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Ninth Circuit: 9-Year Detention Pending Civil Commitment Proceeding Warrants Habeas Relief
Loaded on Feb. 15, 2014
published in Prison Legal News
February, 2014, page 19
In March 2013, the Ninth Circuit Court of Appeals reversed a district court’s dismissal of a pro se habeas petitioner’s claim that his 9-year detention while waiting for the State of California to initiate civil commitment proceedings was unconstitutional.Just before convicted rapist Bobby Joe Knight’s scheduled release from prison ...
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More from this issue:
- Violence, Security Lapses and Media Attention Lead to Reforms at Georgia Prison, by David Reutter
- From the Editor, by Paul Wright
- Prison Phone Justice Campaign: Recent Developments
- Bankruptcy Injunction Covers Pre-petition Incarceration Costs, but Not Those that Accrue Afterwards
- What Are the Odds of Complete Reversal After Conviction in the Second Circuit?, by Peter Schmidt
- The Effects of Private Prison Confinement in Minnesota on Offender Recidivism
- Confronting Prison Slave Labor Camps and Other Myths, by James Kilgore
- Ninth Circuit: 9-Year Detention Pending Civil Commitment Proceeding Warrants Habeas Relief
- Possession of Rape Video Warrants Restitution; Victim Awarded Over $1 Million Thus Far; Supreme Court Grants Cert.
- California: Felons with Prior Juvenile Strikes Excluded from County Jail Placement Under Realignment Act
- PA Prison Lieutenant Fired After Assisting in Criminal Investigation
- PLN Settles Censorship Suit Against Texas County Jail for $175,000
- New Trial Granted in Jail Strip Search Case Following Jury Verdict; $385,000 Settlement, by Matthew Clarke
- California: State Prisoner Cannot Serve Concurrent Sentence in County Jail
- Iowa: Bad Faith or Misconduct can Overcome Mental-Process Privilege in Disciplinary Case
- Prisoner Assaulted in Tennessee Jail Settles Suit for $530,000, by Derek Gilna
- Arrested: What to do When Your Loved One’s in Jail, by Wes Denham, by John Dannenberg
- California: Sexually Violent Predator Entitled to Jury Trial on Petition Seeking Conditional Release
- Qualified Immunity Denied to Prison Psychiatrist who Prescribed Lethal Drug Combination; $450,000 Settlement
- Medical Parole for Texas Prisoners on the Decline, by Matthew Clarke
- Court Employee Fired for Helping Wrongfully Convicted Prisoner Prove His Innocence, by Christopher Zoukis
- NY Prisoner’s Youthful Age Considered in Modifying Prison Disciplinary Sanction
- Islamic Organization Petitions to Let Muslim Women Prisoners Wear Hijabs, by Christopher Zoukis
- Eighth Circuit: No Qualified Immunity for Excessive Use of Force, Retaliation
- Ninth Circuit Reverses Dismissal of Wiccan Prisoners’ Establishment Clause Claim
- West Virginia Sex Offender Does Not Have Right to Attend Specified Church
- Rules Governing Lethal Injections Not Required under Georgia Law
- Deliberate Indifference Medical Claim Accrues Upon Discovery of Injury and its Cause
- Private Corrections Institute Issues First Annual Awards for Activism, Advocacy and Reporting on Private Prisons
- Criminal Background Checks Criticized for Incorrect Data, Racial Discrimination, by Derek Gilna
- Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity
- Ninth Circuit Upholds Six-Day Contraband Watch Conditions
- Reflections on the No More Jails Campaign in Champaign County, Illinois, by James Kilgore
- Ninth Circuit Questions Constitutionality of Requiring Jail Prisoners to Wear Pink Underwear, by Matthew Clarke
- Pennsylvania Jail Official Indicted for Groping Co-workers, by Christopher Zoukis
- Solitary Confinement’s Invisible Scars, by Five Oman Mualimm-ak
- Lawsuit, Whistleblower Allege Rape by Guards at New Mexico Prison
- Ninth Circuit: Immigration Detainees Must be Afforded Opportunity to Challenge Continued Detention after Six Months
- Restitution Not Owed for Arrest Costs, West Virginia Court Holds, by Derek Gilna
- Discretionary Immunity Dismissal of Ohio Prisoner’s Negligence Claims Reversed
- Washington: No Public Funds for Deferred Prosecution Treatment Programs
- Short-term Deprivation of Toilet Paper Does Not Violate Detainee’s Rights
- Justice Department Reports: Correctional Populations Declining at Slower Pace, by Derek Gilna
- Jails Market Electronic Cigarettes to Prisoners, by Christopher Zoukis
- Crime Declines while Anti-crime Funding Increases, by Christopher Zoukis
- News in Brief
More from these topics:
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.
- On Remand, Eleventh Circuit Clarifies, Affirms Grant of Habeas Relief to Death Row Prisoner, Aug. 1, 2025. Habeas Corpus, Death Penalty, Death Row.
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025. Habeas Corpus, AEDPA.
- Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion, July 1, 2025. Rehabilitation/Recidivism, Habeas Corpus, Threats.
- Georgia Moves to Shield Intellectually Disabled Prisoners from Execution, June 1, 2025. Sentencing, Death Penalty.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence, May 15, 2025. Sentencing, Drug Laws/Offenses.
- Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity Due to Which State’s Statute Prior Conviction Based Upon, May 15, 2025. Sentencing, Failure To Consider Disparity, Federal-State Differences/Disparity/Conflicts, Disparity in Charging/Sentencing Practices.
- SCOTUS Announces Only ‘False’ Statements Made to FDIC Are Criminalized Under 18 U.S.C. § 1014, Not Statements That Are ‘Misleading’ but True, May 15, 2025. Sentencing, False Statements/Perjury.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.