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Article • June 15, 2011 • from PLN June, 2011
First Circuit Reverses Finding that Sexual Interest in Adolescents Not Disorder Warranting Civil Commitment by Brandon Sample On June 4, 2009, U.S. District Court Judge Joseph L. Tauro ordered the release of a federal prisoner the government had sought to civilly commit as a sexually dangerous person. In ordering the …
Article • May 15, 2011
Requests to BOP by Sentencing Judge not Reviewable on Appeal by Federal criminal defendants may not appeal requests made by district judges to the Bureau of Prisons (BOP), the U.S. Court of Appeals for the Sixth Circuit decided October 26, 2009. Jerry Hebert pled guilty to bank robbery. At his …
Article • May 15, 2011 • from PLN May, 2011
Staff Smuggle Drugs and Porn to Washington Civil Commitment Prisoners by Mark Wilson A Washington Special Commitment Center (SCC) nurse who fell in love with a civilly committed violent sex offender pleaded guilty to smuggling him drugs and homemade pornographic videos; the offender and two other people were charged with …
Sweeping Settlement Covers Medical and Mental Health Care at Wisconsin Women’s Prison by On August 23, 2010, the American Civil Liberties Union (ACLU) and ACLU of Wisconsin filed a settlement agreement in U.S. District Court that will improve medical and mental health care and conditions of confinement for disabled prisoners …
Fifth Circuit: Sex Offender Conditions May be Imposed for Prior Sex Offense by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that a person on parole for a crime that was not a sex offense, but who had completed a sentence for a prior sex offense …
Class Certification Denied in Colorado Jail Mental Health Challenge by Mark Wilson The Tenth Circuit Court of Appeals has affirmed the denial of class-action certification in a lawsuit concerning mental health care at a Colorado jail. Several prisoners at the El Paso County Jail filed suit in federal court in …
Article • May 15, 2011
California Court Holds Subpoenas Ineffective If Factual Basis for Materiality Lacking in Civil Commitment Hearing by Following transfers from the California Supreme Court, the Fourth Appellate District (Div. 3) granted five petitions for writs of prohibition/mandate (consolidated into a single case), finding that the contested subpoenas duces tecum issued by …
Article • May 15, 2011
No Right to Washington Sex Offender Treatment Program Records in Public Records Case by The Washington State Court of Appeals has affirmed a trial court’s order that rejected Monroe Correctional Facility prisoner Ronnie Hick’s claim against the Department of Corrections (DOC) for violations of the Public Records Act (PRA). Hicks …
Article • May 15, 2011
Maricopa County Settles Prisoner Suicide Case for $575,000 by On October 12, 2007, Maricopa County, Arizona settled for $575,000 a lawsuit brought by survivors of a prisoner who committed suicide at the Maricopa County Jail. Stephan Cervantes was booked into the Maricopa County's Madison Street Jail on May 4, 2002. …
Article • May 15, 2011
California Civil Detainee Convicted of Assaulting Guard by California’s Fourth District Court of Appeals has affirmed the conviction for battery upon a custodial officer against a “civil committee.” Following the jury’s verdict, a sentence of eight years was imposed upon “two strikes offender” Jeremy Noel Dooley. Dooley was a civil …
Massachusetts Prisoner Suicides More Than Four Times National Average by Mark Wilson Massachusetts has a relatively low state prison population, with approximately 11,000 prisoners. Yet its annual prisoner suicide rate has topped an alarming 71 suicides per 100,000 prisoners – more than four times the national average of 16 per …
Third Circuit Upholds BOP Early Rule against APA Challenge by On October 26, 2009, the U.S. Court of Appeals for the Third Circuit joined the Eighth Circuit in holding that the Bureau of Prisons (BOP) did not violate the Administrative Procedure Act (APA) in categorically excluding certain offenders from early …
Rashoo et al v. Walker et al, IL, Second Amended Complaint, Medical Negligence, 2011 1:07-cv-01298-MMM # 95 Page 1 of 27 E-FILED Friday, 29 April, 2011 10:56:38 AM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION ) ) ) …
Manuel v. Atkins, DE, Demand for Jury Trial, Injury while Incarcerated, 2011 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE KARL B. MANUEL, SBI NUMBER 00332040 Plaintiff, v. SERGEANT ATKINS, an employee at Sussex Violation of Probation Center (SVOP) 23207 Dupont Boulevard, Georgetown, Delaware 19947 WARDEN WILLIAM OETTEL, an …
Protecting Society or Fooling Ourselves? Research-Based Insights on Sex Offender Policy in the United States by Dr. DJ Williams Dr. DJ Williams and Robbie Jenks, Idaho State University USA “There is always a well-known solution to every human problem—neat, plausible, and wrong.” – H. L. Mencken Since the early 1990s, …
Article • April 15, 2011
California Court of Appeal Invalidates Legislative Amendments to Voter-Approved Drug-Treatment Diversion Initiative by In November 2009, the California Court of Appeal affirmed the judgment of the Superior Court of Alameda County which enjoined enforcement of a legislative enactment, senate Bill 1137, that sought to amend Prop. 36, a voter-approved initiative …
$20,000 Settlement in Oklahoma Nuisance Claim, Prisoner’s Suicide by Oklahoma County, Oklahoma Sheriff John Whetsel and Oklahoma County paid $20,000 to settle a nuisance claim. The settlement came in a lawsuit filed by David Bard and his two minor children. Bard, in his April 11, 2007 complaint alleged that from …
Magistrate’s Recommendations Accepted in Texas Mental Health Case by On May 19, 2009, A U.S. Magistrate Judge filed his recommendations in a complaint brought by Miroslava Rodriguez-Grava (Rodriguez) and Iaias Vasquez Cisneros De Jesus (De Jesus) for their treatment while they were detained at the South Texas Detention Complex (STDC). …
Article • April 15, 2011
Sovereign Immunity Waived in Suicide Suit Under Vermont Tort Claims Act by The Vermont Tort Claims Act (VTCA) waives the sovereign immunity of the state of Vermont in suits challenging a prison’s failure to prevent suicide, the Supreme Court held on April 18, 1996. The estate of Rose Ann LaPlant …
Article • April 15, 2011
Washington Court of Appeals Upholds Civil Commitment’s Conviction for Assault by The Division II Court of Appeals for the State of Washington has affirmed the assault conviction of a civilly committed man. Bob Pugh assaulted a King County Sheriff’s Department officer while he was being escorted from the McNeil Island …
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