages for Improper Segregation Needs Resolution by Jury
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Sixth Circuit Vacates Section 1915(e)(2) Dismissal of Discrimination Claim
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NY Prison Disciplinary Hearing that Doesn’t Consider Insane Prisoner’s Mental Health Held Invalid
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Ninth Circuit Reverses Denial of RFRA DNA Challenge
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National Sex Offender Registry Delayed by Costs and Questions
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Prisoner Denied Pornography in a Wisconsin Prison
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Mentally Ill Federal Prisoner Denied Due Process in Disciplinary Hearing without Adequate Assistance
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Records Requested from Washington DOC Under Public Records Act May Be Rejected as Contraband
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Trustee Awarded $335,407 for Job-Related Accident
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Ninth Circuit Vacates Plethysmograph & Medication Conditions
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Ninth Circuit Enjoins Arizona’s Race-Based Traffic Stops
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Serial Killer Pleads Guilty to Cellmate Murder; County Pays Victim’s Family $120,000
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Sexual Harassment and Retaliatory Termination Nets $275,000
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Teen Assaulted by Cop Settles for Military School
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NY Prisoner’s Disciplinary Hearing Upheld Against Timeliness and Sufficiency of Evidence Challenges
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PLRA Administrative Exhaustion an Affirmative Defense
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Seventh Circuit Reverses Dismissal of Wisconsin Retaliation Suit
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Pennsylvania “Gunslinger” Guard Breaks Hand on Prisoner’s Face; Prison Officials Offer $5,000 Hush Money
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Two Victims of Police Misconduct Settled Lawsuit for $550,000
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SF Jury Finds Deputies Used Excessive Force, Should Pay $200,000 in Punitive Damages
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Rooker-Feldman Doctrine Bars Review of State Court Order by District Courts
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Oklahoma Guard Acquitted in Prisoner’s Death
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NY FOIL Requires Disclosure of Teacher’s Negotiated Guilty Plea in Disciplinary Action
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NY Prisoner’s Sanction for Not Providing Urine Sample for Drug Screening Affirmed
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New York Prisoner Awarded $25,000 in Slip and Fall
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ODOC to Taser Prisoners
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PA Cop’s Settlement Agreement in Termination Proceedings Exempt from Disclosure
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Prison Officials Not Liable for Injuries to Officer Incurred While Responding to Orchestrated Gang Fight
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Third Circuit Permits Institutionalized Persons to Challenge Proposed Class Action Settlement Agreement
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Sheriff May Be Liable for Cell-Check Policy that Led to Teenager’s Suicide
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Premature Appeal Not Frivolous Under PLRA
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PA Prison Might Unconstitutionally Restrict Prisoners’ Court Access
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Prisoners Pay the Price of Food Cost Increases
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California: Sacramento County Settles Medical Suit for $2,000
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California: Court Upholds Governor’s Authority to Contract with Out-of-State Private Prisons during Prison Overcrowding State of Emergency
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Ensign Amendment Upheld; BOP’s Failure to Retain Rejected Publications During Period of Administrative Review Violates Due Process
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Massachusetts Jail Subject to Department of Public Health Inspections and Regulations
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Justice Department Releases Report on Justice Expenditures and Employment
by Matthew Clarke
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Dismissal for IFP Prisoner’s Failure to Provide Copies for Service Improper
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LA Prison Conditions Held Unconstitutional
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Eighth Circuit Seeks Clarification from Arkansas Supreme Court; Arkansas’ “Conscious Indifference” Equals Federal “Deliberate Indifference”?
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Federal Rehabilitation Act Provides No Cause of Action Against Federal Government When Acting in Regulatory Capacity
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Judicial Estoppel Bars Government’s Shifting Legal Positions
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Kansas Supreme Court Clarifies Procedures to be followed in Addressing Requests for DNA Testing
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Excessive Gas May Substantially Burden Religion Under RLUIPA
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Florida Prisons End Religious Diet Accommodation
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California: Joint Pre-Trial Settlement Offer Valid in Wrongful Death Actions
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Maryland Prisoner Gets Sentence Reduction Credits for “Special Project” Work
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Fourth Amendment: Unclear When Social Workers Violate
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Massachusetts Incarcerated Felon Disenfranchisement Constitutional; Voting Rights Act Claim Survives
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Habeas Relief Unavailable for Civil Rights Violations
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Indiana Overcrowding Suit Certified as Class Action; Grievances Specific Enough to Satisfy PLRA
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Colorado DOC Investigates Multiple Murders of Prisoners at Sterling
by Matthew Clarke
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Closure Proper Remedy if Court’s Order Balked by Officials
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Maryland Court of Appeals Upholds Breathalyzer DNA Seizure
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Eighth Circuit Affirms Denial of Qualified Immunity
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Fifth Circuit Says Private Prisons Liable Under Section 1983
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D.C. Guards Fired for Failing to Recognize Female Prisoner in Male Unit
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Delaware Supreme Court Reverses Escape Conviction
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FOIA: Administrative Appeal Remedies Deemed Exhausted when Agency Fails to Timely Determine Scope of its Intended Response
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Deliberate Indifference Among Claims Surviving Dismissal in Detainee’s Death
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Florida Sheriff’s Moonlighting Activities Under Investigation
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City of Los Angeles Settles Suit with ACLU over Policing Practices on Skid Row
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$2,000 Settlement in Failure to Treat Dental Problems
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$5,001 Paid for Failing to Protect Florida Prisoner
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9th Circuit: Sanctions Under FRCP 45(c)(1) Not Justified Merely Because Party Seeking Discovery Failed to Prevail
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Connecticut Prohibits Disclosure to Prisoners of Investigation Reports Against Guards
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$30,000.00 Settlement Reached in False Imprisonment Suit Against Washington Department of Corrections
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BOP Good Time Regulation Promulgated in Violation of the APA; No Relief for Violation Ninth Circuit Holds
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California: City Not Liable for Police Officer’s Sexual Assaults on Minor
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9th Circuit Remands Case to District Court to Explain Its Order Reducing Prevailing Party’s Fee Request
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Bureaucracy Errors that Result in Overdetention Not Deliberate Indifference
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Comingling of Meanest and Greenest Prisoners Ordered to Cease in Maryland Prisons
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8th Circuit Allows Reckless Investigation Suit to Proceed After DNA Evidence Leads to Pardons for Four Convicted Murderers
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Bodily Injury Enhancement in Federal Guidelines Requires Significant Injury
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Ninth Circuit Upholds BOP Boot Camp Termination
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Report: BOP Fails to Monitor Effects, Conditions of Segregated Housing
by Derek Gilna
(p 15)
-
From the Editor
by Paul Wright
(p 16)
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Supreme Court Holds Padilla Not Retroactive
by Derek Gilna
(p 16)
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Sixth Circuit Addresses Spoliation Sanction Standard
(p 17)
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Please Stop "Reforming" Pelican Bay
by Maya Schenwar
(p 18)
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West Virginia Court-Supervised Parole and Condition Barring Association with Spouse Upheld
(p 19)
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Federal Court Orders California to Release 9,600 More Prisoners
by John Dannenberg
(p 20)
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Fourth Circuit: Sex Offender Registration Not "Custody" for Section 2254 Jurisdiction
(p 22)
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Federal Court Rules Against Alabama DOC in Class-action HIV Discrimination Suit
(p 24)
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Canadian Prisoners Receive $3.5 Million in Settlements
by Derek Gilna
(p 25)
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HRDC Invited to Speak at Unprecedented FCC Workshop on Prison Phone Rates
by David Ganim
(p 26)
-
Fifth Circuit Upholds Dismissal of PLN's Censorship Suit Against TDCJ
by Matthew Clarke
(p 28)
-
Trial Held in Texas Prison Courtroom Not Open to the Public
(p 29)
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Qualified Immunity Denied to Nurses who Ignored Prisoner's Symptoms of Active TB; $2.28 Million in Damages, Fees and Costs on Remand
(p 30)
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Millions in Security Equipment Wasted at Rikers Island
(p 30)
-
Supreme Court Upholds DNA Collection as Part of Jail Booking Procedures
by J.R. Bloom
(p 32)
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New Tennessee Parole Board Members have Apparent Bias Against Granting Parole
by Alex Friedmann
(p 34)
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HRDC Receives First Amendment Award
(p 34)
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No Justice: Sex Offenses, No Matter How Minor or Understandable, Can Ruin You for Life
by Charlotte Silver
(p 36)
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California Jail Installs New Microgrid to Cut Energy Costs
by Derek Gilna
(p 39)
-
Genetic and DNA Evidence: The Emperor Has No Clothes
by Ernest P. Chiodo
(p 40)
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Third Circuit: Requiring Admission of Guilt to Participate in Mandatory-for-Parole SOTP Not a Fifth Amendment Violation
by Matthew Clarke
(p 41)
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Montana Town Gives up on Failed Jail Venture
(p 42)
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Seventh Circuit Remands Illinois Prisoner's Hernia Case for New Trial
(p 42)
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Seventh Circuit Remands Case Concerning Treatment of Prisoner's Hemorrhoids
(p 44)
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"Mere Possession" of a Prison Shank Constitutes a "Crime of Violence"
by Derek Gilna
(p 44)
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Suicides at CCA-run ICE Detention Center Spark Investigation
by Derek Gilna
(p 46)
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Longest-Serving Texas Prisoner Makes Parole; Other Long-term Prisoners Not so "Lucky"
(p 46)
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Seventh Circuit: Health Hazard without Physical Injury Can State a Claim
(p 48)
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DC Circuit: Qualified Immunity for Retroactive U.S. Parole Commission Regulations
(p 48)
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Mexican Prison Guards Implicated in Deadly Riot
(p 49)
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Louisiana Supreme Court Reverses Sentence for Escape, but Sentence Affirmed on Remand
(p 50)
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Blowup at KPFT Radio's "Prison Show" in Texas
(p 50)
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Seventh Circuit Asks Illinois Supreme Court to Interpret "Frivolous" Litigation Statute
(p 52)
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Jail Detainee Dies after Altercation with Deputies at Arizona Jail
(p 54)
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New York Federal Court Finds Victim's Hearsay Accusation Insufficient in Prison Disciplinary Case; Suit Settles for $67,000
by Matthew Clarke
(p 54)
-
Utah DOC Ends "English Only" Visitation Requirement
by Christopher Zoukis
(p 55)
-
News in Brief
(p 56)
July
June
-
Slowly Closing the Gates: A State-by-State Assessment of Recent Prison Closures
by Christopher Petrella
(p 1)
-
Fourth Circuit: No Qualified Immunity for Bail Bondsmen; $100,000 Damages Award Upheld
(p 1)
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Solidarity and Solitary: When Unions Clash with Prison Reform
by James Ridgeway
(p 12)
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TN Court of Appeals Rules Against CCA for Second Time in PLN Public Records Case
(p 14)
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From the Editor
by Paul Wright
(p 16)
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New York Commission of Correction Says Jails Don't Need Law Libraries
(p 16)
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How the Prison - Industrial Complex Destroys Lives
by Mark Karlin
(p 18)
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Charting a New Justice Reinvestment
by Nicole D. Porter
(p 21)
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Oregon Juvenile Department Employee Gets Jail Time for Sexualizing Booking Photos
(p 23)
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Florida Proceeds with Privatization of Prison Medical Care
(p 24)
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New Law Gives Parents Behind Bars in Washington State a Way to Hold onto Their Children
by Victoria Law
(p 26)
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U.S. Supreme Court Reinstates BOP Prisoner's FTCA Suit
by J.R. Bloom
(p 28)
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Reprieved Oregon Prisoner Wages Legal Fight to be Executed
(p 30)
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Eighth Circuit: Heck Bars False Imprisonment Claim
(p 31)
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Research Study Finding Benefits from Prison Privatization Funded by Private Prison Companies
(p 32)
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CCA Pays $100,000 after Exiting Contract to Operate Florida Jail
(p 32)
-
New York DOCCS Settles Statewide PLN Censorship Suit for $155,000
by Alex Friedmann
(p 34)
-
TransCor May Face Punitive Damages for Prisoner's Death
by Christopher Zoukis
(p 34)
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Sixth Circuit Reverses Dismissal of Prisoner's Sexual Orientation Discrimination Suit
(p 36)
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Plata and Coleman Showdown in California
by John Dannenberg
(p 36)
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New Hampshire Cancels Private Prison Bids, but Bill Prohibiting Prison Privatization Fails to Pass
(p 38)
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Oregon Rape Victim's Rights Clash with Rights of Accused Rapist
(p 40)
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PLN Prevails in Challenge to Postcard-only Policy at Oregon Jail
(p 42)
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Oklahoma: Hospital Sues Sheriff over Unpaid Medical Bills, for Third Time
by Christopher Zoukis
(p 42)
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Former Michigan Assistant Attorney General Held Liable for Targeting Gay Student
(p 43)
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Millions Owed in Unpaid Restitution in Oregon
(p 44)
-
Maryland Repeals Death Penalty
by Christopher Zoukis
(p 44)
-
Canadian Prisoners Escape via Helicopter
by John Dannenberg
(p 45)
-
Supermax: Controlling Risk Through Solitary Confinement, by Sharon Shalev (Willan Publishing, September 2009). 346 pages, $39.95
by Julie Etter
(p 46)
-
Prison Legal News Files Public Records Suit Against CCA in Texas
(p 46)
-
Oregon Pays Record $5.85 Million for Abuse of Foster Child and Abuser's Death in Prison
(p 48)
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Florida Legislator Resigns in Wake of Texting Scandal
(p 48)
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Survey Finds Disturbing Trends in Childhood Violence, Racial Dynamics for Juvenile Lifers
(p 50)
-
Pennsylvania Prison Guards, Sergeants Out-earn Supervisors
by David Reutter
(p 50)
-
Oregon State Police Handwriting Analysis Unit Closed, under Investigation
(p 52)
-
Former Halfway House Director Sentenced to 18 Months
(p 52)
-
Oklahoma Escapee Surrenders to Police after 14 Years on the Run
by Christopher Zoukis
(p 53)
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CDCR to Open New Mental Health Facility
(p 54)
-
Tennessee Supreme Court: No Separate Parole Dates for Consecutive Sentences
by Matthew T. Clarke
(p 55)
-
News in Brief
(p 56)
May
-
Prison Visitation: A Fifty State Survey
by Chesa Boudin
(p 1)
-
Arkansas Sheriff Took Kickbacks for Card Fees, Class-Action Suit Says
by Erik De La Garza
(p 1)
-
Ohio Appellant Wins Mandamus Order Disclosing Attorney Fees Statements
by Derek Gilna
-
CCA Warden's Title VII Claims Dismissed
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California Prisoner's Deliberate Indifference Claims Settled for $910.00
-
Additional Attorney's Fees Allowed in Ohio Voter-Registration Suit
by Derek Gilna
-
Pennsylvania: Public Records Requests Under Right-to-Know Law Should Not be Derailed by Technicalities
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California Appellate Court Balks at Permitting Pay Raises for Corrections Medical Employees Without First Obtaining Legislative Approval
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Counsel May Review "Confidential" Oregon Parole Board Evidence
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California: Medical Records of Prisoner Being Evaluated for Civil Commitment Not Constitutionally Protected from Disclosure
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California Prisoner Paid $5,150 for Medical Shoe Denial
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$1 Million Settlement Reached in Michigan Teen Stun Gun Death
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$57,500 Settlement for Texas Prison’s Discriminatory and Retaliatory Occurrences
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$75 Awarded for Magazine Denial; Access to Personal Law Books Denied
-
ADX Prisoner Wins Settlement for Injuries Incurred in Unlit Cell
by Derek Gilna
-
California Excessive Force Case Settled for $10,000
-
California Medical & Retaliation Claims Settled for $21,300
-
City of Chicago Settles Police Brutality Suit
-
City of Boston Settles in Excessive Use of Force Claim
-
Rearrest Improperly Frustrates Oregon Speedy Trial Rights
-
Federal Government Sues and Settles for Oregon Police Excessive Force
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Los Angeles County Settles in Sexual Assault by an Officer
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Fifth Circuit Reverses District Court's Denial of Appointment of Counsel
-
New York $1.25 Million False Arrest Verdict Upheld
-
Massachusetts Supreme Court Affirms Lower Court Order to Suppress Drug Evidence
-
Public Strip Search Nets Oregon Prisoner $9,601
-
Oregon Guards Challenge Schedule Changes Without Collective Bargaining
-
Ohio Court Stays Prisoner Suit Pending Supreme Court Action
by Derek Gilna
-
Maine Supreme Judicial Court Affirms Sheriff’s Entitlement to Discretionary Function Immunity
-
Registered Sex Offender Not Required to Reregister After Overnight Jailing
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Absolute Prosecutorial Immunity Denied
-
$95,664 in Attorneys’ Fees Awarded in Texas Public Records Suit
-
9th Circuit Reverses District Court Dismissal of FISA and ECPA Complaints
by Derek Gilna
-
Seventh Circuit Permits Insurance Company to Deny Coverage of Civil Rights Claims
by Derek Gilna
-
Supreme Court of Alaska Directs Human Rights Commission to Re-investigate Complaint
-
Tenth Circuit Holds Prisoner Not Entitled to Equitable Tolling
-
No Collateral-Order Review of Refusal to Quash; Seventh Circuit Would Affirm on Merits
-
W. Virginia Supreme Court of Appeals Rejects Constitutional Challenge to State’s Sex Offender Registration Act
-
New Mexico Allows Sibling Loss-of-Consortium Claims
-
Georgia Prison Doctor Sued for Illegally Importing Drugs Used to Execute Troy Davis
by David Reutter
-
U.S. First Circuit Court of Appeals Affirms Parole Board
-
Due Process Requirements Not Met in Washington Probation Violation Notice
-
Connecticut Process Server Entitled to Copy Fee
-
California Prisoner's Excessive Force Claims Settled for $1,750
-
Alabama Supreme Court Upholds Exemption for DOC Driver’s Liability
-
Appeal Court Criticizes Jury Instruction, Upholds Conviction
-
Arkansas Supreme Court Affirms FOIA’s Emphasis on Disclosure of Public Records
-
Court of Appeals Upholds Judicial Immunity in Civil Rights Claim
-
Denying Male Domestic Violence Victims Aid is Unconstitutional
-
Mississippi Supreme Court Reverses $12.7 Million Tax Overpayment Award in AT&T’s Favor
-
Department of Justice Expands Definition of Rape to "Ensure Justice"
by Derek Gilna
-
Ohio Supreme Court: Due Process Not Satisfied by Procedure Requiring Parties to Monitor Internet for Property Foreclosure Sales
-
Eighth Circuit Denied an Escapee's Insufficient Psychiatric Claim
-
Eleventh Circuit Court of Appeals Strips Plaintiff of Punitive Damages
-
Ex-prisoners' Petition for Restoration of Firearm Rights Denial Reversed
-
Florida Supreme Court Bars Repetitious Prison Litigant
-
Hearst Television Wins Right to Know Case against Pennsylvania Coroner
-
Associated Press Loses Bid to Unseal Settlement in Suit Against CCA
-
Sixth Circuit Reverses Dismissal of Jail Medical Indifference Suit
by Matthew Clarke
-
Oregon Prison Officials Not Immune for Sentence Miscalculation
-
Sex Offender Conditions Permitted on Washington Non-Sex Offenses
-
California: CDCR Pays $475,000 to Settle Wrongful Death Suit
-
New York: USDC Grants Opposition to Quash Depositions in Murder/Rape
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North Carolina Court Dismisses Petition for Judicial Review and Upholds Execution Protocol
-
$30,000 Settlement for Juvenile Assaulted by Riker’s Island Guard Gang
-
Sex Offender Housing Restrictions Imposed by Jessica's Law Temporarily Stayed in Los Angeles County
-
Wisconsin Appeals Court Orders Appointment of Examiner in Commitment Case
by Derek Gilna
-
Washington State District Court Oversees §1988 Settlement against Spokane Police
-
Washington: Failure-to-Protect Suit against King County Allowed to Proceed
-
Religious Diet Qualified Immunity Test Outlined
-
USDC New York Finds for Bloomberg Newsgroup in Copyright Suit
-
Pennsylvania: USDC Grants Habeas Bond Hearing for Alien
-
Washington State Court of Appeals Upholds Denial of Prisoner's Public Record Claim
-
Texas Pays $230,000 to Settle Lawsuit under the Texas Whistleblower Act
-
Supreme Court Rules on Terrorist Issue
-
Maine Prisoner’s Contraband Conviction Vacated
(p 11)
-
Pennsylvania: No Prison Time for Guards Convicted of Abusing Prisoners
by Christopher Zoukis
(p 12)
-
My Life with Lifers, by Dr. Elaine J. Leeder. (E-Books Unbound, 2012). 140 pages, $4.99 (e-book) or $14.95 (paperback)
by John Dannenberg
(p 13)
-
Mandatory Lifetime Monitoring a Direct Consequence of Sex Offense Plea Bargain in Michigan
(p 14)
-
Governmental Highway Robbery: Asset Forfeiture and the Pillaging of the American People
by John W. Whitehead
(p 16)
-
Virginia Prisoner Pardoned After Accuser Admits She Lied
(p 18)
-
$17.75 Million Settlement for Victims of Pennsylvania “Kids for Cash” Scandal
by David Reutter
(p 18)
-
Ex-Felons are About to Get Health Coverage
by Michael Ollove
(p 20)
-
CCA Admits to Falsified Staffing Records, Violating Contract with Idaho DOC
(p 22)
-
Utah: Private Company Offers to Pick Up Prison Tab
by Eric S. Peterson
(p 24)
-
Iowa Sex Offender Special Sentence Provisions Interpreted: Time-Served Credit, but Not Earned-Time, Reduces Revocation Term
(p 25)
-
North Carolina County Conned into Building $100 Million Jail
(p 26)
-
California: Parole Placement of Serial Killer’s Accomplice in Remote County Upheld
(p 26)
-
Seventh Circuit Vacates Summary Judgment for Nutriloaf Diet
(p 28)
-
Oklahoma Parole Board Members Charged with Violating Open Meeting Act
by Christopher Zoukis
(p 30)
-
Eighth Circuit Overturns Jury’s $850,000 Verdict for Nebraska Detainee’s Suicide
(p 30)
-
No Room for 900 New Washington Prison “Rugs”
(p 32)
-
CCA Excludes Shareholder Resolution Requiring Company to Fully Disclose Information about REIT Conversion
(p 32)
-
Faulty Background Checks Blamed on Digitized Records, Greedy Amateurs
by Joe Watson
(p 34)
-
Prison Health Care Provider under Fire in Illinois
by Christopher Zoukis
(p 36)
-
Lawsuits Filed Over Unrelated Deaths of Two Oregon Prisoners
(p 38)
-
Muslim Prisoners Challenge Ohio’s Denial of Halal Meals; Pork Producers Protest
by Joe Watson
(p 40)
-
New York: $225,000 Settlement for Prisoner’s Suicide Attempt, Abuse at Rikers Island
(p 40)
-
California District Attorney Sued by Former Colleague
(p 41)
-
Administrative Remedies “Unavailable” when Prisoner under Threat of Intimidation or Retaliation
(p 42)
-
California: Lifer Entitled to Credit for Time Served Following Governor’s Erroneous Veto of Parole Grant
(p 42)
-
Oregon Parole Board’s Notice-of-Rights Form Violates APA
(p 44)
-
Kentucky DOC May Not Alter Presentencing Custody Credits
(p 44)
-
New York Creates “All Crimes DNA Database”
(p 45)
-
Federal Court Limits New York’s Civil Commitment Statute, but Injunction Vacated on Appeal
by Derek Gilna
(p 46)
-
California State Bar Recommends District Attorney’s Disbarment
by Christopher Zoukis
(p 48)
-
$695,000 Settlement in Discrimination Suit by Deaf Colorado Detainees
(p 48)
-
New York Sex Offender Registration Determination is Exception to Article 78 Review
(p 49)
-
California: Nine Detainees Charged in Jailhouse Killing; Five Sentenced to Life Terms
(p 50)
-
Sixth Circuit: Disciplinary Conviction Does Not Bar Excessive Force Claim
by Christopher Zoukis
(p 50)
-
Oregon Jail Guard Gets Three Years for Sex with Prisoner
(p 52)
-
Oregon: Only Voluntary Surrender Avoids Fugitive Dismissal Rule
(p 52)
-
U.N. Considers Revisions to Standard Minimum Rules for Treatment of Prisoners
by Christopher Zoukis
(p 54)
-
Arkansas Prisoner’s Ad-Seg Reviews Held to be Meaningless; Case Remanded to Recalculate Damages
(p 54)
-
News in Brief
(p 56)
April
-
Sixth Circuit Court Reverses a First Amendment Retaliation Issue
-
Second Circuit Upholds FRCP 4(m) Dismissal for Untimely Service
-
Oregon Jury Awards $11,250 for False Arrest
-
Ninth Circuit: Officer May Be Liable for Unlawful Seizure and Conspiracy
-
Sixth Circuit Upholds Kentucky Sex Abuse Case Dismissal; Case Filed Outside 1-Year Limitation Period
-
Tenth Circuit Reverses $8,000 Awarded for Attorney's Fee as Too Arbitrary
-
Oregon Prison Assault Brings Attempted Murder Charge
-
Sixth Circuit of US Court of Appeals Affirms Grant of Habeas Corpus
-
Sixth Circuit US Court of Appeals Redefines Michigan Prisoner’s Mandamus
-
Ohio Supreme Court Affirms Denial of Cincinnati Enquirer's FOI Request
-
North Dakota Supreme Court Clarifies Child Support Lien Issues Regarding State Prisoner
-
Nebraska Sex Offender Argues Due Process in Appeal of Commitment Order
-
Seventh Circuit: No Minimum Wage for Civilly Committed Sex Offenders
-
Nurse Settles Washington DOC Wrongful Termination Suit
-
Tenth Circuit: Individual Damage Claims Improper Under RLUIPA; Right Against Rastafarian Haircut Not Clearly Established
-
Ninth Circuit Affirms Confiscation of Book about Black Panthers Sent by Mail to Prisoner
-
NJ Supreme Court Hears Defamation Suit against Local Newspaper
-
Oregon Schizophrenic Gets 7.5 Years for Stabbing Guard
-
Fourth District Court of Appeals Reverses PLRA Case on Removal of Jurisdiction
-
Third Circuit Holds No RLUIPA Damages
-
Nevada Public Records Act Requires State to Provide Log of Basic Information About Withheld Information
-
Supreme Court of Arkansas Weighs Hospital's Private Doctors Against FOIA
-
US 7th Circuit Affirms Judgment for Defense in "Tawdry Tale"
-
Non-Sentencing Court Cannot Adjust Sentence on Habeas
-
Montana Supreme Court Questions Court Costs for Indigent Defendant
-
Sixth Circuit Holds FTCA Bars False Arrest Claim; Summary Judgment for Media Upheld
-
Missouri Supreme Court Remands Child Custody Case
-
Missouri Private Jail Assessed Back Sales and Use Taxes
-
Ninth Circuit: Dismissals Not Strikes Until Appeals Final; Interference With Court Access and Retaliation Claims Reversed
-
Mississippi Judge Suspended 30 Days; Publicly Reprimanded; Fined $500; Assessed $100 Court Cost
-
El Salvadorian Hangs Himself in Oregon Jail
-
Former Kansas Prisoner Civil Rights Suit Dismissed by 10th Circuit
by Derek Gilna
-
Former OK Guard Sentenced to 21 Months in Federal Prison
-
Dismissal of §1983 Challenge to Alabama's Lethal Injection Procedure Reversed
-
Maryland Prisoner Challenges State Indecent Exposure Laws
-
Two Women Sue for Oregon Guard's Sexual Abuse
-
First Circuit: No Deposition Testimony of Incarcerated Witness; Incarceration Does Not Make Witness "Unavailable"
-
Fifth Circuit Upholds Summary Judgment for Jewish Prisoners' Religious Practice
-
Jury Awards Oregon Man $306,000 Excessive Force Verdict
-
Georgia Prison Disturbance Linked to Contraband Cell Phones
-
Delaware Supreme Court Reverses Lawyer "Fast One"
-
Fifth Amendment Right Waived, If Not Invoked During Polygraph Test
-
Dismissal of Massachusetts Prisoner's ADA/RA Claims Reversed
-
Massachusetts Court Releases Mental Health Detainee After State Blows Deadline
by Derek Gilna
-
Eighth Circuit Vacates District Court Commitment Order Issued Without a Hearing
-
Statute of Limitations Kills Oregon False Imprisonment Suit
-
Kentucky DOC Cannot Alter Time Served Credit
-
Oregon Cop Sued for On-duty Forced Fellatio
-
Idaho Supreme Court Reverses Attorney Fee Case
-
Mom’s E-mail Forces Hawaiian Lawmakers to Tour “Hellhole” Prison
by Joe Watson
-
Disabled Oregon Detainee's ADA, Retaliation and Deliberate Indifference Claims Go to Jury
-
Minnesota Supreme Court Halts Confinement Fees for Pre-Conviction Inmates
-
Indiana Supreme Court Affirms Sentence after Botched Jailbreak
-
State Official Charged with Sex Crime
-
Oregon Cop Guilty of Federal Child Porn Charge; State Charges Still Pending
-
Federal Jury Awards $561,582 to Survivors of California Man Killed by Police
-
$8 Million Settlement by Michigan Jail over Baby's Injuries
-
Fifth Circuit Upholds Dismissal of Suit for Delay Bringing Arrestees Before a Judge
-
Former Detroit Officers Award $6.5 Million in Whistleblower Lawsuit
-
Denial of Washington Misdemeanor Electronic Monitoring Credit Upheld
-
California Prison Officials Ordered to Provide Prisoners with Copies of their Administrative Appeals
-
California Court of Appeals Affirms Grant of Parole
-
Heck Does Not Apply to Released Prisoner Seeking Damages for Sentence Miscalculation
by Brandon Sample
-
Second Circuit: SORNA Applies to All Sex Offenders
by Mark Wilson
-
Third Circuit: Prison Disciplinary Hearing Officer Must Examine Potentially Exculpatory Evidence
-
Pre-SORNA Offenders Not Required to Register Until Attorney General’s Regulations Issued
by Brandon Sample
-
Eighth Circuit Vacates Special Condition of Supervised Release on Possessing Materials Depicting Nudity
by Brandon Sample
-
California: Stanford Report Analyzes Lifer Paroles
-
DC District Court Denies Motion to Compel Production Request on Fees
by Derek Gilna
-
7th Circuit: Minimal Use of Force Not an Eighth Amendment Violation
-
Connecticut Supreme Court Holds for DOC to End Hunger Strike
-
7th Circuit: Reasonable Attorney Fees Not Properly Reduced Due to Existence of Contingent Fee Agreement
-
Minnesota Study Shows Prisoners Receiving Visits Have Lower Recidivism Rates
by Matthew Clarke
-
10th Circuit Affirms Dismissal of Oklahoma Conditions-of-Confinement § 1983 Lawsuit
-
9th Circuit: Constitution Protects Homeless Persons from Government Seizure and Destruction of Their Unattended but Unabandoned Personal Property
-
City Council Candidate Pays Juvenile Program for Campaign Work
-
No More Than 20 Percent Can Be Deducted To Pay Filing Fees
by Brandon Sample
-
Alabama: District Court Certifies Class of HS Students Alleging Excessive Force by School Resource Officers
-
Ninth Circuit: Improper Screening of Prisoner's Grievances May Excuse Failure to Exhaust Under PLRA
-
Alabama State Supreme Court Denies Mandamus for Payment of Defense Expenses
-
Florida Supreme Court Affirms Prisoner’s Death Sentence
-
Mississippi Supreme Court Upholds Outgoing Governor's 214 Messy Pardons
by Joe Watson
-
10th Circuit Orders District Court to Reconsider Restrictive Sentencing Conditions
by Derek Gilna
-
Kansas Supreme Court Reverses Jail Suicide Summary Judgment
-
Cook County Jail Agrees to Improvements
by Brandon Sample
-
Wisconsin Appeals Court Orders Photos Delivered to Prisoner
by Michael Rigby
-
Department of Justice Releases Report on Prison and Jail Deaths 2000-2009
by Matthew Clarke
-
9th Circuit Denies Double-Jeopardy Based Dismissal of Arizona Drug Case
by Derek Gilna
-
Court Upholds Guilty Plea Although Defendant Wasn't Advised of Adam Walsh Impact
by Derek Gilna
-
US Court of Appeals Reverses Federal Employee Assault Claim Against Coworker
-
US Court of Appeals, DC Circuit, Upholds NSA Disclosure Exemption
-
US District Court Denies Fla. DOC Wrongful Death Defense
-
Volunteering Information to an Inmate Informant Does Not Require Miranda Warning
-
U.S. Court of Appeals Upholds Immunity for Police after Arrest
-
Wyoming State Prisoner's Suit for Access to Courts Denied by 10th Circuit
by Derek Gilna
-
U.S. First Circuit Court Upholds Judicial Estoppel in Bankruptcy Case
-
US Court of Appeals Upholds CIA Glomar Response
-
Tenth Circuit Vacates Denial of Prisoner's Rule 60(b) Motion
by Matthew Clarke
-
US Court of Appeals Finds for Judge in Gordian Knot of Interests
-
US Court of Appeals Finds for Defendant District Attorney in Autopsy Photo Leak
-
Washington Photo Confiscation/Destruction Not Negligent
-
Washington State Supreme Court Clarifies Public Records Act Guarantees
-
Vermont Supreme Court Orders Disclosure of Police Records
-
Wrongfully Convicted New York Man Receives Settlements for $950,000
-
Virginia's FOIA Ruled to Not Violate Some Constitutional Guarantees
by Derek Gilna
-
US District Court Orders Release of Records to Prisoner
-
Washington Sexually Violent Predator Escape Law Upheld
-
Report Critical of Maine DOC's Medical Contractors
by Joe Watson
-
Eighth Circuit Upholds $10,000 Excessive Force Verdict Against University Police
-
4th Circuit: Prisoner Alleges Sufficient Facts to Establish Imminent Danger, Permitted to Proceed Despite Three Prior “Strikes”
-
8th Circuit: Prisoner's Right to Avoid Involuntary Medication Safeguarded Only by Minimal Procedural Due Process Protections
-
U.S. Immigration Policy: Dysfunctional, Profitable and Resistant to Reform
by Derek Gilna
(p 1)
-
Pennsylvania Supreme Court Reinstates Homeless Man's Failure-to-Register Conviction
-
Third Circuit Denies Claim against Government for Attorney’s Fees under EAJA
by Derek Gilna
-
Former California Deputy Sheriff Maintains Clean Record Despite Recent and Past Sexual Misconduct Allegations
-
Eighth Circuit Court Considers Prison Religious Practices Suit
-
Pennsylvania Supreme Court Upholds Right-to-Know Law on Public Records
-
Preliminary Injunction Granted for Florida Prisoner's Medical Treatment
-
Probationary State Employee Legally Terminated
-
California Court of Appeal Grants Increased Award of Conduct Credit to Jail Detainee
-
Supermax Prisoner Denied FOIA and Privacy Requests by 10th Circuit
by Derek Gilna
-
1st Circuit Affirms Federal Tort Claims Judgment Against FBI in Bulger Cases
by Derek Gilna
-
$1,008 in Damages Awarded to Illinois State Prisoner
-
US Court of Appeals Remands FOIA Suit for Dismissal
-
US Tenth Circuit Court Defines Escape as Violent Felony
-
7th Circuit Affirms Finding of No Deliberate Indifference in 1983 Case
by Derek Gilna
-
US Court of Appeals Dismisses Freed Prisoner's §1983 Claim
-
Anti-Immigrant Arizona Sheriff Outed by His Mexican Ex-Boyfriend
(p 11)
-
Report: Total State Prison Costs at Least $5.4 Billion Over Budget Nationwide
(p 12)
-
From the Editor
by Paul Wright
(p 12)
-
From the Editor
by Paul Wright
(p 14)
-
Los Angeles Jail Undersheriff Steps Down
(p 15)
-
A ‘Nobody’s’ Legacy: How a Semi-literate Ex-con Changed the Legal System
by M. Alex Johnson
(p 16)
-
Iowa Pays Almost $500,000 to Fired Parole, Prison Supervisors
by Joe Watson
(p 18)
-
California: Thousands of Sex Offenders Remove GPS Monitors
(p 18)
-
Fortresses of Solitude
by James Ridgeway
(p 20)
-
CDCR Tried to Conceal Report on Prisoner Suicides
(p 22)
-
New York: Provision Requiring Independent Jail Oversight Board Ignored for 23 Years
by Joe Watson
(p 22)
-
Life on the Inside and Death on the Outside: Complexities in Health Disparities Inside and Outside U.S. Prisons
by Evelyn J. Patterson
(p 24)
-
Calls for Better Pregnancy Care in Georgia Jails after Death of Prisoner’s Baby
(p 24)
-
Colorado Pays for Unneeded Private Prison Beds to Subsidize Local Jobs
by John Dannenberg
(p 26)
-
Seventh Circuit Reverses Dismissal of Case Challenging Conditions in Illinois Jail where Mentally Ill Prisoner Died
by David Reutter
(p 26)
-
Illinois: Scathing Study on Solitary Buried by Politics
by Adam Klasfeld
(p 28)
-
Louisiana Public Service Commission Postpones Prison Phone Reforms
by Mel Motel
(p 29)
-
No Free Speech Protection for Prisoners Who Copy Excerpts from Books
by Christopher Zoukis
(p 30)
-
ADX Prisoner Not Allowed to Communicate with Family Members or Receive Publications under SAMs
by Christopher Zoukis
(p 32)
-
Lawsuit Filed Against Solitary Confinement of 800 “Seriously Mentally Ill” Prisoners in Pennsylvania
by Sal Rodriquez
(p 34)
-
Oregon: Grand Jury Cites Problems at Multnomah County Jails
by Sal Rodriquez
(p 34)
-
Former Pennsylvania DOC Director Hired to Run CDCR
by Anne-Marie Cusac
(p 36)
-
CA Prison Guards’ Union Loses Appeal, Must Pay $4.96 Million Judgment
(p 36)
-
Second Circuit: Continuing Violations Exhausted with Single Grievance
(p 38)
-
Federal Court Enters Interim Fee Award Against BOP in FOIA Suit
(p 38)
-
Law Man: My Story of Robbing Banks, Winning Supreme Court Cases, and Finding Redemption, by Shon Hopwood and Dennis Burke (Crown, August 2012). 320 pages, $25.00 hardcover
by Lisa McElroy
(p 40)
-
Ninth Circuit Vacates Federal Prison Sentence Imposed by Non-trial Judge
(p 42)
-
FBI’s National Crime Data Found to be Flawed, Manipulated
(p 42)
-
Colorado Seeks New Use for Empty Prison
(p 43)
-
Pennsylvania Officials Link Halfway House Payments to Recidivism Rates
by Derek Gilna
(p 44)
-
Forcible Cutting of Illinois Prisoner’s Dreadlocks Found Unconstitutional
(p 44)
-
Delaware Court Decides Financial Dispute Involving Prison Healthcare Company
by Derek Gilna
(p 46)
-
Defendants Must Challenge Joint and Several Liability for Attorney Fees on Initial Appeal or Issue is Waived
(p 46)
-
Court Upholds California Prison Guard’s Termination for Telling Prisoner to Hang Herself
(p 47)
-
South Carolina Sheriff Indicted; Fourth Sheriff to Face Criminal Charges in Three Years
by Christopher Zoukis
(p 48)
-
Utah: Prisoners’ Education Should be Cheaper, More Efficient, Report Says
(p 49)
-
Florida Innocence Commission Makes Recommendations to Prevent Wrongful Convictions
(p 50)
-
California: Condition of Parole Restricting Parolee from Residing Near Victim’s Next of Kin Held Invalid
(p 51)
-
Native Americans Overrepresented in Prison; Problems with Tribal Police Cited
(p 52)
-
Utah Potentially Liable for Juvenile’s Death; Incarceration Exception to State’s Immunity Inapplicable
(p 53)
-
Time for Sentencing Reform
by George Gascón
(p 54)
-
Seventh Circuit: Cost Bond Improper Tool to Address Prisoner’s Frivolous Filings
(p 54)
-
More Oregon Prison Employees Accused of Sexual Abuse
(p 56)
-
California Prison Industry Authority Loses $24 Million in Last Two Years but Reduces Recidivism
(p 56)
-
News in Brief
(p 58)
March
-
New Hampshire Supreme Court Affirms Order of Superior Court Denying His Motion to Amend the Conditions of His Suspended Sentence
by Derek Gilna
-
Pre-Suit Notice Not Required by Texas Tort Claims Act
by Brandon Sample
-
New York: Indigent Defendants' Suit Over Non-representation Ruled Justiciable
by Michael Rigby
-
Mass Incarceration Now, Tomorrow, Forever: Gov. Jerry Brown and the Politics of Court Bashing
by Jonathan Simon
-
Gang Colors Restriction Held Unconstitutional
by Brandon Sample
-
Fifth Circuit Court of Appeals Denies Prisoner's Habeas Petition Challenging Calculation of Sentence
by Derek Gilna
-
Wisconsin Prisoner's Pro-Se AEDPA Action Dismissed, Reversed and Remanded
by Derek Gilna
-
Lasting Damage: A Rogue Prosecutor’s Final Case
by Joaquin Sapien
-
Trial and Conviction in Washington Jailhouse Courtroom Overturned
by Michael Rigby
-
U.S. Liable Under FTCA for Trauma of Home Raid Resulting from Postal Service Employee's Misinforming Law Enforcement
by Michael Brodheim
-
Aramark Food Contract with Kentucky under Scrutiny
by David Reutter
-
Tenth Circuit: No Clearly-Established Right to Oklahoma Trust Fund Money
by Matthew Clarke
-
EEOC finds BOP Workplace Retaliation Widespread
by Derek Gilna
-
Amid Improvements, Maricopa County Jail Medical Services Still Deficient
by Matthew Clarke
-
Martin Luther King: Letter from the Birmingham Jail 1963
-
Wisconsin Prisoner's Pro-se AEDPA Action Rejected by Seventh Circuit
by Derek Gilna
-
Third Circuit: Non-Sex-Offender Prisoners Entitled to Due Process Before Prison Requires Sex Offender Treatment
by Matthew Clarke
-
Wisconsin Supreme Court Upholds Disciplinary Result
by David Reutter
-
Report Lauds Canada's Prison Tattoo Program, but Government Won't Bring it Back
by Joe Watson
-
BOP Dentist Convicted, Sentenced in Sex Assault Case
by Brandon Sample
-
Fifth Circuit Upholds Blanket Strip Search Prohibition in Texas Jails
-
Fifth Circuit Disallows Louisiana Deputy's Interlocutory Appeal
by Matthew Clarke
-
Tenth Circuit Faults Kansas Prisoners' Representation; Upholds Dismissal of Compulsory Savings Account Challenge
-
Excessive Force Claim Against Virginia Jail Settled
-
Washington Prisoner's Judgment Garnished to Pay Conviction Related Expenses
-
Nurse's License Suspended for Relationship with Civil Sex Offender Detainee
-
Seventh Circuit Affirms Imprisonment Does Not Promote Correction and Rehabilitation
by Derek Gilna
-
Texas Parolee Dies Under Mysterious Circumstances After Arrest
-
Restoration of Voting Rights a Mixed Bag
by David Reutter
-
California: Corrections Department Donates Confiscated Cell Phones to Domestic Violence Awareness and Prevention Organizations
-
Idaho Supreme Court Denies Bail Bondsmen Damage Claims
by Derek Gilna
-
Denial of Satanic Bible Results in $100 Settlement
by Brandon Sample
-
Prepaid Telephone Credits Theft Leads to Change of Provider in Wisconsin Jail
-
California: Confidential Lifer Files Found Discarded in Dumpster Outside Prison
-
California: CDCR Pays $5,000 to Settle Failure-to-Protect Suit Brought by Pre-Operative Transsexual Prisoner
-
Wisconsin Prisoner Injured Dismantling Horse Stalls Awarded $14,000
-
Israeli Supreme Court: Private Prisons Violate Human Dignity
-
Conflict of Interest Alleged in Termination of Probation Services Contract
-
Seventh Circuit Rules for State Officials in Prisoner Medical Co-pay Dispute
by Derek Gilna
-
Sixth Circuit Remands Wrongful Death Case to Reduce Punitive Damage Award
by Derek Gilna
-
Dismissal for Inability to Pay Monetary Sanctions Reversed
-
Oregon Service by Mail Adds 3 Days
-
Washington Appeals Court Denies Prisoner's Prison Account Funds Suit
-
NAACP Sues over Censorship of Criminal Justice Reform Ad
-
South Carolina Prisoner's Case Dismissed Under Three Strikes Rule of PLRA
by Derek Gilna
-
Department of Justice Reports on State and Federal Prisoners in 2009
by Matthew Clarke
-
NACDL Wins Appeal for Eyewitness Identification Data
by Brandon Sample
-
Maine Supreme Judicial Court: PUC Cannot Regulate Prisoner Phone Rates
-
Corrupt Officials, Scandals, Indictments and Convictions Rock Rural Texas Counties
by Gary Hunter
-
Pennsylvania DOC Settles Accommodation Suit
by Brandon Sample
-
Deregulation of Telephone Rates in Florida Eliminates Caps on Prisoner Rates
-
Pennsylvania Supreme Court Clarifies Incarcerated Parents’ Rights
-
Dangerous Jails - LA Weekly
-
California: CDCR Releases Latest Recidivism Report
-
Legislature’s Taking of Civil Filing Fee Portion not Unconstitutional Tax
-
Bid-Rigging, Sex, and Politicians: Welcome to Oklahoma
by Brandon Sample
-
Participation in Reentry Programming Leads Ex-Offenders Back to Prison, Study Says
-
Iowa Supreme Court Supports Prisoner Suppression Motion
by Derek Gilna
-
Chicago Police Hit with Big Judgment and “Code of Silence” Finding
by Derek Gilna
-
Alabama: Deputy Sheriffs Immune from Suit for Damages
-
Dismissal of Pennsylvania Prisoner’s Legal Mail Claim Reversed
-
New Hampshire Supreme Court Reverses Guard’s $2 Million Verdict
-
Newly Installed Florida Prison Chief Sacked
by David Reutter
-
Florence Strip-Search Decision Sends Iowa Case Back to Square One
by Derek Gilna
-
El Paso Prisoner Receives $80,000 Settlement
by Derek Gilna
-
7th Circuit Limits Use of FOIA Requests in Case Against Federal EPA
by Derek Gilna
-
Eighth Circuit Affirms Post-Verdict Nominal Damages Request
-
Life On the List
-
New Jersey Supreme Court Turns Back Constitutional Challenge to the State's Sexually Violent Predator Act
by Derek Gilna
-
$300,000 Settlement Reached in Iowa Illegal Strip Search Case
-
Sixth Circuit Explores Excessive Force Legal Twilight Zone; Finds Fourth, not Fourteenth Amendment Controlled
by Mark Wilson
-
DC Circuit Affirms Order Denying FOIA FBI Disclosure to Kentucky Prisoner
by Derek Gilna
-
Ordinary Discovery Rules Apply to Washington PRA Actions; FOIA Reasonableness Standard Governs PRA Searches
-
Failure to Record Disciplinary Hearing, Allow Adverse Witnesses in Alaskan Prison Disciplinary Hearing Violates Due Process
by Matthew Clarke
-
Court Documents Prove I was Sent to Communication Management Units (CMU) for my Political Speech
by Daniel McGowan
-
Abuse in Los Angeles Jails Leads to Investigations, Lawsuits and Eventual Reforms
by Michael Brodheim
(p 1)
-
Who Polices Prosecutors Who Abuse Their Authority? Usually Nobody
by Joaquin Sapien
-
Colorado Seeks New Use for Empty Prison
(p 12)
-
Nevada Prison Industries Exploiting Businesses and Workers
by Bob Sloan
(p 14)
-
From the Editor
by Paul Wright
(p 14)
-
The Color of Corporate Corrections: Overrepresentation of People of Color in the Private Prison Industry
by Christopher Petrella
(p 16)
-
British Call Center Fires Employees to Hire Prison Slave Labor
(p 17)
-
Why Are Prisoners Committing Suicide in Pennsylvania?
by Matt Stroud
(p 18)
-
Federal Court Grants Six-Month Extension to Reduce CDCR Prison Population
(p 24)
-
Alaska Supreme Court Revives Prisoner’s “Shy Bladder” Suit
(p 25)
-
Historic $45 Million Settlement in Washington State Prison Phone Class-action Suit
by Matthew Clarke
(p 26)
-
China Pledges to Stop Harvesting Organs from Executed Prisoners
(p 27)
-
Prison Reforms Under Maine’s New DOC Commissioner
by Lance Tapley
(p 28)
-
Former California Prison Guard Convicted of Lying about Injury Sustained at Sex Club
(p 29)
-
Colorado: CCA Doctor Disciplined for Role in Prisoner’s Death
(p 30)
-
$2.6 Million Jury Award for Prisoner Beaten in Los Angeles County Detox Cell
by Matthew Clarke
(p 30)
-
$4.1 Million Settlement for Cook County Jail Prisoners Shacked During Labor
(p 31)
-
California Prison Psychiatrists Reap Rewards from State Bidding War
(p 32)
-
Tennessee DOC Accused of Covering Up Violent Incidents
by Alex Friedmann
(p 34)
-
Prison Doctor’s Failure to Follow Prescribed Hernia Treatment States Claim
(p 35)
-
7th Circuit Reaffirms Voluntariness of BOP’s Inmate Financial Responsibility Program
by Derek Gilna
(p 36)
-
Second Circuit Reverses Summary Judgment for Non-Treatment of Prisoner’s HCV
(p 36)
-
Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld
(p 38)
-
DC Court Disbars Former Federal Prosecutor for Misconduct
by Derek Gilna
(p 38)
-
Indigent Prisoner’s Damages Claim in Legal Mail Case Survives Summary Judgment
(p 39)
-
U.S. Citizens Mistakenly Snared, Deported by DHS and ICE
by Derek Gilna
(p 40)
-
South Carolina Sex Offender’s Lifetime Satellite Monitoring Held Unconstitutional
(p 41)
-
Have the Media Stopped Covering Courts?
(p 42)
-
“Shocks the Conscience” Test Applied to Conditions at Civil Commitment Center
(p 42)
-
Unique Brazilian Prison Alternative Celebrates 40-Year Anniversary
by Lyla Bugara
(p 44)
-
Eleventh Circuit: No Right to Spanish-language RDAP Program
(p 45)
-
$2 Million Settlement in Mailman’s Death at New York City Jail
(p 46)
-
Former New York Prisoner Exonerated, Receives $2 Million Settlement
(p 46)
-
Fifth Circuit Reverses $659,300 Katrina-Related Jury Award
by Matthew Clarke
(p 48)
-
Equitable Tolling of AEDPA Includes Non-English Speaking Petitioners
(p 48)
-
Oregon ACLU Sues Jail over Mail Policy; County Quickly Capitulates
(p 50)
-
Illinois Woman Awarded $70,000 for Strip Search Based on Canine Alert
(p 50)
-
Eighth Circuit: Procedurally Defaulted Grievances Decided on Merits are Considered Exhausted
(p 52)
-
California Governor Approved Parole for 377 Life-Sentenced Murderers in 2012
by John Dannenberg
(p 52)
-
Eleventh Circuit: Corizon Policy Led to Prisoner’s Paralysis; $1.2 Million Verdict Upheld
(p 54)
-
Los Angeles County Settles Civil Detainee Wrongful Death Claim for $750,000
(p 55)
-
Eighth Circuit Upholds Child Porn Supervised Release Condition
(p 56)
-
California Prison Town Files for Bankruptcy
by John Dannenberg
(p 56)
-
Wisconsin Supreme Court Clarifies Sex Offender Registration for Homeless Prison Releasees
(p 57)
-
News in Brief
(p 58)
February
-
LaSalle Corrections: A Family-Run Prison Firm
by Matthew Clarke
(p 1)
-
Tenth Circuit: Terrorism Prisoners Lack Liberty Interest in Transfer to ADX
by Derek Gilna
(p 8)
-
From the Editor
by Paul Wright
(p 8)
-
The Battle to Open Prisons to Journalists
by Jessica Pupovac
(p 10)
-
Two Companies Acknowledge Exporting U.S. Prisoner-Made Goods to Canada
by David Reutter
(p 13)
-
Reintroducing the Private Prison Information Act: An Interview
by Mel Motel
(p 14)
-
GAO Examines How BOP Can Reduce Prisoners’ Time in Prison
by Derek Gilna
(p 16)
-
In Memory of Jon E. Yount (1938-2012)
by Peter Wagner
(p 18)
-
U.S. Imprisons the Most Women, Tops International List
(p 22)
-
Supreme Court Extends Qualified Immunity to Private Attorney
(p 22)
-
Supreme Court Adopts Strickland Prejudice Standard for Rejected Plea Bargains
by Derek Gilna
(p 24)
-
NY Federal Judge Deals Rare SHU Placement Defeat to BOP
by Derek Gilna
(p 24)
-
Texas Court of Criminal Appeals Sets Aside Convictions Based on Actual Innocence
by Matthew Clarke
(p 26)
-
Oregon Jail Guard Convicted of Assaulting Prisoner, Gets 30 Days in Jail
(p 26)
-
The Collapse of American Criminal Justice, by William J. Stuntz (Belknap Press of Harvard University Press, 2011). 432 pages, $35.00
by Derek Gilna
(p 28)
-
Pay-to-Stay Jail Programs Growing
(p 30)
-
Illinois: Current Insurer Must Pay Wrongful Conviction Award after Exoneration
(p 30)
-
Nevada DOC Audit: Doctors Work 5 Hours, Get Paid for 10
(p 31)
-
Oregon Prosecutor’s Son Escapes Mandatory Prison Time for Sexual Assault
(p 32)
-
Idaho Supreme Court Affirms Firing of PHS Medical Director
(p 32)
-
Life After Murder: Five Men in Search of Redemption, by Nancy Mullane (Public Affairs Books, 2012). 384 pages, $26.99 (hard-cover)
by John Dannenberg
(p 33)
-
Former California Prison Guard Resentenced Following Assault Conviction
(p 34)
-
Texas Supreme Court Rules Compensation Required in Schlup-type Innocence Cases
by Matthew Clarke
(p 34)
-
FBI Loses Prisoner’s Property but Sovereign Immunity Foils Recovery
by Derek Gilna
(p 35)
-
Supreme Court: No Bivens Actions for Federal Prisoners in Private Prison
by Matthew Clarke
(p 36)
-
Pregnant Woman Suffers Needless Death in Oklahoma Jail
by Matthew Clarke
(p 36)
-
Seventh Circuit Approves Illinois Prison’s Rejection of PDR and Drug Guide
(p 38)
-
Alabama Law Meant to Ensure Transparency in Judicial Elections Not Enforced for 16 Years
by Derek Gilna
(p 38)
-
Idaho DOC Settles 30-year-old Class-action Lawsuit
(p 40)
-
New York Jail Profits from TV Ads
by Joe Watson
(p 41)
-
Federal Prison Industries Contract Leads to Freeworld Job Losses
(p 42)
-
California: Denial of Kosher Diet to Messianic Jew Violates RLUIPA
(p 44)
-
New Hampshire: $450,000 Settlement in Suit Over Prisoner’s Opiate Detoxification Death
(p 44)
-
Ohio Supreme Court Sides with Defendant in Sex Offender Registration Case
by Derek Gilna
(p 45)
-
TASER Liability Verdict Upheld, but Remittitur Granted
(p 46)
-
FCC Finally Moves on Wright Petition After Almost a Decade of Inaction
(p 46)
-
New York Court Limits Costs to $.25 per Page for Prison Medical Records Requests
(p 47)
-
Johnny Cash and His Prison Reform Campaign
by Danny Robins
(p 48)
-
News in Brief
(p 50)
January