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Article • May 15, 2010
New York State Jury Awards $10,000 for False Imprisonment by A New York State Jury awarded $10,000 in a lawsuit for false arrest and imprisonment. Rames Polanco was detained by police officers of the city of New York on September 9, 2003, under suspicion of sexually assaulting a 14-year-old girl. …
Article • May 15, 2010
Pierce County, Washington Unlawful Imprisonment Results in $1,000 Settlement by Washington State’s Pierce County Correction Center paid $1,000 to settle a prisoner’s claim for unlawful imprisonment. On January 31, 2002, Mr. Ted D. Harris was arrested and released on bail after he served twenty-two days. Harris was arrested on February …
Article • May 15, 2010
No Liberty Interest in Washington Prisoner's Good-Conduct Time Earning Class by No Liberty Interest in Time Earning Class In a decision filed by Washington State's Supreme Court on October 8, 2009, the Personal Restrain Petition (PRP) of prisoner Jay Pullman, Jr., was denied. He filed the petition alleging DOC officials …
Texas Parolee Challenges His Designation as Sex Offender by On September 3, 2002, Texas parolee Miller Branch, Jr., filed an amended civil rights complaint in federal district court pursuant to 42 U.S.C. § 1983 challenging his designation as a "sex offender" by parole officials and the requirement that he register …
Article • May 15, 2010
7th Circuit Denies Habeas Relief of Illinois Prisoner’s Good-Conduct Revocation by On October 22, 2009, the 7th Circuit affirmed an Illinois district court’s ruling denying habeas corpus relief to state prisoner, Lasard Lucas. During 20 years of incarceration, from 1985 to 2005, Lucas lost more than 12 years of good-conduct …
"Mere Propinquity" Not Sufficient Probable Cause for Search of Home by "Mere Propinquity" Not sufficient Probable Cause for Search of Home On March 22, 2006, a Sheriff’s Deputy was shot and killed while conducting a traffic stop in Bernalillo County, New Mexico. The search for the primary suspect in the …
Article • May 15, 2010
Washington State Settles Wrongful Imprisonment Claim for $5,000 by On November 16, 2006, the State of Washington settled a wrongful imprisonment claim against the Department of Corrections (DOC) for $5,000. Mario Garcia was convicted of burglary and assault and sentenced to 21 months imprisonment and 9-18 months of supervised release. …
Article • May 15, 2010
Deportation Order Not Determinative of SSOSA Sentence in Washington State by The State of Washington Court of Appeals has held that a trial court abused its discretion when it refused to consider a special sex offender sentencing alternative (SSOSA) based on its mistaken belief that it lacked authority to impose …
Article • May 15, 2010
Washington DOC Agrees to Pay $87,000 to Settle False Imprisonment Suit by On April 1, 2008, the Washington Department of Corrections (DOC) agreed to pay $87,000 to a former prisoner who was incarcerated 339 days beyond his lawful release date. On September 7, 2000, Chris Weddle was sentenced for unlawful …
Article • May 15, 2010
Pierce County Washington Unlawful Imprisonment Results in $5,000 Settlement by Washington State’s Pierce County Jail paid $5,000 to settle an unlawful imprisonment claim. On March 14, 1999, Binh Thai Nguyen was arrested in Cowlitz County and booked in the Pierce County Jail. Nguyen was released on March 16, 1999, because …
Pierce County, Washington Pays $2,500 Settlement for Violation of Civil Rights and Missing Vehicle by Washington State’s Pierce County paid $2,500 to settle a claim for violation of civil rights and misplacing a vehicle. For no apparent reason, Officer J. Billings of the Steilacoom Police department activated his emergency police …
Greene v. City of New York, NY, Memo & Order, False Arrest Wrongful Conviction, 2010 Case 1:08-cv-00243-RJD-CLP Document 104 Filed 05/12/10 Page 1 of 12 PageID #: 600 Case 1:08-cv-00243-RJD-CLP Document 104 Filed 05/12/10 Page 2 of 12 PageID #: 601 Case 1:08-cv-00243-RJD-CLP Document 104 Filed 05/12/10 Page 3 of …
Brief • May 6, 2010
Cage v CPD, IL, Complaint, police misconduct wrongful conviction, 2010 Case 1:09-cv-03078 Document 37 Filed 05/06/10 Page 1 of 18 Case 1:09-cv-03078 Document 37 Filed 05/06/10 Page 2 of 18 Case 1:09-cv-03078 Document 37 Filed 05/06/10 Page 3 of 18 Case 1:09-cv-03078 Document 37 Filed 05/06/10 Page 4 of 18 …
Article • April 15, 2010 • from PLN April, 2010
Parole Denials Based Upon Assumptions; Tough Policies Threaten Public Safety at Great Cost by David Reutter by David M. Reutter “Inaccurate assumptions about the impact of longer prison stays on reoffense rates generally, and about the future behavior of people who committed assaultive and sex offenses in particular, have led …
NY DOCS Lacks Authority to Administratively Impose PRS – But State’s Liability Uncertain by Mark Wilson New York prison officials lack the authority to require prisoners to serve Post-Release Supervision (PRS) that was not ordered by the sentencing court, according to the Second Circuit Court of Appeals and the Appellate …
Article • April 15, 2010 • from PLN April, 2010
State of Washington Settles Parolee’s Unlawful Detention Suit for $39,695.10 by In February 2008, the state of Washington entered into a stipulated judgment to settle a lawsuit for damages filed in Pierce County Superior Court by Mark Stephen Rice. In settling the suit, which was filed in June 2007, the …
Article • April 15, 2010 • from PLN April, 2010
Iowa Good Time Statute Violates Ex Post Facto Clause by Brandon Sample A 2005 amendment to Iowa’s good time statute making participation in a sex offender treatment program (SOTP) a prerequisite to earning good time may not be applied to sex offenders convicted before the amendment’s effective date, the Supreme …
Article • April 15, 2010 • from PLN April, 2010
California: Demand for Speedy Trial Applies to Probation Violation Detainers by John Dannenberg by John E. Dannenberg In two rulings in the same case, the California Court of Appeal distinguished the speedy trial rights versus the waiver-of-appearance rights of state prisoners who are facing detainers for probation violations. Although California …
Brief • March 30, 2010
Burnette v. Fahey, VA, Plf Opp Def Motion, Class Action Parole Denial Eligibility, 2010 Case 3:10-cv-00070-REP Document 10 Filed 03/30/10 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION SHARON BURNETTE, et aI., Plaintiffs, v. HELEN F. FAHEY, in her capacity …
Brief • March 30, 2010
Burnette v. Fahey, VA, Plf Memo, parole denial based on original offense, 2010 Case 3: 10-cv-00070-REP Document 10 Filed 03/30/10 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION SHARON BURNETTE, et aI., Plaintiffs, v. HELEN F. FAHEY, in her capacity …
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