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Article • January 15, 2009 • from PLN January, 2009
Ohio Jail Guard’s Excessive Force Conviction Affirmed by The Sixth Circuit Court of Appeals has affirmed a former jail guard’s criminal convictions for using excessive force on three prisoners. Michael J. Budd, once second-in-command of the Mahoning County, Ohio Sheriff’s Department, was charged in a four-count indictment with subjecting prisoners …
Former New Hampshire Deputy Forced Non Compensated Labor On Prisoners by Bob Williams By: Bob Williams Portsmouth, New Hampshire former deputy sheriff Matthew Ejma received 200 hours of community service and a $2,500 fine after using Portsmouth Jail work release prisoners for his personal gain. The prisoners were never compensated …
Illinois War Veteran Awarded Over $2 Million For Malicious Prosecution by Illinois resident and retired Marine Timothy Finwall brought a 42 U.S.C. § 1983 action against the City of Chicago, two of its detectives and resident Mary Boswell for illegal, unethical and malicious prosecution. He was framed in 2001 for …
California: Arrestee Not Guilty of “Bringing” Drugs into Jail by by John E. Dannenberg The California Court of Appeal has reversed the conviction of a Kings County man who was convicted of “bringing drugs into a jail” in violation of Penal Code § 4573, when the act of “bringing” was …
Article • January 15, 2009
Oregon DNA Law Not Unreasonable Search and Seizure by Oregon’s highest court has held that the state’s DNA law does not violate state or federal constitutional prohibitions against unreasonable searches and seizures. In 2003, Travis Sanders was convicted of a felony and sentenced to an 18-month term of probation. Pursuant …
Un-Mirandized Oregon Prison Disciplinary Statements Suppressed; Syringe is a “Weapon” Under Oregon Law by The Oregon Court of Appeals has held that incriminating statements in prison disciplinary hearings cannot be used against prisoners in subsequent criminal proceedings if Miranda warnings are not given. In September 2003, a prisoner was murdered …
New Jersey Police's Negligent Duty Performance Induces City Liability by New Jersey resident Shana Massachi, estate administratrix for Sohayla Massachi, appealed her state tort suit dismissal after inadequate police procedures allegedly resulted in Sohayla's death. The dismissal was reversed because statutory immunity does not apply to negligently preformed ministerial duties …
Washington DOC Denied Qualified Immunity In Prisoner Beating by The Washington State Department of Corrections (DOC) motioned for summary judgment dismissal in a 42 U.S.C. § 1983 action brought by a state prisoner who was beaten at the Clallam Bay Corrections Center (CBCC) in 2002. The motion was granted in …
California Ex Deputy Sheriff's Incriminating Statements Not Protected Under POBRA by Ventura County (California) and it's sheriff's department (County) appealed an injunction preventing their use of statements made by ex deputy Michael Van Winkle who was under investigation for criminal activity. Van Winkle asserted that his statements were protected under …
California Police Officer's Disciplinary Records Ordered Produced In Excessive Force Case by The San Diego (California) Police Department (SDPD) sought review of an appellate court order to produce derivative information, discovered in an earlier case, regarding a police officer accused of using excessive force. The order was affirmed. Tariq Chambers …
Article • January 15, 2009
California Prisoner's Misdemeanor Battery Charge Statutorily Enhanced To Felony by The California Supreme Court determined whether a state hospital prisoner was subject to felony charges under § 2684 for attacking a non confined person. Joey Watson was found to be statutorily subject to felony charges. Watson was transferred to the …
Criminal Suspect Policeman's Photo And Address Not Protected From Press by A Michigan State Policeman's wife, Dorothy Bailey, appealed her 42 U.S.C. § 1983 dismissal after Port Huron Police Department personnel revealed her and her husband's personal information to the press. The dismissal was affirmed. Bailey and her inebriated husband, …
Use of Questionable “Lie Detectors" by Law Enforcement Expands Nationwide by Matthew Clarke Use of Questionable “Lie Detectors” by Law Enforcement Expands Nationwide by Matt Clarke In the aftermath of the Sept. 11, 2001 terrorist attacks, law enforcement and other government agencies implemented new practices to obtain information from suspects …
Article • December 15, 2008 • from PLN December, 2008
StopMax: The Fight Against Supermax Prisons Heats Up by Jessica Pupovac “When I left Angola,” says Robert King Wilkerson, who spent 29 years in solitary confinement in Louisiana’s notorious Angola State Penitentiary for a crime he was later found innocent of, “I said, ‘I may be free of Angola, but …
Texas: $232,000 Settlement, $82,000 Award in Prison Employees' Discrimination Suits by In 2003 and 2004, plaintiffs in two separate lawsuits prevailed on their claims of racial discrimination against the Texas Department of Criminal Justice (TDCJ). In the most recent lawsuit, four auditors in the Community Justice Assistance Division of TDCJ …
Article • December 15, 2008 • from PLN December, 2008
Prison Population Continues Exponential Growth by David Reutter by David M. Reutter Two reports by the Department of Justice‘s Bureau of Justice Statistics examined the growth rate of America’s jails and prisons, which are burgeoning at a yearly pace of 2%. That growth resulted in an all-time record of 2.3 …
Article • December 15, 2008 • from PLN December, 2008
Sexual Abuse and Violence in Texas Prisons Eclipses National Average by Gary Hunter Citing figures issued by the Bureau of Justice Statistics (BJS) a preliminary report by the Stop Prisoner Rape (SPR) initiative shows that Texas has five of the nation’s ten worst prisons for reported sexual violence. [SPR has …
New Jersey Fires 52 Prison Guards in 2007 by Gary Hunter Guards in New Jersey prisons have been found guilty of everything from smuggling drugs and cell phones to simply failing to show up for work. From 2005 to 2007, the New Jersey Department of Corrections (DOC) had to fire …
Article • December 15, 2008 • from PLN December, 2008
GEO Group Consultant Civilly Charged With Insider Trading by The Securities and Exchange Commission (SEC) has filed a civil action that alleges a consultant for private prisoner operator the GEO Group used information obtained through his contracts to engage in insider trading. Zachariah P. Zachariah, a prominent cardiologist and Republican …
Florida Jail Supervisors Investigated in Fraudulent Overtime Scheme by Florida Jail Supervisors Investigated in Fraudulent Overtime Scheme An investigation at Florida’s West Palm Beach County Jail has revealed that top-ranked officials used their positions to obtain fraudulent overtime payments. What started as an internal investigation into a deputy’s complaint has …
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