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Article • August 15, 2013
Ninth Circuit Enjoins Arizona’s Race-Based Traffic Stops by In September, 2012, the Ninth Circuit affirmed a district court’s December 2011 order granting preliminary injunctive relief to a class of “Latino persons” who contended that Maricopa County (Arizona) Sheriff’s Department officials were conducting racially discriminatory traffic stops under the pretext of …
Article • August 15, 2013
Ninth Circuit Finds “Two-Step” Interrogation Requires Suppression of Confession in Drug Conviction by The Ninth Circuit Court of Appeals found FBI agents improperly engaged in a “two-step interrogation,” requiring reversal of a drug conviction based upon the confession that was the fruit of that interrogation. Michael D. Barnes became the …
Ninth Circuit Reverses Denial of RFRA DNA Challenge by The Ninth Circuit Court of Appeals held that a lower court erroneously held that an offender’s belief that he can’t give blood was not a religious belief. After pleading guilty to federal charges in California, Gregory Zimmerman was compelled to provide …
Ninth Circuit Upholds BOP Boot Camp Termination by The Ninth Circuit Court of Appeals held that the federal Bureau of Prisons (BOP) did not violate the Administrative Procedures Act (APA) or a prisoner’s constitutional rights when it terminated its boot camp program. Congress passed a law in 1990, authorizing BOP …
Ninth Circuit Vacates Plethysmograph & Medication Conditions by Ninth Circuit Vacates Plethysmograph & Medication Conditions The Ninth Circuit Court of Appeals held that a lower court should have articulated findings supporting special conditions of supervised release requiring a sex offender to submit to plethysmograph testing and medication. In September 2003, …
Article • August 15, 2013
NY FOIL Requires Disclosure of Teacher’s Negotiated Guilty Plea in Disciplinary Action by An unidentified teacher was taken before the New York State Board of Education on unspecified disciplinary charges. The teacher negotiated a guilty plea. An unidentified petitioner filed a motion to compel disclosure of the pertinent documents in …
NY Prison Disciplinary Hearing that Doesn’t Consider Insane Prisoner’s Mental Health Held Invalid by Leon Reed, a New York state prisoner, stabbed another prisoner to death in September of 1976 at the Gaveen Haven Correctional Facility. He was found not guilty of murder in state court by reason of insanity. …
Article • August 15, 2013
NY Prisoner’s Disciplinary Hearing Upheld Against Timeliness and Sufficiency of Evidence Challenges by On October 27, 1991, Michael Colantonio, a New York state prisoner, was found bleeding from a cut on his arm. On November 6, 1991, after a short stay at a special observation unit, Colantino admitted cutting himself …
NY Prisoner’s Sanction for Not Providing Urine Sample for Drug Screening Affirmed by Camilo Infante, a New York state prisoner, failed to provide a urine sample within three hours of a guard’s order to do so for purposes of drug screening. He claimed at his disciplinary hearing that a groin …
Article • August 15, 2013
ODOC to Taser Prisoners by Tasers are coming to the Oregon Department of Corrections (ODOC), and deaths are sure to follow. ODOC amended its “use of force” rules to authorize the use of fifty-thousand-volt electric stun guns, commonly known as Tasers, and other shock devices on prisoners. Nearly one hundred …
Article • August 15, 2013
Oklahoma Guard Acquitted in Prisoner’s Death by An Oklahoma federal jury acquitted a jail guard of violating a prisoner’s civil rights. The charges came from an incident at the Oklahoma County Jail, which resulted in the prisoner’s death. Christopher Beckman, 34, died in a hospital on May 28, 2007. That …
Article • August 15, 2013
PA Cop’s Settlement Agreement in Termination Proceedings Exempt from Disclosure by Jeffrey Cooperstein, a cop in Pittsburgh, Pennsylvania, was fired for misconduct. Cooperstein and the city disposed of some of the issues in a settlement agreement. Timothy McNulty, a reporter for the Pittsburgh Post-Gazette, asked the city for a copy …
Article • August 15, 2013
Bureaucracy Errors that Result in Overdetention Not Deliberate Indifference by The Eleventh Circuit Court of Appeals has held that the overdetention of two prisoners was not due to deliberate indifference on the part of officials at Alabama’s Mobile County Jail. The Court’s ruling affirmed the grant of summary judgment to …
Article • August 15, 2013
California: City Not Liable for Police Officer’s Sexual Assaults on Minor by In January, 2013, the California Court of Appeal held that a statute providing that a “mandated reporter” reporting suspected child abuse to specified agencies cannot be constitutionally construed to require a mandated reporter to report his or her …
Article • August 15, 2013
California: Court Upholds Governor’s Authority to Contract with Out-of-State Private Prisons during Prison Overcrowding State of Emergency by The California Court of Appeal held in 2008 that Governor Schwarzenegger did not exceed his authority when, after invoking the Emergency Services Act (Gov. Code § 8550 et seq.) to issue a …
Article • August 15, 2013
California: Joint Pre-Trial Settlement Offer Valid in Wrongful Death Actions by In March, 2013, the California Court of Appeal affirmed the trial court’s award of expert witness fees to the prevailing party in a wrongful death suit. After Steven McDaniel was killed in a multiple vehicle accident, his wife and …
Article • August 15, 2013
Filed under: Medical, Hernias
California: Sacramento County Settles Medical Suit for $2,000 by In June 2008, Roy Long received $2,000 to settle a suit he had filed against Sacramento County and Placer County in 2002, alleging that, over a period of 15 months, jail officials in both counties had been deliberately indifferent to his …
Article • August 15, 2013
City of Chicago Sanctioned for Obstructing Discovery in Case of Wrongful Murder Prosecution by In October 2012, the City of Chicago was sanctioned for obstructing the discovery process in a case alleging that city police officials unconstitutionally brought a murder prosecution against a man they had reason to believe was …
Article • August 15, 2013
City of Los Angeles Settles Suit with ACLU over Policing Practices on Skid Row by A lawsuit over policing practices in the Skid Row area of downtown Los Angeles was dismissed in February 2009 when the City defendants and the ACLU stipulated to the terms of a Settlement Agreement under …
Article • August 15, 2013
Closure Proper Remedy if Court’s Order Balked by Officials by The First Circuit Court of Appeals has held that a district court has the authority to order a jail or prison closed if its order to correct constitutional violations is not complied with. This civil rights action was brought by …
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