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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 …
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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
- Settlement Reached to Protect Hawaii Prisoners from COVID-19, by David Reutter
- HRDC Wins Appeal in Florida Public Records Request Case Against Armor Correctional Health Services
- Show Me the Money: Tracking the Companies that Have a Lock on Sending Funds to Incarcerated People, by Stephen Raher, Tiana Herring
- 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 DOC Agrees to Expand Recognition of Religious Groups After DOJ Investigation
- Michigan Prisons Ordered to Provide Jewish Prisoners Meat and Dairy on Sabbath and Holidays; Sixth Circuit Affirms, by David Reutter
- 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
- Dallas County Prisoner Trust Fund Bilked of $700,000 With Faked Debit Release Cards by Jail Employee
- Seventh Circuit Reinstates Illinois Prisoner’s Suit Over ‘Orange Crush’ Shakedown, by David Reutter
- All Writs Act Provides Authority for Medical-Imaging Transport Order for Condemned Ohio Prisoner Challenging His Conviction; Certiorari Granted, by David Reutter
- Oregon Prisoners Face Off in Guards’ Legal Fight Over COVID-19 Vaccination Mandate
- Oregon Federal Court Sides with HRDC, Denies Motion to Compel Arbitration by “NUMI” Stored Value Cards, by Jacob Barrett
- Justice Department Releases Ten-Year Recidivism Study, by Matthew Clarke
- After Sixth Death in Six Years, Virginia Jail Cuts Ties with Corizon Health, by Jayson Hawkins, Keith Sanders
- Sixth Circuit Holds Subjective Prong of Deliberate Indifference Test Inapplicable to Pretrial Detainee’s Claims; Reinstates Lawsuit, by Matthew Clarke
- $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
- Second Circuit Holds N.Y. Prisoner’s Short-Term Injury May Qualify As Disability under ADA, by Jo Ellen Nott
- News in Brief
More from Douglas Ankney:
- Pregnant Women Detained in Jail: The Hideous Story of In-Custody Births, May 1, 2026
- Idaho DOC Director Denies Verified Report of Rampant Sexual Abuse of Women Prisoners by Staff, May 1, 2026
- Fourth Circuit Announces Defendant Has Standing to Appeal Based Solely on Rogers–Singletary Claim of a “Material Discrepancy Between” Written and Orally Articulated Judgment at Sentencing, May 1, 2026
- Illinois Jail Reprimanded for Denying Detainees Mail Based on Media Content, P.O. Box Return Address, Settles Detainees’ Suit with $111,825 Payment of Legal Fees, May 1, 2026
- Sixth Circuit Announces Federal Coercion and Enticement Statute Requires Knowledge of Victim’s Minor Status, Deepening Circuit Split, May 1, 2026
- Oklahoma Supreme Court: Jail Trust Cannot Withhold Requested Records under Law Enforcement Exemption of ORA, May 1, 2026
- Delaware Supreme Court Announces Adoption of ABA Standard 3-6.5(b) Governing Prosecutors’ Opening Statements, Reverses Murder Convictions Based on Prosecutor’s References to Co-Defendant’s Guilty Plea, May 1, 2026
- Tenth Circuit Holds Prior California Child Pornography Conviction Does Not Trigger Federal Mandatory Minimum Because State Statute Encompasses Conduct Beyond Federal Definition Under Categorical Approach, April 1, 2026
- Kentucky Supreme Court Clarifies Parole Board May Delegate Final Revocation Hearings to Administrative Law Judges but Holds Due Process Requires Parolees Be Permitted to File Exceptions to ALJ Findings Before Board Renders a Final Revocation Decision, April 1, 2026
- New York Court of Appeals Holds Generic Physical Description Insufficient to Justify Pursuit in Mistaken Identity Case, and Suspect’s Flight Cannot Support Reasonable Suspicion Absent Evidence He Knew He Was Fleeing Law Enforcement, April 1, 2026
More from these topics:
- Guaranteed Income Helps People Leaving Jail and Prison, and That Helps Everyone, May 1, 2026. Crime/Demographics, Prisoner Privileges, housing, jobs, Restrictions, discrimination, Probation, Parole & Supervised Release, Fines.
- SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split, April 1, 2026. Sentencing, Revocation/Modification of Probation, etc., Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release.
- Maine Was the First State to Abolish Parole. Incarcerated Mainers, Advocates Hope to Bring it Back., March 1, 2026. Rehabilitation/Recidivism, Parole, Post-release, ex-offender, re-entry, Probation, Parole & Supervised Release, De Facto Life Sentence.
- SCOTUS Announces MVRA Restitution Constitutes Criminal Punishment Subject to Ex Post Facto Clause Protections, Feb. 1, 2026. Ex Post Facto, Restitution, Constitution, U.S., Statutory Construction/Interpretation.
- Study Finds Parole Hearings and Grants Continue to Fall, Jan. 1, 2026. Parole Board Misconduct, Statistics/Trends, Rehabilitation/Recidivism, Parole, Probation, Parole & Supervised Release.
- SCOTUS Overturns Oklahoma Prisoner’s Death Sentence After More than 25 Years on Death Row, Nov. 1, 2025. Ex Post Facto, Good Time, Wrongful Conviction, Habeas Corpus, Wrongful Imprisonment, Pardons/Clemency, First Step Act, Civil Asset Forfeiture Reform Act (CAFRA), Specific Offenses, Controlled Substances, Weapons, Accuracy of Information, Depraved Indifference Murder, Evidence - Circumstantial, Theft, Failure to Disclose, Perjury/Perjured Testimony, Evidence - Failure to Disclose, New Trial - Motions for, Pleas Linked to Cooperation, Evidence - Destruction/Fabrication/Manipulation of, Selective Prosecution/Enforcement, Improper Comments, Official Report, Withholding of Exculpatory Evidence, Exculpatory Evidence - Disclosure Obligations.
- SCOTUS Announces Courts May Not Consider § 3553(a)(2)(A)—Retribution—When Deciding Whether to Revoke a Term of Supervised Release, Aug. 1, 2025. Supervised Release - Imposition of New Term, Statutory Construction/Interpretation, Probation, Parole & Supervised Release.
- Tennessee Board of Parole Spanked for Failing to Make Recommendation to Governor on Prisoner’s Clemency Application, July 15, 2025. Parole Board Misconduct, Pardons/Clemency, Probation, Parole & Supervised Release, Release Decisions.
- Rash of 5,000 False-Positive Prisoner Drug Tests Going to California Parole Board Anyway, June 1, 2025. Drug Testing, Probation, Parole & Supervised Release.
- Maryland Reforms Offer Second Chances on Expungement and Parole, May 15, 2025. Prior Convictions - Expungement or Reversal of, Probation, Parole & Supervised Release, Second Chance Act of 2008.

