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Oregon Jailer Facing Sex Charges Improperly Denied Insanity Defense
Article • April 2, 2018 • from PLN April, 2018
Filed under: Staff-Prisoner Assault, Guard Misconduct, Defenses
Oregon Jailer Facing Sex Charges Improperly Denied Insanity Defense by The Oregon Court of Appeals held that a female jail employee who repeatedly let a prisoner out of his cell to have sex with him should have been allowed to present an insanity defense at trial. As previously reported in …
Ninth Circuit Reverses Dismissal of Deaf Former Prisoner’s ADA Claims
Article • April 2, 2018 • from PLN April, 2018
Filed under: Deaf Prisoners, Americans with Disabilities Act, Rehabilitation Act, Interpreters, Telephone Access
Ninth Circuit Reverses Dismissal of Deaf Former Prisoner’s ADA Claims by Jail officials “may not turn a blind eye to a deaf ear,” the Court of Appeals for the Ninth Circuit fittingly declared in an August 31, 2017 ruling that reversed a summary judgment order in a lawsuit filed by …
Prisons and Jails Impose More Restrictions on Mail, Visits to Curtail Contraband
Article • April 2, 2018 • from PLN April, 2018
Filed under: Guard Misconduct, Clothing, Mail Regulations, Visiting, PLN Litigation
Prisons and Jails Impose More Restrictions on Mail, Visits to Curtail Contraband by Matthew Clarke by Matt Clarke Citing a need to stop the smuggling of drugs and other contraband, some prisons and jails have placed new and stringent restrictions on both prisoner mail and visitation. Beginning in April 2017, …
Oregon Jail 'Tortures' Mentally Ill Prisoners
Article • March 6, 2018 • from PLN March, 2018
Filed under: Jail Misconduct, Jail Specific, Mental Health, Failure to Treat (Mental Illness)
Oregon Jail 'Tortures' Mentally Ill Prisoners by The people who work there are for the most part good people trying to do the best they can,” said Dr. Wil Berry, a psychiatrist who completed a six-month rotation at the Multnomah County Detention Center (MCDC). “However, the product of the system …
Statute of Limitations for Oregon Child Sex Abuse Claims Expires at Age 40, Not 24
Article • March 6, 2018 • from PLN March, 2018
Filed under: Sexual Assault, Limitations, Juveniles
Statute of Limitations for Oregon Child Sex Abuse Claims Expires at Age 40, Not 24 by The Oregon Court of Appeals held in August 2017 that a lower court had improperly determined that civil claims filed by a child sexual abuse victim were time-barred. While the statute of limitations in …
Oregon Court: Dismissals Are “Strikes” While Pending on Appeal
Article • March 6, 2018 • from PLN March, 2018
Filed under: Appeals, Filing Fees
Oregon Court: Dismissals Are “Strikes” While Pending on Appeal by On July 6, 2017, the Oregon Court of Appeals upheld a lower court’s revocation of its filing fee waiver even though prior dismissals it had counted as strikes were still on appeal. Oregon courts may waive or defer a prisoner’s …
$5 Million Settles Jail Detainee’s Death
Article • March 6, 2018 • from PLN March, 2018
Filed under: Failure to Treat, Jail Specific, Wrongful Death
$5 Million Settles Jail Detainee’s Death by Oregon officials have paid $5 mil­­lion to settle claims related to a jail prisoner who died hours after being attacked and denied emergency medical treatment. Jed Hawk Myers, 34, was being held at the Yamhill County jail in McMinnville, Oregon on a probation …
Oregon Parole Board Cannot Postpone Elapsed Release Date
Article • March 6, 2018 • from PLN March, 2018
Filed under: Parole Board Misconduct, Parole
Oregon Parole Board Cannot Postpone Elapsed Release Date by The Oregon Court of Appeals held on February 15, 2017 that the Oregon Parole Board lacked authority to postpone a prisoner’s release date after that date has passed. John Jones murdered a woman on May 30, 1988, when he was 17 …
$50,000 Damage Award Garnished for Restitution Payment
Article • March 6, 2018 • from PLN March, 2018
Filed under: Damages
$50,000 Damage Award Garnished for Restitution Payment by The Oregon Court of Appeals, on June 28, 2017, upheld the garnishment of a prisoner’s $50,000 federal damage award as partial payment of her restitution judgment. In 2009, Sandra Quesnoy was convicted of theft charges in Oregon and sentenced to 18 months …
Oregon v. Ovalle Tena, OR, Opinion, Impermissible character evidence, 2018
Brief • March 1, 2018
Filed under: Fourteenth Amendment, rights, Evidence - Admissibility
Oregon v. Ovalle Tena, OR, Opinion, Impermissible character evidence, 2018 514 March 1, 2018 No. 10 IN THE SUPREME COURT OF THE STATE OF OREGON STATE OF OREGON, Respondent on Review, v. ISRAEL OVALLE TENA, JR., Petitioner on Review. (CC 201304366; CA A154735; SC S064500) On review from the Court …
$450,000 to Prisoner's Estate for Beating Death
Article • February 22, 2018
Filed under: Prison Gangs, Wrongful Death, Failure to Protect (Wrongful Death)
$450,000 to Prisoner's Estate for Beating Death by Mark Wilson by Mark Wilson Oregon prison officials have paid $450,000 to settle state and federal claims that systemic gang violence resulted in a prisoner being murdered in his cell. Officials had previously admitted that staff negligence was a “substantial factor” in …
Neves v. State of Oregon, OR, Complaint, Retaliation, 2018
Brief • February 20, 2018
Filed under: Retaliation
Neves v. State of Oregon, OR, Complaint, Retaliation, 2018 2/20/2018 3:47 PM 18CV05915 1 2 3 4 IN THE CIRCUIT COURT OF THE STATE OF OREGON 5 FOR THE COUNTY OF MARION 6 JOHN NEVES, 7 Case No.: 18CV05915 Plaintiff, COMPLAINT 8 9 10 11 12 13 vs. STATE OF …
State of Oregon v. Villagomez, OR, Opinion, Sentencing for Drug Conviction, 2018
Brief • February 8, 2018
Filed under: Sentencing, Drug Laws/Offenses
State of Oregon v. Villagomez, OR, Opinion, Sentencing for Drug Conviction, 2018 390 February 8, 2018 No. 5 IN THE SUPREME COURT OF THE STATE OF OREGON STATE OF OREGON, Petitioner on Review, v. JOSE ROBERTO FIERRO VILLAGOMEZ, Respondent on Review. (CC 13CR08907; CA A156397; SC S064507) On review from …
ACLU of Oregon v. U.S. Dept of Homeland Security, OR, Complaint, Denial of FOIA Request, 2018
Brief • February 7, 2018
Filed under: Public Records, Freedom of Information Act (FOIA)
ACLU of Oregon v. U.S. Dept of Homeland Security, OR, Complaint, Denial of FOIA Request, 2018 Case 3:18-cv-00247-PK Document 1 Filed 02/07/18 Page 1 of 11 DEREK D. GREEN, OSB #042960 Email: derekgreen@dwt.com ALICIA J. LEDUC, OSB #173963 Email: alicialeduc@dwt.com DAVIS WRIGHT TREMAINE LLP 1300 SW Fifth Avenue, Suite 2400 …
Oregon Juvenile Prisoners Denied Law Libraries, Legal Assistance; Claims Not Heck-Barred
Article • January 31, 2018 • from PLN February, 2018
Filed under: Law Library Access/Adequacy, Juveniles, Juvenile Prisons
Oregon Juvenile Prisoners Denied Law Libraries, Legal Assistance; Claims Not Heck-Barred by On June 5, 2017, an Oregon federal district court refused to dismiss a lawsuit brought by a state prisoner who alleged he was denied access to a law library and legal assistance while confined in a juvenile facility. …
Oregon County Pays $1.1 Million for Death of Detainee Mocked by Guards
Article • January 31, 2018 • from PLN February, 2018
Filed under: Failure to Treat, Guard Brutality/Beatings, Failure to Protect (Wrongful Death), Medical Neglect/Malpractice, Excessive Force (Wrongful Death)
Oregon County Pays $1.1 Million for Death of Detainee Mocked by Guards by "Deschutes County has paid what appears to be the largest settlement or verdict against a governmental entity for jail abuse, neglect or death ever in Oregon,” said attorney Jennifer Coughlin, referring to the $1,025,000 settlement she accepted …
$150,000 in Damages Ordered Paid to Injured Prisoner
Article • December 28, 2017
Filed under: Brain Injury, Failure to Treat, Failure to Protect (General), Mental Health, Failure to Treat (Mental Illness)
$150,000 in Damages Ordered Paid to Injured Prisoner by Christopher Zoukis By Christopher Zoukis The Bureau of Prisons lost a tort claim brought by a prisoner who was attacked by another prisoner in 1991. The plaintiff, Stephen E. Usselman, alleged that he was placed in the special housing unit at …
Oregon Habeas Cognizable to Challenge Florida Confinement Under ICC
Article • December 14, 2017
Filed under: Appeals, Habeas Corpus, Interstate Corrections Compact, Religious Grooming
Oregon Habeas Cognizable to Challenge Florida Confinement Under ICC by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that prisoners incarcerated in other states under the Interstate Corrections Compact (ICC) may challenge the conditions of their confinement in Oregon habeas corpus actions against Oregon prison officials. In …
Oregon v. Schmidtke, OR, Appeal, Pre-Miranda Statements, 2017
Brief • November 30, 2017
Filed under: Appeals/Appellate Jurisdiction, Miranda
Oregon v. Schmidtke, OR, Appeal, Pre-Miranda Statements, 2017 No. 62 November 30, 2017 203 IN THE SUPREME COURT OF THE STATE OF OREGON STATE OF OREGON, Respondent on Review, v. KEITH ALLEN SCHMIDTKE, Petitioner on Review. (CC 14FE0657, 14FE0922; CA A158927 (Control), A158928; SC S065098) En Banc On petition for …
Coos County Sheriff's Office Contract Summary With Correct Care Solutions, LLC, 2017
Publication • November 22, 2017
Filed under: Correct Care Solutions
Coos County Sheriff's Office Contract Summary With Correct Care Solutions, LLC, 2017
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