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Third Circuit: Prison Disciplinary Hearing Officer Must Examine Potentially Exculpatory Evidence by The Third Circuit held, twice in the same case, that it is a due process violation for a prison hearing officer not to examine documentary evidence that a prisoner charged with a disciplinary infraction believes will exonerate him, …
Second Circuit: SORNA Applies to All Sex Offenders by Mark Wilson The Second Circuit Court of Appeals held that the federal Sex Offender Registration and Notification Act (SORNA) applied upon enactment to sex offenders whose predicate sex offense convictions predate SORNA. The appellate court also held that violation of SORNA’s …
Article • April 15, 2013
Filed under: PLRA, Filing Fees (PLRA)
No More Than 20 Percent Can Be Deducted To Pay Filing Fees by Brandon Sample The provision of the Prison Litigation Reform Act (PLRA) authorizing monthly deductions from a prisoner’s account to satisfy the filing fee in a civil case does not permit prison officials to deduct more than 20 …
Article • April 15, 2013
Heck Does Not Apply to Released Prisoner Seeking Damages for Sentence Miscalculation by Brandon Sample The U.S. Supreme Court's decision in Heck v. Humphrey does not bar a released federal prisoner's false imprisonment claims under the Federal Tort Claims Act (FTCA), the U.S. Court of Appeals for the Eleventh Circuit …
Article • April 15, 2013
Wisconsin Appeals Court Orders Photos Delivered to Prisoner by Michael Rigby On July 22, 2010, the Wisconsin Court of Appeals, District IV, held that three prison employees – sued over their involvement in withholding pictures deemed pornographic by Department of Corrections policy – were entitled to qualified immunity. The court …
Article • April 15, 2013
California: Stanford Report Analyzes Lifer Paroles by In a first-of-its-kind, long-overdue study, the Stanford Criminal Justice Center (SCJC) has examined the parole release process for parole-eligible "life" prisoners in California, now numbering more than 32,000. As of 2010, lifers comprised more than one-fifth of California's prisoner population, a higher percentage …
Article • April 15, 2013
Mississippi Supreme Court Upholds Outgoing Governor's 214 Messy Pardons by Joe Watson Two months of political gamesmanship and blustery media coverage came to an end on March 8 when the Mississippi Supreme Court upheld more than 200 pardons granted by Haley Barbour in his final days as governor. The court …
Article • April 15, 2013
Report Critical of Maine DOC's Medical Contractors by Joe Watson Report Critical of Maine DOC’s Medical Contractors by Joe Watson For nine years, Corizon had a lucrative monopoly on prison healthcare in Maine. But after a November 2011 state agency review cited persistent “deficiencies,” the company appears headed for a …
Article • April 15, 2013
Department of Justice Releases Report on Prison and Jail Deaths 2000-2009 by Matthew Clarke by Matt Clarke The Bureau of Justice Statistics of the U.S. Department of Justice has released a report detailing the deaths of prisoner in U.S. jails and prisons covering the years from 2000 through 2009. The …
Article • April 15, 2013
Minnesota Study Shows Prisoners Receiving Visits Have Lower Recidivism Rates by Matthew Clarke by Matt Clarke A report describing a study by the Minnesota Department of Corrections (DOC) shows that prisoners who receive regular visits while in prison are 13% less likely to commit new felonies and 25% less likely …
Article • April 15, 2013
Kansas Supreme Court Reverses Jail Suicide Summary Judgment by The Kansas Supreme Court unanimously held that jailers were not entitled to summary judgment for failing to prevent a detainee's suicide. Anthony Stapleton was detained in the Shawnee County Adult Detention Center, from October 23, 2002, until his November 29, 2002 …
Article • April 15, 2013
Delaware Supreme Court Reverses Lawyer "Fast One" by Delaware Supreme Court Reverses Lawyer "Fast One" The Supreme Court of Delaware reversed and remanded in July 2012 the lower court’s order denying motion to vacate judgment in a case involving one lawyer’s “manipulation of court processes” to prevail over another lawyer. …
Article • April 15, 2013
Disabled Oregon Detainee's ADA, Retaliation and Deliberate Indifference Claims Go to Jury by An Oregon federal court denied jail officials summary judgment on a disabled prisoner's deliberate indifference, Americans with Disabilities Act (ADA) and retaliation claims. Nathan Deffenbaugh is a wheelchair-bound double amputee below the knees. Most of his fingers …
Dismissal of Massachusetts Prisoner's ADA/RA Claims Reversed by The Massachusetts Supreme Judicial Court reversed the dismissal of a prisoner's claim that prison officials failed to provide reasonable accommodation for his disability. Massachusetts prisoner Paul Shedlock suffers "a constellation of medical problems, including sciatica, degenerative joint disease, and left leg atrophy." …
Article • April 15, 2013
Eighth Circuit Upholds $10,000 Excessive Force Verdict Against University Police by The Eighth Circuit Court of Appeals upheld an excessive force verdict and $10,000 damage award. On January 1, 2005, Charles F. Gill attended a New Year's Eve party at a bar near the University of Minnesota campus. Gill and …
Article • April 15, 2013
Filed under: Mental Health, Suicides
El Salvadorian Hangs Himself in Oregon Jail by A man facing criminal charges in Washington County, Oregon, hanged himself in his cell, according to Washington County Sheriff's Sergeant Bob Ray. El Salvadorian, Mario Alfredo Bautista-Garcia, 28, was arrested on May 15, 2012, after stabbing two men at a Tigard, Oregon, …
Ninth Circuit: Dismissals Not Strikes Until Appeals Final; Interference With Court Access and Retaliation Claims Reversed by The Ninth Circuit Court of Appeals reversed a lower court's dismissal of a pro se prisoner's interference with court access and retaliation claims. The court also held that dismissals do not count as …
Article • April 15, 2013
Kentucky DOC Cannot Alter Time Served Credit by The Kentucky Supreme Court has held that prison officials lack authority to modify presentencing custody credit. Peter Bard was charged with murdering a deputy sheriff in 1993 but the charges were dismissed when he was found incompetent to stand trial. Bard was …
Mom’s E-mail Forces Hawaiian Lawmakers to Tour “Hellhole” Prison by Joe Watson It took one mother of a complaint to get lawmakers in September 2011 to visit a dilapidated prison in Hawaii. Prison officials, however, put on a good show for their guests. The grumblings about Hawaii’s prison conditions are …
Article • April 15, 2013
Filed under: Sentencing, Probation
Fifth Amendment Right Waived, If Not Invoked During Polygraph Test by Pennsylvania parolee David S. Knoble served his sentence for endangering the welfare of a child, conspiring with his wife for her to engage in sexual intercourse with his 14-year old son and then placed on four-year probation. He was …
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