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Third Circuit: Retroactive Application of Amended New Jersey Parole Guidelines May Violate Ex Post Facto Clause
by Douglas Ankney
On September 22, 2021, the U.S. Court of Appeals for the Third Circuit reversed a district court’s dismissal of a pro se prisoner’s 42 U.S.C. § 1983 complaint, after determining he had presented a plausible claim that retroactive application of amended guidelines to his parole hearings violated ...
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More from this issue:
- Wellpath Founder and CEO Pleads Guilty to Federal Bribery Charges, by David Reutter
- From the Editor, by Paul Wright
- JPay Founder Ryan Shapiro Indicted for Securities Fraud, by Kevin Bliss
- Guards Not Vaxxing Across the U.S., by Jo Ellen Nott
- Virginia DOC Terminates Contract with Armor Correctional Healthcare, by Ashleigh Dye
- “The Worst Prison in New York State”, by Victoria Law
- $500,000 Default Judgment for Tennessee Woman Sexually Assaulted by Probation Officer, by David Reutter
- HRDC Wins Appeal in Florida Public Records Request Case Against Armor Correctional Health Services
- Settlement Reached to Protect Hawaii Prisoners from COVID-19, by David Reutter
- Show Me the Money: Tracking the Companies that Have a Lock on Sending Funds to Incarcerated People, by Tiana Herring, Stephen Raher
- BOP Greenlights Sex Reassignment Surgery for Federal Prisoner in Texas, by Matthew Clarke
- Department of Justice Reports on Two Decades of Prisoner Suicides, by Matthew Clarke
- Fifth Circuit Reinstates Guard’s Lawsuit Claiming Other Guards Raped Her in Texas Prison
- Michigan Prisons Ordered to Provide Jewish Prisoners Meat and Dairy on Sabbath and Holidays; Sixth Circuit Affirms, by David Reutter
- Michigan DOC Agrees to Expand Recognition of Religious Groups After DOJ Investigation
- Former Florida Prison Guard Sentenced for Conspiracy to Assault Youthful Offenders
- Federal Court Hears that Mental Healthcare in Louisiana Prison is “Almost Non-existent”, by Matthew Clarke
- Federal Judge Finds Alabama DOC Mental Health Care Horrendous, Orders: Start Hiring, by Jo Ellen Nott
- Tenth Circuit: Mentally Ill Prisoners Have No Clearly Established Right to Be Kept Out of Solitary Confinement, by Jacob Barrett
- $40,251 Default Judgment for Detainee in Malicious Prosecution by Georgia Police Officer
- Settlement Reached in Lawsuit Alleging Inadequate COVID-19 Response at Maryland Jail, by David Reutter
- California Court of Appeal Holds Prisoner May Challenge Administrative Disciplinary Violation Already Served, by Matthew Clarke
- “Abject Cruelty”: California Jail Guards Sentenced for Coordinating Prisoner Excrement Fights
- Seventh Circuit Reinstates Illinois Prisoner’s Suit Over ‘Orange Crush’ Shakedown, by David Reutter
- Dallas County Prisoner Trust Fund Bilked of $700,000 With Faked Debit Release Cards by Jail Employee
- Oregon Prisoners Face Off in Guards’ Legal Fight Over COVID-19 Vaccination Mandate
- All Writs Act Provides Authority for Medical-Imaging Transport Order for Condemned Ohio Prisoner Challenging His Conviction; Certiorari Granted, by David Reutter
- Justice Department Releases Ten-Year Recidivism Study, by Matthew Clarke
- Oregon Federal Court Sides with HRDC, Denies Motion to Compel Arbitration by “NUMI” Stored Value Cards, by Jacob Barrett
- Sixth Circuit Holds Subjective Prong of Deliberate Indifference Test Inapplicable to Pretrial Detainee’s Claims; Reinstates Lawsuit, by Matthew Clarke
- After Sixth Death in Six Years, Virginia Jail Cuts Ties with Corizon Health, by Keith Sanders, Jayson Hawkins
- $638,250 Judgment Against Georgia Jail Guard Who Orchestrated Prisoner’s Beating, by Harold Hempstead
- Federal Judge Sanctions Former Arizona DOC Director’s Foot-Dragging Attorneys in Pro Se Prisoner’s Suit, by Matthew Clarke
- $21,525 Awarded by Federal Court to Indiana Prisoner Subjected to Battery by Guard, by David Reutter
- Third Circuit: Retroactive Application of Amended New Jersey Parole Guidelines May Violate Ex Post Facto Clause, by Douglas Ankney
- Corrections Special Applications Unit Builds a Lucrative National Track Record of Abuse and Torture, by J.D. Schmidt
- Massachusetts DOC Fires COVID-19 Mitigation Ombudsman Over Previous Allegations of Document Falsification
- News in Brief
- Second Circuit Holds N.Y. Prisoner’s Short-Term Injury May Qualify As Disability under ADA, by Jo Ellen Nott
More from Douglas Ankney:
- Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, April 15, 2025
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025
- Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication, March 15, 2025
- California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed, March 15, 2025
- Nevada Supreme Court: Theft Offenses and Possessing or Receiving Stolen Property Offenses Are Mutually Exclusive and Double Jeopardy Protections Bar Conviction for Both Offenses When Based on Same Conduct, March 15, 2025
- Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, March 15, 2025
- $100,000 Settlement Reached in New York Prisoner’s Solitary Confinement Suit, After Jury for First Time Finds Practice Violates Eighth Amendment, March 1, 2025
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
More from these topics:
- Virginia Parole Board Skirts New Transparency Rules, Governor Walks Back Expanded Sentence Credits—Again, March 1, 2025. Local Rules, U.S. Sentencing Guidelines, Probation, Parole & Supervised Release, Credits.
- Medicare Now Available to Those on Probation and Parole, Feb. 15, 2025. Health care, Probation, Parole & Supervised Release.
- California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051, Feb. 15, 2025. Equal Protection Clause/Claims, Murder/Felony Murder, Juvenile Offenses/Offenders, Probation, Parole & Supervised Release.
- The Murky Waters of Parole, Feb. 1, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Parole Liability, Probation, Parole & Supervised Release.
- GOP Michigan County Commissioner Re-elected— and Headed to Federal Prison, Jan. 15, 2025. Government Misconduct, Marijuana Laws/Issues, Probation, Parole & Supervised Release, Criticism of Government.
- Washington Court of Appeals: No Reimbursement for Community Service Performed for Vacated Conviction, Dec. 15, 2024. Wrongful Conviction, Appeals/Appellate Jurisdiction, Probation, Parole & Supervised Release, Reimbursement of Costs.
- Parole Rate Plummets in South Carolina, Dec. 1, 2024. Parole Board Misconduct, Probation, Parole & Supervised Release.
- California Resentences 15 Condemned Prisoners to Life Without Parole, Nov. 15, 2024. Life without Parole (LWOP), Resentencing, Probation, Parole & Supervised Release.
- “Like Being Back in Jail”: Wisconsin Returns Released Sex Offenders to Lifetime GPS Monitoring, Nov. 15, 2024. Electronic Monitoring, Sex Offender Treatment, GPS Tracking Device, Probation, Parole & Supervised Release.
- Alaska Supreme Court: DOC Can’t Unilaterally Redefine ‘Parole Release Date’, Oct. 15, 2024. U.S. Sentencing Guidelines, Probation, Parole & Supervised Release.