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Nevada DOC’s Ban on Male Supervisors at Women’s Prison Invalidated by The Ninth Circuit Court of Appeals invalidated a Nevada prison policy barring male employees from holding certain supervisory positions at a women’s prison. Circuit Judge Marsha S. Berzon delivered the opinion, holding that the ban violated Title VII of …
Article • November 15, 2011
Filed under: Money/Property, Restitution
Restitution Payments through IRFP Not Subject to Judicial Scrutiny by Restitution paid through the Bureau of Prisons’ (BOP) Inmate Financial Responsibility Program (IRFP) is not subject to judicial scrutiny, U.S. District Judge Rodger C. Hunt held December 11, 2007. Mark Young, a federal prisoner, filed a motion with his sentencing …
Article • November 15, 2011
The Ninth Circuit Court of Appeals Upholds Ban on Typewriters in Nevada Prisons by The Ninth Circuit Court of Appeals upheld a district court’s ruling that allows the Nevada Department of Corrections (NDOC) to ban prisoner typewriters. The case arose in December 2006, when Douglas Potter, a Nevada state prisoner, …
Brief • July 19, 2011
Evans v. Inmate Calling Services, NV, Report and Recommendation, Atty Call Monitoring, 2011 Case 3:08-cv-00353-RCJ-VPC Document 222 Filed 07/29/11 Page 1 of 36 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 7 8 9 DONALD YORK EVANS & JOHN WITHEROW ) ) ) Plaintiffs, ) …
No Immunity for Abandonment of Disabled Prisoner by The Nevada Supreme Court, sitting En Banc, held that prison officials are liable for releasing disabled prisoners into conditions where they can’t be cared for. Nevada prisoner George Butler threw rocks at other prisoners in an October 1997 quarrel over a drug …
Article • July 15, 2011
Nevada Supreme Court: Parole Board Hearings Exempt From Open Meetings Law by Matthew Clarke by Matt Clarke On September 20, 2007, the Supreme Court of Nevada held that parole release meetings were exempt from the requirements of the Nevada Open Meetings Law (OML), N.R.S. Chapter 241. John Witherow, a Nevada …
Article • July 15, 2011
Interpreters Allowed in Nevada Small Claims Cases by Mark Wilson By Mark Wilson The Nevada Supreme Court held “that under both its inherent and express powers, a justice court is authorized to” appoint interpreters in small claims cases. In 2004, Hermes Caballero was transported from an Arizona prison to Ely …
Impartial Prison Disciplinary Hearing Officials Required in Nevada by Matthew Clarke By Matt Clarke On February 9, 2009, a Nevada state court restored the statutory good conduct time lost by a prisoner in a disciplinary proceeding in which the presiding official was biased. Brian Eugene Lepley, a Nevada state prisoner, …
Article • March 15, 2011 • from PLN March, 2011
Nevada Agrees to Settle Class Action Lawsuit Over Medical Treatment at Ely State Prison by In July 2010, Nevada officials agreed to settle a federal class action lawsuit filed by the ACLU pursuant to 42 U.S.C. § 1983 that alleged constitutionally inadequate medical care at Ely State Prison. The ACLU …
Article • March 15, 2011
Ninth Circuit: Forcible DNA Extraction Violates Fourth Amendment by The Ninth Circuit Court of Appeals held that a detective’s forcible taking of a DNA sample at the request of a prosecutor violated a detainee’s clearly established Fourth Amendment rights, barring qualified immunity. Clark County Deputy District Attorney Elissa Luzaich wanted …
Brief • October 28, 2010
Riker v. Gibbons, NV, Order Approving Settlement, Medical Conditions, 2010 Case 3:08-cv-00115-LRH-VPC Document 174 Filed 10/28/10 Page 1 of 15 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 DAVID RIKER, et al., 10 Plaintiffs, 11 vs. 12 JAMES GIBBONS, et al., 13 …
Brief • October 14, 2010
Riker v. Gibbons, NV, Memo Supporting Pltffs Motion to Approve Class Action, Medical Treatment, 2010 1 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 3 4 DAVID RIKER, et al., 5 6 7 8 Plaintiffs, v. JAMES GIBBONS, et al., Case No. 3:08-cv-00115-LRH-VPC MEMORANDUM OF POINTS AND AUTHORITIES …
Brief • August 20, 2010
Riker v. Gibbons, NV, Order for Hearing Class Action Medical Conditions, 2010 Case 3:08-cv-00115-LRH-VPC Document 148 Filed 08/02/10 Page 1 of 1 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 DAVID RIKER, et al., 10 Plaintiffs, 11 vs. 12 JAMES GIBBONS, et …
Article • August 15, 2010 • from PLN August, 2010
Aryan Warriors Prison Gang Prosecuted in Nevada by Gary Hunter Nevada prison officials recently had to come to grips with two stark realities. First, for decades their correctional facilities have been a haven for gang-related crime and brutality, and second, the state’s own corrupt prison guards played a role in …
Brief • July 28, 2010
Riker v. Gibbons, NV, Order Granting Joint Mot Class Action Medical Conditions, 2010 Case 3:08-cv-00115-LRH-VPC Document 146 1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 4 5 6 7 Filed 07/28/10 Page 1 of 2 ) ) ) ) ) ) ) ) ) ) ) ) DAVID …
Brief • July 28, 2010
Riker v. Gibbons, NV, Notice of Proposed Class Action Settlement Medical Conditions, 2010 Case 3:08-cv-00115-LRH-VPC Document 147 1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 4 5 6 7 8 9 10 11 12 13 14 Filed 07/28/10 Page 1 of 7 DAVID RIKER et al., v. JAMES …
Brief • July 15, 2010
Riker v. Gibbons, NV, Proposed Order Granting Joint Mots Medical Conditions 2010 Case 3:08-cv-00115-LRH-VPC Document 144-3 1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 4 5 6 7 Filed 07/15/10 Page 1 of 2 ) ) ) ) ) ) ) ) ) ) ) ) DAVID RIKER …
Brief • July 15, 2010
Riker v. Gibbons, NV, Settlement Agrement, Class Action Medical Conditions, 2010 Case 3:08-cv-00115-LRH-VPC Document 144 1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 4 5 6 7 Filed 07/15/10 Page 1 of 3 ) ) ) ) ) ) ) ) ) ) ) DAVID RIKER et al., …
Article • June 15, 2010 • from PLN June, 2010
Ninth Circuit: Race-Based Prison Lockdowns Must Satisfy Strict-Scrutiny Standard by In a ruling with potentially wide-ranging implications, the Ninth Circuit held that race-based prison lockdowns fail to meet the strict-scrutiny standard announced by the U.S. Supreme Court in Johnson v. California, 543 U.S. 499, 505-07 (2005) [PLN, July 2005, p.22], …
Brief • March 31, 2010
Jones v. McDaniel, NV, Civil Judgment Form, 2010.pdf Case 3:05-cv-00278-RAM Document 255 Filed 03/31/10 Page 1 of 1 '"-RED OEPVeV ON couN?::.: r.iV.'.cs ofrecord AO450(Rev 01/09) Judgmenlin a Civil Action United StatesDisracrCoUi^'jf ^, for the District ofNevada CLERK U3 DISTRICT COURT By:_ _ district of NEVADA DEPUTY CHRISTOPHER A. JONES …
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