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Articles by Mark Wilson

Oregon Supreme Court Reverses Course: Secretly Taping Prisoner’s Statements Does Not Violate Right to Counsel

by Mark Wilson

In a 4-to-3 ruling, departing from its previous recent decisions, the Oregon Supreme Court held on May 23, 2019 that secretly recording a prisoner’s solicitation of another prisoner to kill two witnesses and assault a prosecutor in his pending criminal case did not violate his constitutional right ...

Veteran Oregon Jail Guard Indicted and Jailed

by Mark Wilson

An Oregon jail guard’s 22-year career ended in handcuffs in May 2019 when she was booked into jail on a five-count indictment, including witness tampering and official misconduct.

Marion County Sheriff’s Office (MCSO) deputy Janet Eagleston was indicted on four counts of first-degree official misconduct – for ...

Oregon Faces State and Federal Contempt Proceedings Over Delayed Competency Services for Mentally Ill Defendants – Again

by Mark Wilson

"The Oregon State Hospital has known about this for 16 years,” criminal defense attorney Amanda Thibeault said as she fought back tears. “I feel like I’m failing my client. For too long the Oregon legislature and the agencies it funds have placed other priorities ahead of protecting ...

Jails in Oregon and Washington State Have High Prisoner Death Rates

by Matt Clarke and Mark Wilson

The Spokane County jail in Washington State recently marked its ninth prisoner death since June 2017. But it was hardly unique. A study released in May 2019 by Columbia Legal Services (CLS), a nonprofit law firm, counted 210 prisoner deaths in local jails across ...

Body-Wire Evidence of Oregon Jail Murder for Hire Plot Must be Suppressed; Solicitation Does Not Support Attempted Murder Conviction

by Mark Wilson

 The Oregon Court of Appeals held that a prisoner who solicited another prisoner to kill a witness cannot be convicted of attempted aggravated murder. It also held that body-wire evidence obtained by the prisoner should have been suppressed.

Marcellus Ramon Allen was arrested on a May 2012 ...

Oregon Transitional Leave Violations Require Morrissey Due Process Protections

by Mark Wilson

In a case of first-impression, a fed­eral district court held that Oregon prisoners have a protected liberty interest in transitional leave that may not be revoked without procedural protections required by Morrissey v. Brewer, 408 U.S. 471 (1972). 

Oregon created an Alternative Incarceration ...

Oregon: Knowledge of Injury and Defendants’ Causal Role Required for Accrual of § 1983 Claims

by Mark Wilson

unanimous Oregon Supreme Court held on January 17, 2019 that a claim that prison officials were deliberately indifferent to the risk of sexual abuse by a guard at a juvenile facility accrued when the plaintiff knew or reasonably should have known of his injury and the ...

First Circuit: Denial of Humira Psoriasis Treatment Not Deliberately Indifferent

by Mark Wilson

The United States Court of Appeals for the First Circuit held that a lower court properly granted summary judgment to a Massachusetts prison doctor who refused to prescribe Humira to treat a pretrial detainee’s psoriasis.

Jenna Zingg was a pretrial detainee at the Massachusetts Correctional Institute (MCI) ...

Seventh Circuit Upholds Nationwide Injunction on Trump’s Attempt to Deny ‘Sanctuary Cities’ Federal Funding

by Mark Wilson

The United States Court of Appeals for the Seventh Circuit upheld a nationwide injunction, enjoining the Trump Administration from denying law enforcement grant funding to “sanctuary cities.”

Finding that one in five of its residents are immigrants, the City of Chicago adopted its “Welcoming City ordinance” in ...

Third Circuit Reverses Federal Prisoner’s FOIA Request Denials

by Mark Wilson

The United States Court of Appeals for the Third Circuit reversed the dismissal of a federal prisoner’s Freedom of Information Act (FOIA) requests.

Federal prisoner James Biear made FOIA requests of the Criminal Division of the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI) and ...