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Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release Held Unconstitutional, Then Constitutional
Loaded on July 15, 2009
by Mark Wilson
published in Prison Legal News
July, 2009, page 10
Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release
Filed under:
Sex Offenders (Discrimination),
Liberty Interests,
Judiciary,
Good Time,
Parole,
Immunity/Liability,
Qualified Immunity,
Civil Commitment.
Location:
Washington.
Held Unconstitutional, Then Constitutional
by Mark Wilson
Illustrating the axiom that the law means whatever a judge decides it means, in a 2-to-1 decision, a panel of the Ninth Circuit Court of Appeals held that Washington state law creates …
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More from this issue:
- Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act, by Margo Schlanger
- From the Editor, by Paul Wright
- Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release Held Unconstitutional, Then Constitutional, by Mark Wilson
- Texas Posthumously Exonerates Man Who Died in Prison, by Matthew Clarke
- $226,000 Workers’ Comp Settlement for Pennsylvania Guard Scarred by MRSA
- ADA Routinely Violated by Prisons in the case of Deaf Prisoners, by McCay Vernon, Ph.D.
- The Illusion of Immigrant Criminality: Getting the Numbers Wrong, by David L. Wilson
- Florida Guard Convicted of Assaulting Prisoner
- Supreme Court Holds Supervisory Officials Not Liable for Abuse of 9-11 Detainees, by Matthew Clarke
- $30,000 Settlement in Milwaukee Jail Death
- Former Oregon DOC Food Manager Abandons Wife to Federal Prosecution; Herding Sheep in Iran While on the Lam, by Mark Wilson
- UNICOR Robs Jobs from Private Sector; Prisoners Sue Over Working Conditions, by Brandon Sample
- Prisoner’s Right to Mail Announcement of Peaceful Demon-stration Trumps Purported Prison Security Claims, by Marvin Mentor
- University of Arizona Releases Report on Women Immigration Prisoners, by Matthew Clarke
- $500,000 Awarded to New York Prisoner Raped by Jail Guard; Vacated on Post-Trial Motion
- Habeas Hints: Traverse Motion Responses, by Kent A. Russell
- Sentencing Project Releases Report on Sentencing Policy and Practice, by Matthew Clarke
- Oregon Jail Guards Lose Access to Porn Sites, by Mark Wilson
- New Mexico Abolishes Death Penalty; Similar Efforts Fail in Other States, by David Reutter
- Arkansas Sends Toxic Tech Trash to UNICOR Recycling Program, by Matthew Clarke
- FBI Arrests Former Prisoner Indicted for Hacking Massachusetts Jail Computer
- $4.6 Million Settlements in Death of Quadriplegic D.C. Prisoner, by David Reutter
- Strip-Searched Iowa Bush Protesters Awarded Damages at Trial, Re-Trial, by Matthew Clarke
- Positive Correlation between Mental Illness and Prison Victimization, by Jimmy Franks
- Santa Cruz County, Arizona Pays $3 Million in Strip Search Suit, by Jimmy Franks
- $10,000 Verdict in Sexual Assault by Virginia Guard
- Report Says Unfinished Prison Project Is Single Greatest Iraq Reconstruction Failure, by Matthew Clarke
- Bureau of Justice Publishes Report on Sexual Misconduct at Juvenile Facilities
- Ohio Limits Electronic Monitoring to Only Those Who Can Pay
- Miami’s Sex Offender Bridge Encampment Continues to Grow, by David Reutter
- BOP Failed to Protect Female Prisoner Informant from Rape, Sexual Abuse by Guards, by Brandon Sample
- $3,200 Awarded to Indiana Jail Prisoner for Negligent Medical Care
- New York Prisoner Awarded $5,000 for Assault by Cellmate
- Postal Service Panics Over Sex Offender Participant in Christmas Program, by Matthew Clarke
- PLN Files Suit Against Los Angeles County for Failure to Comply with Public Records Act
- Survivor Manual, compiled and edited by Bonnie Kerness, illustrated by Todd Tarselli and other talented artists, 90 pgs., by Sundiata Acoli
- Causal Link Established by Prison Officials’ Failure to Protect Prisoner from Specific Threats
- $3.3 Million Settlement Fund Established in New Mexico Jail Strip Search Settlement
- California Jury Awards Deaf Prisoner $5,000 for Failure to Provide Interpreter; $193,582 in Fees Awarded by Court
- Former California DOC Worker Kept Confidential Prison Gang Files at Home
- Louisiana Private Prison Warden Arrested for Malfeasance
- Massachusetts Prisoner Awarded $550,307 in Attorney Fees and Costs in Unsanitary Conditions Case
- California: Waiver of Private Psychotherapist-Patient Privilege an Unreasonable Condition of Parole
- Oregon Teenage Girls Stage Brazen Escape Attempt
- $75,000 Settlement for Shutting Off Water in Seattle Jail Prisoner’s Cell
- $445,000 Settlement in Ohio Jail Prisoner’s Medical Death
- Pennsylvania County Sex Offender Residency Ordinance Voided
- State, Not County, Required to Pay Attorney Fees in Georgia Death Penalty Cases
- $9,000 Award for Hawaiian Prisoners Bitten By Dogs at Oklahoma CCA Prison
- Florida and Oregon Prison Employees Face Sex Charges
- Fifth Circuit Rules Texas Parole Law Not Ex Post Facto
- No Qualified Immunity for Pepper Spraying Alabama Prisoner; Case Settles After Remand, by David Reutter
- News in Brief:
- $1,800,000 Settlement in Michigan Jail Prisoner Suicide Case
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Washington DOC Barred from Putting Prisoners on Lockdown and Calling It “Programming”, Sept. 1, 2026. Prison Labor, Liberty Interests, Notice of Rules, Lockdowns, Statutory Construction/Interpretation.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- New Jersey Court Rules That Denial of Transgender Prisoner’s Transfer Request Violates Neither Discrimination Law nor Equal Protection Clause, Sept. 1, 2026. Transfers, Civil Commitment, Discrimination (Transgender), Equal Protection Clause/Claims, Sexually Dangerous Persons/Sexual Violent Predators.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.

