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Bid-Rigging, Sex, and Politicians: Welcome to Oklahoma by Brandon Sample A $10 million-a-year contract awarded to the Ada Youth Academy Authority for a new juvenile facility has been put on hold while the Oklahoma Attorney General's Office looks into whether the contract was improperly steered to Ada by an Oklahoma …
Article • March 15, 2013
California: CDCR Releases Latest Recidivism Report by In October 2010, in what California Department of Corrections and Rehabilitation (CDCR) Secretary Matthew Cate billed as the first in a series of annual reports designed to provide new insights to policy-makers and correctional stakeholders with regard to the dynamics of recidivism, CDCR's …
Article • March 15, 2013
7th Circuit Limits Use of FOIA Requests in Case Against Federal EPA by Derek Gilna The Freedom of Information Act, or FOIA, is a valuable tool in piercing the veil of secrecy that often surrounds government investigations and decision making. After Appleton Paper Inc, or API, and other companies were …
Chicago Police Hit with Big Judgment and “Code of Silence” Finding by Derek Gilna Chicago Police have a difficult and dangerous job, but also a heavy responsibility to hold themselves accountable to follow the same laws they are sworn to uphold. In the case of Karolina Obrycka, a diminutive tavern …
Article • March 15, 2013
DC Circuit Affirms Order Denying FOIA FBI Disclosure to Kentucky Prisoner by Derek Gilna The Court of Appeals for the District of Columbia has affirmed the district court denial of the Freedom of Information Act (FOIA) request of prisoner Benny Lee Hodge, who had sought document disclosure from the FBI …
El Paso Prisoner Receives $80,000 Settlement by Derek Gilna Former El Paso County prisoner Brock John Behler received a settlement of $80,000 from El Paso County, Colorado to settle a federal civil rights lawsuit alleging the use of excessive force by former Deputy Dennis Grivois. The 2009 lawsuit, filed in …
Article • March 15, 2013
New Hampshire Supreme Court Reverses Guard’s $2 Million Verdict by The New Hampshire Supreme Court overturned a $2 million award to two prison guards who were fired based on false reports, holding the award exceeds the state law cap. The facts giving rise to the lawsuit came from the April …
Article • March 15, 2013
Court Documents Prove I was Sent to Communication Management Units (CMU) for my Political Speech by Daniel McGowan I currently reside at a halfway house in Brooklyn, serving out the last few months of a seven-year sentence for my role in arsons credited to the Earth Liberation Front (ELF) at …
Article • March 15, 2013
Filed under: News
Newly Installed Florida Prison Chief Sacked by David Reutter by David M. Reutter After campaigning on a theme of reeling in wasteful spending, Rick Scott wasted no time as governor in tapping Edwin Buss as Secretary of the Florida Department of Corrections (FDOC). At the time, Buss was Indiana’s Commissioner …
Article • March 15, 2013
Florence Strip-Search Decision Sends Iowa Case Back to Square One by Derek Gilna The recent decision by the United States Supreme Court in Florence v. Board of Chosen Freeholders of the County of Burlington, 132 S.Ct. 1510 (2012), which held that every detainee, even one held on a non-indictable offense, …
Article • March 15, 2013
Filed under: Searches, Strip Searches
$300,000 Settlement Reached in Iowa Illegal Strip Search Case by A $300,000 settlement was reached in the Iowa case of an illegal strip search conducted upon three high school students. The case began in the first week of the 2009 school year. The three girls, Holleigh Jo Jacobsen, Griffin Ferguson, …
Article • March 15, 2013
Alabama: Deputy Sheriffs Immune from Suit for Damages by The Alabama Supreme Court has held that deputy sheriffs, like sheriffs, are constitutional officers who, by virtue of the doctrine of state immunity, cannot be sued for monetary damages in their individual capacity when the acts that form the basis of …
Sixth Circuit Explores Excessive Force Legal Twilight Zone; Finds Fourth, not Fourteenth Amendment Controlled by Mark Wilson On June 29, 2010, the Sixth Circuit held that a lower correct incorrectly applied the Fourteenth Amendment, rather than the Fourth Amendment to resolve a pre-trial detainee’s excessive force claim. Since the qualified …
Article • March 15, 2013
Dismissal of Pennsylvania Prisoner’s Legal Mail Claim Reversed by The Third Circuit Court of Appeals reversed the grant of summary judgment to officials at Pennsylvania’s State Correctional Institution at Smithfield (SCI) in a civil rights action claiming they engaged in a pattern or practice of opening a prisoner’s legal mail …
Article • March 15, 2013
Iowa Supreme Court Supports Prisoner Suppression Motion by Derek Gilna In a case of first impression, the Iowa Supreme Court has reversed an Iowa Court of Appeals decision denying a "limited statutory right to a custodial in-person consultation with an attorney," and suppressed an operating a motor vehicle while intoxicated …
Article • March 15, 2013
New Jersey Supreme Court Turns Back Constitutional Challenge to the State's Sexually Violent Predator Act by Derek Gilna In an opinion decided November 9, 2010, the New Jersey Supreme Court rejected constitutional challenges to their New Jersey Sexually Violent Predator Act, NJSA. In the case, the court ruled against the …
Article • March 15, 2013
Filed under: Court Access, Filing Fees
Legislature’s Taking of Civil Filing Fee Portion not Unconstitutional Tax by The Florida Supreme Court ruled that legislation that requires portions of civil action filing fees deposited into the state’s general revenue fund does not constitute an unconstitutional tax on litigants. It also found the statutes at issue do not …
Article • March 15, 2013
Eighth Circuit Affirms Post-Verdict Nominal Damages Request by The Eighth Circuit Court of Appeals affirmed a lower court's denial of a post-verdict request to instruct the jury to award nominal damages and a motion to alter or amend the judgment to include nominal damages. Clayton Miller was seen visibly intoxicated, …
Failure to Record Disciplinary Hearing, Allow Adverse Witnesses in Alaskan Prison Disciplinary Hearing Violates Due Process by Matthew Clarke by Matt Clarke On September 2, 2011, the Supreme Court of Alaska held that due process was violated when prison officials failed to record a prisoner's disciplinary hearing or allow him …
Article • March 15, 2013
Ordinary Discovery Rules Apply to Washington PRA Actions; FOIA Reasonableness Standard Governs PRA Searches by The en banc Washington State Supreme Court held that discovery in cases under the Public Records Act (PRA) is the same as in any other civil action. The Neighborhood Alliance of Spokane County (the Alliance), …
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