by Mark Wilson
The United States Court of Appeals for the Ninth Circuit held that a prisoner who fails to comply with prison grievance procedural requirements nevertheless exhausts administrative remedies if prison officials deny the grievances on the merits.
In January 2011, California prison physician Wesley Hashimoto recommended morphine and ...
by Mark Wilson
The United States Court of Appeals for the Sixth Circuit remanded a suit challenging Michigan juvenile life without parole (LWOP) statutes, to address the issues under the legal landscape established by the United States Supreme Court. On remand, the district court declared that the juveniles are entitled ...
by Mark Wilson
The Hawaii Supreme Court reversed an escape conviction, finding that failing to report to a caseworker while on extended furlough is not escape.
In June 2011, Hawaii prisoner Eugene Paris Jr. was released on an extended furlough. His parents' home was listed as his furlough site. The ...
by Mark Wilson
The United States Court of Appeals for the Third Circuit held that a reasonable fact finder could conclude that a prisoner was issued a misconduct report in retaliation for threatening to file a grievance.
Pennsylvania prisoner Joseph Watson's radio was broken while guard Kline was inspecting it ...
by Mark Wilson
"Seeking to obtain…revenue by unremittingly pursuing legal actions against disadvantaged individuals--the counterproductive practice at issue here--can have damaging effects on the community," the United States Court of Appeals for the Ninth Circuit recently declared. "Not only does such a policy unfairly conscript the poorest members of society ...
by Mark Wilson
The Arkansas Supreme Court held that the federal Driver's Privacy Protection Act (DPPA) does not prohibit public disclosure of information contained in vehicle accident reports from being released under the Freedom of Information Act (FOIA).
Attorney Daniel Wren sent a FOIA request to the Arkansas State Police ...
by Mark Wilson
The Oregon Court of Appeals held that an alleged rape victim was required to turn over her computer for in camera inspection of her internet searches. That is, a criminal defendant's right to access "important and exculpatory" evidence trumps the victim's privacy rights.
In 2011, Bend, Oregon, ...
by Mark Wilson
The Oregon Court of Appeals vacated a probation revocation judgment, finding that the court improperly revoked for the violation of a special condition that was not imposed by the court.
Valora Rivera-Waddle pleaded guilty to assaulting a public safety officer and was sentenced to 60 days in ...
