On June 29, 2010, the Sixth Circuit held that a lower correct incorrectly applied the Fourteenth Amendment, rather than the Fourth Amendment to resolve a pre-trial detainee’s excessive force claim. Since the qualified immunity analysis was likely to carry, the court remanded for reconsideration.
Air Force First Lieutenant Louis Aldini ...
The Washington State Court of Appeals has held that the state is entitled to statutory attorney fees following the dismissal of a personal restraint petition (PRP).
After pleading guilty to witness tampering and burglary, Gregory Scott Bailey filed a PRP challenging the voluntariness of his plea. The petition was dismissed ...
Third Circuit: § 2241 is Proper Vehicle for BOP IFRP Challenges
by Mark Wilson
The Third Circuit Court of Appeals held on December 2, 2010 that a federal habeas corpus petition under 28 U.S.C. § 2241 is the proper vehicle to challenge the Bureau of Prison’s (BOP) Inmate Financial Responsibility ...
In Oregon, a rehabilitation finding under ORS 163.105(3) eliminates the 30-year mandatory minimum sentence for state prisoners convicted of aggravated murder and requires the Board of Parole (Board) to immediately set a parole release date, according to two unanimous en banc decisions by Oregon’s Supreme Court.
In 1977 the Oregon ...
A former Oregon halfway house director who embezzled more than $213,000 from the federally-funded facility was arrested in Rhode Island after failing to appear, fleeing and attempting suicide. She later pleaded guilty and awaits sentencing.
As previously reported in PLN, Laura Marie Edwards, 39, served as executive director of the ...
The California Department of Corrections and Rehabilitation (CDCR) has paid a former contract employee $210,000 to settle her claims of sexual harassment, discrimination and retaliation.
Lakesha Jones worked as a registry Licensed Vocational Nurse (LVN) for the CDCR from August 2006 to August 2007. During that time her supervisor, Dominque ...
On June 24, 2011, the Alaska Supreme Court held that state law allows the Alaska Department of Corrections (ADOC) to seek reimbursement of medical costs from former prisoners.
Dewell Pearce was an ADOC prisoner from 1994 to 2008. He suffered from a number of medical conditions that required outside care ...
The Rikers Island jail in New York City was built atop a toxic landfill that is causing cancer, according to lawsuits filed by seven cancer-stricken Rikers employees.
“That island is toxic and it’s killing people,” said guard Vanessa Parks, 49, who was diagnosed with uterine cancer in 2009. “I’ve spent ...
During the 2008 Democratic primary election, Idaho voters had three choices for president: Hillary Clinton, Barack Obama and Keith Russell Judd.
At the time, Judd was serving time at the Beaumont Federal Correctional Institution in Texas on a 1999 conviction for making threats on the University of New Mexico campus. ...
Guards at a private prison in Idaho looked on, but did not intervene, as a prisoner was beaten into a coma. Video footage of the January 2010 incident has sparked an FBI investigation into civil rights violations at the facility.
Corrections Corporation of America (CCA), the nation’s largest private prison ...
