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Article • September 15, 2008 • from PLN September, 2008
New Jersey Prisoners’ Jail Escape Leads to Firings and Suicide by Gary Hunter About an hour into his shift on December 15, 2007, Union County, New Jersey jail guard Rudolph Zurick discovered that prisoners Jose Espinosa and Otis Blunt were missing. Zurick immediately took steps to have the jail locked …
Article • September 15, 2008 • from PLN September, 2008
Virginia Felons Notified of Possible Exculpatory DNA Evidence – Eventually by Gary Hunter Virginia Felons Notified of Possible Exculpatory DNA Evidence – Eventually by Gary Hunter On January 9, 2008, Virginia’s state Forensic Science Board (FSB) voted 6 to 5 against notifying convicted defendants that DNA evidence had been discovered …
Article • September 15, 2008 • from PLN September, 2008
Physical, Mental and Substance Abuse Problems Fuel Recidivism by by Gary Hunter In February 2008 the Urban Institute Justice Policy Center issued a report detailing three major factors fueling the high recidivism rate in U.S. prisons. These factors included Physical Health and Reentry, Mental Health and Reentry and Substance Abuse …
Article • August 15, 2008 • from PLN August, 2008
Informant/Hit Man In 20 Murders Released After 12 Years; Paid $20,000 by John Dannenberg by John E. Dannenberg A hit man with 20 cold-blooded murders under his belt, but who turned government informant to expose a dirty FBI agent, was released from a Massachusetts state prison in 2007 after serving …
Spokane Jail Prisoner Murdered in Cell, County Settles Lawsuit for $180,000 by The Spokane County, Washington, Commissioner has agreed to settle a civil rights action prosecuted by the family of a prisoner who was murdered by his cellmates at the Geiger Correction Center (Geiger) in Spokane County for $180,000. In …
Article • August 15, 2008
Wyoming Criminal History Records May Only Be Disseminated to Law Enforcement Agencies for Investigatory Purposes by Upon the request of the Wyoming state Director of the Criminal Identification Division (CID), the state Attorney General (AG) issued Opinion lc. 85-008 explaining to whom and for what purpose the CID could disseminate …
Article • August 15, 2008
Grant of Out-of-Time Appeal in Texas Allows Filing of Motion for New Trial by On January 24, 2007, the Texas Court of Criminal Appeals (CCA) held that, when it grants a habeas petitioner relief in the form of an out-of-time appeal, the defendant may file a motion for new trial …
Article • August 15, 2008
Grant of Out-of-Time Appeal in Texas Allows Filing of Motion for New Trial by On January 24, 2007, the Texas Court of Criminal Appeals (CCA) held that, when it grants a habeas petitioner relief in the form of an out-of-time appeal, the defendant may file a motion for new trial …
Article • August 15, 2008
Delaware Newspaper Entitled to Police Info, Fees by The Supreme Court of Delaware has held that a Superior Court abused it’s discretion by deciding issues in a Delaware Freedom of Information (FOIA) case and applied an incorrect legal standard. The News Journal sought information from the Delaware Criminal Justice Information …
Article • August 15, 2008
Don’t Want Out of Prison? Send Threatening Letters by Two insane prisoners of the South Dakota Penitentiary are facing federal charges for sending threatening letters to a federal judge in Oregon. On June 25, 2007, and July 19, 2007, prisoner Christopher James Austad, 25, mailed threatening communications to federal judge …
Illinois State Prison Guard's Release From DOC For Perjury Regarding Prisoner Beatings Affirmed by Former Illinois Department of Corrections (DOC) guard Frank Moran appealed a court affirmation of his release from employment by the Illinois Civil Service Commission (CSC) for committing grand jury perjury. The judgment was affirmed. Moran lied …
Article • August 15, 2008
Minnesota Commissioner Says "Mug Shots" Are Public Records by Upon request of the attorney for Dakota County, Minnesota, the Commissioner of the Minnesota Department of Administration IPAD (Commissioner) opined as to whether "mug shots" (jail booking photos) are public records for disclosure purposes. In her opinion, the Commissioner considered Minn. …
Author Jack Abbott’s Snitching Cannot Prevent Transfer by On September 23, 1983, the Eighth Circuit court of appeals held that a prisoner who claimed to be in danger for having snitched on other prisoners cannot prevent his own transfer to a prison where he claimed be would be in danger …
California Prison Gang Information Ruled Confidential by Arturo Losoya and Robert Aguirre, California state prisoners, sought discovery in their state court criminal trials of investigatory security files on gang activity. The trial court ordered prison officials to produce the information, and the Department of Corrections (DOC) appealed. On appeal: the …
Kansas Sex Offender Treatment Program Violates Fifth Amendment by The plaintiff was required to complete a sex offender treatment program or suffer impaired ability to earn good time, transfer to maximum custody, and loss of privileges for the review period, which "mirror the consequences imposed for serious disciplinary infractions." The …
Jail Liable for Rape of Women Prisoners; Short Duration of Bad Conditions Okay by The two female plaintiffs were sexually assaulted by a jailer while serving 48-hour sentences for minor offenses. The jailer was subsequently fired and pled guilty to criminal charges as to one plaintiff. At 1307 n. 5: …
Psychiatrists Who Okay Homicidal Cops Return to Duty Not Entitled to Qualified Immunity by A police officer abused the plaintiff. At the time, he had a remarkable record of bizarre and violent misconduct, including holding several police officers hostage with a shotgun after assaulting his wife (after which he was …
$3 in Damages, $1,920 in Costs Awarded to Stabbed, Disabled Prisoner by The plaintiff, a paraplegic, alleged that he was assaulted and stabbed by another prisoner with staff complicity. The jury found that a defendant had conspired to violate the Eighth Amendment and awarded $1.00 nominal, $1.00 compensatory and $1.00 …
Sandin Inapplicable to Pretrial Detainees by Procedural Due Process--Disciplinary Proceedings (920): Sandin does not apply to detainees, who are entitled to procedural due process in disciplinary proceedings. Here there was some evidence because staff said the plaintiff had confessed. Procedural Due Process--Administrative Segregation (921): Placement of an escape risk in …
Firing of Abusive Texas Prison Guards Upheld by The plaintiff correctional officers were fired for misconduct in connection with a use of force. After acquittal in their criminal trials, the prison system refused to restore their jobs. They claimed that the prison system had suppressed exculpatory evidence. Their claims are …
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