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Second Circuit Recognizes Attorney-Client Privilege in Prisoner’s Journal in Prosecution of Rapist Guard
Loaded on Jan. 15, 2009
published in Prison Legal News
January, 2009, page 43
Filed under:
Sexual Assault,
Staff-Prisoner Assault,
Cell Searches,
Criminal Prosecution,
Attorney Client.
Location:
New York.
Second Circuit Recognizes Attorney-Client Privilege in Prisoner’s Journal in Prosecution of Rapist Guard
The Second Circuit Court of Appeals held that a female prisoner did not waive attorney-client privilege with respect to certain writings in her prison journal.
Nicholas DeFonte, a former guard at the Metropolitan Correctional Center in Manhattan, ...
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More from this issue:
- Prisoners Exposed to Toxic Dust at UNICOR Recycling Factories, by Brandon Sample
- From the Editor, by Paul Wright
- Allegations of Contraband Smuggling, Sex and Corruption at Texas Prison, by Matthew Clarke
- Organizing for Freedom: Resistance at Angola State Penitentiary, Louisiana’s Last Slave Plantation, by Jordan Flaherty
- U.S. Homeland Security Illegally Drugged Immigrants for Deportation, by Gary Hunter
- Connecticut DOC Settles Prisoner’s Brutal Beating By Ten Guards For $500,000
- Multiple Incidents Indicate Florida Jail Has Culture of Abuse
- Prisoners’ Death Rate Report Indicts Prison Medical Care by Implication, by David Reutter
- Welcome to Fun Day: Crime and Punishment in the United States, by Marie Gottschalk
- Cook County Jail Conditions Unconstitutional, Charges Department of Justice, by David Reutter
- CMS Fails to Treat MRSA Infection; Florida Jail Prisoner Dies
- Oregon Juvenile Facility Warden Indicted; Youth Authority Director Resigns, by Mark Wilson
- Violence and Corruption at Rikers Island; Called a “Battle Camp for Kids”, by David Reutter
- Former PHS Doctor Arrested on Drug Charges
- Prison Health and Self-Care: MRSA, by Michael D. Cohen, MD
- Cold Case Hits Use Vastly Exaggerated DNA “Match” Statistics; Upheld by California Supreme Court, by Matthew Clarke
- $885,437.24 Award for CMS Massachusetts Jail Nurse Barred for Reporting Prisoner Abuse
- 115,000 Florida Ex-Felons Have Civil Rights Restored Under New Rules
- Texas Prison Guard Files False Report, Faces 20 Years, by Gary Hunter
- Los Angeles County Settles For $900,000 After Unattended Prisoner Savagely Beaten By Violent Jail Gang
- Texas Prisoners Pay Parole Consultants Hefty Fees
- TASER Avoids Liability in Three Deaths by Suing Medical Examiner, by John Dannenberg
- $3,540,402.22 Jury Award In California Wrongful Conviction Case
- PR Bonds Plummet in Harris County, Texas as Jail Overflows, by Gary Hunter
- Nurse Pleads Guilty in Death of Florida Juvenile Prisoner
- Ohio Court Finds Three-Drug Execution Protocol Violates Prisoners’ State Rights
- Florida Prison Employees Awarded $630,000 for Subjection to Prisoner “Gunners”
- Demonstrators Supporting Guantanamo Prisoners in Front of U.S. Supreme Court Found Guilty of Unlawful Assembly
- $170,000 Jury Verdict in Sacramento Jail Beating
- Costs for San Quentin’s Proposed New Death Row Spiral Upward, by John Dannenberg
- Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated, by John Dannenberg
- Florida Sheriff Sued for Awarding No-Bid Health Care Contract, Receiving Gifts
- Civil Commitment Provisions of Adam Walsh Act Held Unconstitutional
- PHS Receives Three-Year $366 Million Rikers Island Medical Care Contract Renewal Despite Non-Performance Fines for Last Three Years, by John Dannenberg
- Washington Jail Remodel Violated State Law, at a Cost of $51.6 million, by Mark Wilson
- Michigan Escape is Not “Violent Felony” for ACCA Purposes
- Jail Nurse Guilty of Forging Doctor’s Order; Forged Orders Common Jail Practice, by Mark Wilson
- $7 Million in Settlements in Colorado Jail Prisoner’s Death from Medical Negligence, by David Reutter
- Ohio Jail Guard’s Excessive Force Conviction Affirmed
- $1,100,000 Settlement in Juvenile Prisoner Suicide in Union County, New Jersey
- Will California’s $11 Billion Prison Outlay Survive State Budget Cuts?, by Marvin Mentor
- Second Circuit Recognizes Attorney-Client Privilege in Prisoner’s Journal in Prosecution of Rapist Guard
- Rape of Child by Former Washington DOC Director’s Son Spawns Departmental Crisis, by John Dannenberg
- Ex-Con Exposed – Had Posed as a Lawyer, by John Dannenberg
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- New Jersey Court Enters Preliminary Injunction Barring Women Prisoners at Men’s Prison
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- Maryland DOC Pays $500,000 for Detainee Beaten to Death By Guards
- $7,025 Award in Slip and Fall From Ohio Prison Bunk
- Georgia Sheriff Must Give Revenue from Prisoner Phone Calls to County, by David Reutter
- Beleaguered Oregon Sheriff Steps Down, by Mark Wilson
- Violence at Oklahoma Prisons Leaves Two Dead, Twenty-Five Injured, by Matthew Clarke
- News in Brief:
- Sixth Circuit Now Permits § 1983 Complaint to Proceed Even If Prisoner Did Not Initially Plead Exhaustion Below
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- 428 Georgia Prison Employees Criminally Charged in Five Years, April 1, 2024. Guard Misconduct, Criminal Prosecution, Statistics/Trends.
- At BOP California “Rape Club” Prison: Historic Ruling, FBI Raid, Warden Removed, April 1, 2024. Staff-Prisoner Assault, DOC/BOP misconduct, Retaliation for Litigating, Retaliation for Filing Grievances, Whistleblowing, Retaliatory Searches, Retaliatory Segregation, Systemic Medical Neglect, Failure to Treat, Staffing, Preliminary Injunctions/TRO's, Special Masters, Failure to Treat (Mental Illness), Special Master.
- Eighth Circuit Affirms Qualified Immunity for Missouri Prison Chief in Sexual Abuse Claims Against Former Guard, April 1, 2024. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Immunity - Absolute and Qualified.
- BOP Pays $40,000 to Prisoner Sexually Assaulted at Florida Lockup by Guard, Who Must Pay Her $1 Million, March 1, 2024. Staff-Prisoner Assault, DOC/BOP misconduct, Prison Rape Elimination Act.
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024. Staff-Prisoner Assault, Jail Misconduct, Strip Searches, Qualified Immunity, Immunity - Absolute and Qualified, Searches - Body/Strip, Immunity, Non-Consensual.
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- Lawsuit Claims Kentucky Prison Officials Ignored Chaplain’s Sexual Abuse, Feb. 1, 2024. Staff-Prisoner Assault, DOC/BOP misconduct, Retaliation for Litigating, Whistleblowing.
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