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Articles by Mark Wilson

Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena

by Mark Wilson

The Oregon Court of Appeals reversed a lower court’s dismissal of a criminal proceeding when the victim refused to comply with a subpoena to appear for trial.

Alex David Murray Lorenzo was charged with attempted third-degree assault, constituting domestic violence, for attempting to physically injure his stepfather. ...

Seventh Circuit Rejects Retaliation Claim Based on Suspicious Timing Alone

by Mark Wilson

On July 20, 2020, the U.S. Court of Appeals for the Seventh Circuit affirmed a lower court’s grant of summary judgment on a prisoner’s retaliation claim. The court found that suspicious timing alone is insufficient evidence of retaliatory motive.

Illinois prisoner Elijah Manuel’s disabled cellmate became hostile ...

Theft, Lies and Bribes Force California Warden’s Early Retirement, $11,500 Monthly Pension

Joe Lizarraga began working for the California Department of Corrections and Rehabilitation (CDCR) in 1986. He was appointed warden of the Mule Creek State Prison (MCSP) in 2013, where he was named Warden of the Year by the California Prison Industries Authority in 2017.

Lizarraga reportedly stole from the Interfaith Food Bank Thrift Store in Sutter Creek, California on September 14, 2018. Despite earning an estimated $150,000, annually, he allegedly removed price tags from merchandise, then suggested lower prices to the cashier.

When Sutter Creek police investigated the matter, Lizarraga allegedly lied to the police chief, claiming that he did not suggest prices to the clerk. He also told the chief that he purchased the equipment for his family when it was allegedly for personal financial gain.

Lizarraga wrote a $125 personal money order in an attempt to dissuade a witness from participating in a criminal prosecution and later made a second bribery attempt using prison charitable funds, according to investigative reports.

On January 25, 2019, FBI agents raided Lizarraga’s Mule Creek office, seized his computer and escorted him off the ...

Maine DOC, Medical Provider, Pay $250,000 Settlement Due to Excessive Force on 11-Year-Old

San Francisco Eliminates Fees on Jail Phone Calls

Tioga County, New York Police Informant Paid $50,000 to Settle False Arrest Claims

In March 2014, Russell D. Towner was a ...

Second Circuit Vacates Summary Judgment on Connecticut Prisoner’s Failure to Protect Claim

Connecticut prisoner Christopher J.M. Lewis was a member of the PIRU or PIRU Bloods gang. He was ...

Oregon Court Holds Prison Litigation Reform Act Exhaustion Tolls Statute of Limitations

Anthony Sam White is a paraplegic prisoner of the Oregon Department of Corrections (ODOC). He was denied ...

NaphCare, Oregon Jail’s Private Healthcare Provider, Required to Disclose Records in Detox Death Suit

by Mark Wilson

An Oregon federal court in January 2020 compelled NaphCare, Inc., the private medical care provider for the Washington County Jail (WCJ) in Hillsboro, to disclose lawsuits and financial records in a wrongful death action stemming from the June 2017 detox death of a detainee.

County officials terminated ...

Ex Post Facto Oregon Parole Postponement Claim Not Cognizable in §2254 Proceeding

by Mark Wilson

On October 31, 2019, an Oregon federal court held that a claim that extended parole postponement pursuant to the retroactive application of a new law violates the ex post facto clause and is not cognizable in a 28 USC § 2254 federal habeas corpus proceeding. Such a ...