Eighth Circuit: No Qualified Immunity for Detainee’s Overdose Death
by Mark Wilson
The Eighth Circuit Court of Appeals held on September 20, 2013 that an Arkansas jail guard was not entitled to qualified immunity for his deliberate indifference to a detainee’s serious medical condition which resulted in the detainee’s death. ...
Washington Appellate Court Addresses Right to Public Hearings in Civil Cases
by Mark Wilson
On September 19, 2013, the Court of Appeals of Washington held that the state constitution creates a right of public access to the courts shared by civil litigants and the general public. It also held, however, ...
Ninth Circuit: Heck Allows § 1983 Parole Condition Challenges
by Mark Wilson
On July 31, 2013, the Ninth Circuit Court of Appeals joined the Seventh Circuit in holding that the Heck doctrine does not bar all parole condition challenges brought under 42 U.S.C. § 1983.
California’s Sexual Predator Punishment and ...
Oregon Garnishment Exemption Protects Funds in Prisoners’ Accounts
by Mark Wilson
An Oregon judge has held that a prosecutor improperly seized money from a prisoner’s trust account to pay a court-ordered “compensatory fine.”
In 2006, Norman Earl Schlunt was convicted of poisoning and suffocating his business partner and sentenced to ...
Seventh Circuit: Atheism Considered a Religion; Survey of Prisoner Interest Required
by Mark Wilson
On August 16, 2013, the Seventh Circuit Court of Appeals held for the second time that a prisoner’s request to form an atheist study group must be given the same consideration as other religious study groups. ...
Liberty Interest Necessary to Trigger Arkansas Judicial Review
by Mark Wilson
The Arkansas Supreme Court has upheld the dismissal of a prisoner’s state judicial review action because he failed to assert a constitutional violation.
Arkansas Department of Corrections (ADC) prisoner James Chadwick Renfro said he had entered into ...
Pennsylvania Warrantless, Suspicionless Search Probation Condition Held Invalid
by Mark Wilson
The Pennsylvania Supreme Court held that a condition of probation authorizing warrantless, suspicionless searches of a probationer’s home was invalid, and remanded the case for resentencing.
On September 1, 2007, Philadelphia police witnessed David A. Wilson point ...
Idaho Supreme Court Vacates Summary Judgment for Pepper Spray Manufacturer
by Mark Wilson
On August 27, 2013, Idaho’s Supreme Court held that a lower state court improperly granted summary judgment to a pepper spray manufacturer on a prison guard’s product liability and inadequate warning label claims.
While on ...
No “Reasonable Efforts” to Reunite Oregon Sex Offender with His Son
by Mark Wilson
The Oregon Court of Appeals held on July 3, 2013 that a juvenile court improperly assessed whether the Department of Human Services (DHS) had made reasonable efforts to reunite an incarcerated sex offender with ...
Oregon PPS Sanctions May Not Exceed 180 Days; Prior Contrary Ruling Overturned
by Mark Wilson
The Oregon Court of Appeals has held that the Parole Board lacks authority to impose incarceration sanctions in excess of 180 days for post-prison supervision (PPS) violations for life-sentenced offenders convicted of murder. ...
