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Articles by Douglas Ankney

Eighth Circuit Rules District Court Must Use Federal Law for Admissibility of Expert Testimony

by Douglas Ankney

The U.S. Court of Appeals for the Eighth Circuit agreed with Plaintiff Craig Shipp that a district court erred when it failed to rely on federal law in determining the admissibility of the testimony of Shipp’s expert, but in this case the error was harmless.

Shipp was ...

Pennsylvania Supreme Court: Illegal Juvenile LWOP Sentence Undermined Validity of Later Conviction

by Douglas Ankney 

The Supreme Court of Pennsylvania held that an illegal mandatory sentence of life without parole (“LWOP”) imposed upon a juvenile undermined the validity of a later conviction for assault by a life prisoner predicated on the LWOP.

In 1970, James Henry Cobbs was 17 years old when ...

Federal District Court Orders All CDCR Employees be Vaccinated

by Douglas Ankney

On September 27, 2021, the United States District Court for the Northern District of California ordered implementation of the Receiver’s recommendations that “(1) access by workers to CDCR institutions be limited to those workers who establish proof of full vaccination or who have established a religious or ...

Fourth Circuit Rules Prisoner Sex Offender has No Right to In-Person Visitation with His Minor Children

by Doug Ankney

James Desper is a convicted sex offender incarcerated at the Augusta Correctional Center in Craigsville, Virginia. For six years, Desper received visits from his minor child without incident. None of Desper’s crimes or convictions involved his child. But in March 2014, the Virginia Department of Corrections (VDOC) ...

Supreme Court Reverses Qualified Immunity Dismissal of Texas Prisoner’s Excessive Force Claim

by Douglas Ankney

In December 2016, Prince McCoy Jr. was confined in a segregation cell at the Darrington Unit in Rosharon, Texas. The prisoner in the cell adjacent to McCoy’s threw water on Officer Tajudeen Alamu. Alamu left and the prisoner covered the front of his cell with bedding. Alamu ...

US Marshalls Terminate Contract with GEO Snitch Camp at Queens NY Detention Facility

by Douglas Ankney

On March 16, 2021, the Queens Daily Eagle reported that the federal government had declined to renew a contract with for-profit prison contractor GEO Group to operate the Queens Detention Facility (QDF). QDF was New York City’s last privately-operated jail.

GEO contracted with the U.S. Marshalls Service ...

California Begins Transfer of Prisoners to Facilities Consistent with Prisoners’ Gender Identity

by Douglas Ankney

In 2020, California enacted Senate Bill No. 132, the Transgender Respect, Agency, and Dignity Act (SB 132). SB 132 requires, inter alia, that the California Department of Corrections and Rehabilitation (CDCR) house prisoners “in a correctional facility designated for men or women based on the individual’s preference” ...

District Court Extends Armstrong Order to Five Additional California Prisons

Judge Orders Facilities Housing Disabled Prisoners
to Install Surveillance and Body Cameras

by Derek Gilna and Doug Ankney

On March 11, 2021, U.S. District Judge Claudia Wilken in the Northern District of California ordered the California Department of Corrections and Rehabilitation (CDCR) to require its guards to wear body cameras and install ...

District Court Certifies Class Status in Louisville Jail Overdetention of Prisoners’ Suit

In February 2017, plaintiffs Jacob Healy, James Michael Jarvis, Jr., Cynthia Dawn Yates, and ...

Connecticut Prisoner Population Lowest in Over Three Decades Due to Coronavirus