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Article • May 15, 2007
Special Condition of Registering with State Sex Offender Agency Mandatory for Federal Sex Offender by Special Condition of Registering with State Sex Offender Agency Mandatory for Federal Sex Offender The Eleventh Circuit Court of Appeals held a district court properly imposed a special condition of supervised release that required a …
Article • May 15, 2007
$345,000 Awarded To Gay California Prison Guard For Sexual Orientation Harassment And Discrimination by $345,000 Awarded To Gay California Prison Guard For Sexual Orientation Harassment And Discrimination A gay California prison guard sued the California Department of Corrections (CDC) for on-the-job sexual orientation discrimination and harassment he had suffered at …
Article • May 15, 2007
Order Halting Sex Offender Registration Reversed by The Colorado Court of Appeals has reversed a district court's order that allowed a sex offender to stop registering. A former state juvenile probationer, C.C.V., petitioned a state district court to discontinue his duty to register as a sex offender two years after …
Article • May 15, 2007
Paraplegic Granted Injunction Requiring Proper Medical Treatment by A Kansas federal district court granted a prisoner at the Kansas State Penitentiary a preliminary injunction requiring prison officials to provide him with proper medical treatment. The prisoner was confined at the Wyandotte County Jail, when a guard appeared and without warning …
Article • May 15, 2007
Paraplegic Prisoner's Medical Neglect Claim Upheld on Appeal by The U.S. Court of Appeals for the Sixth Circuit affirmed the judgment of the U.S. District Court, Western District of Tennessee, in a lawsuit filed by Larry M. Leach, a paraplegic prisoner. Leach sued the Mayor and Sheriff of Shelby County …
Public Defender's Party Association Protected Activity by The U.S. Supreme Court has held that a public defender who is satisfactorily performing his job may not be terminated based upon political party affiliation. This action was brought by two assistant public defenders in Rockland County, New York who were issued termination …
Article • May 15, 2007
Racial Segregation in Kansas Jail Unconstitutional by The Tenth Circuit Court of Appeals held that racial segregation of prisoners at Kansas' Wyandotte County Jail was unconstitutional. The District Court found "assignment to one of the two tanks [an East tank and a West tank] is made upon a racial basis, …
Article • May 15, 2007
Racial Segregation in Nebraska Prison Unconstitutional by The Eighth Circuit Court of Appeals held that racial segregation at the Nebraska Penal and Correctional Complex was unconstitutional. All facilities at the prison were integrated but one. That cell block housed 50 prisoners who objected to living with or housing with blacks. …
Review Board Required for Minnesota Sex Offender Treatment Facilities by The Supreme Court of Minnesota held that the Commissioner of the Department of Human Services was required to establish review boards for the state's Sex Offender Program (SOP) treatment facilities. Appellants, sex offenders civilly committed to SOP facilities as sexually …
Article • May 15, 2007
"Absurd" California Child Visiting Regulation Survives Challenge - For The Moment by John Dannenberg "Absurd" California Child Visiting Regulation Survives Challenge - For The Moment by John E. Dannenberg The California Department of Corrections' CCDC) recently announced child visiting regulation 15 CCR § 3173.1, which prohibits any minor from visiting …
Injunctive Relief Reversed Due to Lack of Personal Stake by The U.S. Supreme Court reversed a judgment granting injunctive relief in a §1983 action against Philadelphia police. Respondents brought a §1983 action against Philadelphia officials, including the Mayor and the Police Commissioner, alleging a pervasive pattern of illegal and unconstitutional …
Article • May 15, 2007
Massachusetts: Fact Issues Regarding Gender-Based Punitive Segregation Preclude Summary Judgment by Massachusetts: Fact Issues Regarding Gender-Based Punitive Segregation Preclude Summary Judgment In this case brought by a state prisoner challenging the application of rules governing the Department Disciplinary Unit (DDU), the Appeals Court of Massachusetts held that material fact issues …
Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction by Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction The U.S. Ninth Circuit Court of Appeals affirmed a contested permanent injunction issued by the U.S. District Court, Northern District of California, against the California Department of Corrections (CDC), to remedy …
Qualified Immunity Denied In Use Of 5-Point Restraint by A Federal District Court in Virginia has held that prison officials are not entitled to qualified immunity on excessive force, racial discrimination, and due process claims rising from use of 5-point restraints. Trini Davis, a prisoner at Wallens Ridge State Prison …
Federal Prisoner's Retaliation Claims Survive Summary Judgment by John Dannenberg by John E. Dannenberg A Bureau of Prisons (BOP) prisoner who had testified for the government and against co-defendants, prison guards and other prisoners, found himself in the line of fire of numerous retaliatory actions by prison staff. His Bivens …
Article • May 15, 2007
Heightened Security Measures For Indicted Prison Gang Member Warranted by A U.S. district court held that heightened security measures placed on an alleged prison gang member were warranted. While a Utah state prisoner, Miguel Flores was indicted for a number of violations of the Racketeer influenced and Corrupt Organizations Act …
Article • May 15, 2007
No Equal Protection Violation For Sex/Non-Sex Offense Parole Periods by Colorado Department of Corrections prisoner John Harper filed a post-conviction motion claiming an equal protection violation for imposing an additional period of mandatory parole for a non-sex offense, while those convicted of sex offenses committed prior to July 1, 2002, …
Class Claims Must Be "Fairly Encompassed" By Named Plaintiff's Claims by Class Claims Must Be "Fairly Encompassed" By Named Plaintiff's Claims The U.S. Supreme court held that a Mexican-American who filed suit under the Civil Rights Act claiming he was passed over for promotion because of his national origin could …
Allegation Of Interference With Grievance Completion Precludes Summary Judgment by The United States District Court for the Western District of New York held that a prisoner had not exhausted his administrative remedies pursuant to the Prison Litigation Reform Act of 1995 (PLRA) in one claim and that issues of fact …
Kansas SVP Verdict Dismissed for Untimely Trial by The Kansas Supreme Court held that failure to try a person alleged to be a sexually violent predator ("SVP") within the statutorily prescribed time period divests the trial court of jurisdiction over the SVP petition, requiring dismissal with prejudice. In April 2000, …
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