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21-Year Veteran Oregon Jail Guard Indicted for Sexual Assault by On February 29, 2012, a longtime Oregon jail guard was charged with sexually abusing a female prisoner in his custody. Eddie James Miller, 59, worked twenty-one years for the Multnomah County Sheriff's Office as a guard at the Inverness Jail …
Fifth Circuit Affirms Dismissal of Case Involving Texas Jail Prisoner’s Suicide by The Fifth Circuit Court of Appeals reluctantly affirmed a lower court's dismissal of a Texas jail suicide case. In April 2004, 23-year old Jamie Whitt was arrested on three misdemeanor charges and lodged in the Stephens County Jail. …
Article • May 15, 2012
Find a Mini-14 Rifle? Oregon Prison Wants it Back! by A lot of crazy things go missing in a prison and nobody ever notices. One would think, however, that someone would have immediately noticed that a semi-automatic .223-caliber Ruger Mini-14 rifle was missing from the prison's arsenal. Apparently not at …
Article • May 15, 2012
Requiring Oregon Prisoners to File Appeals Pro Se Abused Discretion by The Oregon Court of Appeals held that a lower court erred when it refused to appoint substitute counsel and required two prisoners to proceed pro se in state post-conviction relief (PCR) actions. Under Oregon's Post-Conviction Hearings Act, ORS 138.510 …
Article • May 15, 2012
Former Ohio Sheriff Sentenced to One Year of House Arrest for Theft and Ethics Violations by Derek Gilna By Derek Gilna Gerald T. McFaul was Sheriff of Cuyahoga County, Ohio for decades, but the 76-year old Democrat was contrite as he apologized to the people of Cuyahoga County for theft …
Former Puerto Rican Prisoner Wins Release but Loses § 1983 Action by Derek Gilna Former Puerto Rican Prisoner Wins Release but Loses § 1983 Action By Derek Gilna Angel Luis Feliciano-Hernandez, sentenced by a Puerto Rican court in 1981 to a "term of perpetual imprisonment for treatment" for a "record …
Fourth Circuit Reverses Injunction Relating to Publication of Social Security Number on Virginia Land-Transfer Records by Derek Gilna By Derek Gilna The appeal arose from a First Amendment challenge to Virginia's Personal Information Privacy Act, Va. Code Sec. 59.1-442 to 444, part of which prohibits “[i]ntentionally communicat[ing] another individual's social …
Fourth Circuit Reverses Muslim Prisoner Mail Restrictions by The Fourth Circuit Court of Appeals remanded for an evidentiary hearing to determine if Muslim publications were a threat to prison security. Appellant/Plaintiff Richard X. Brown brought before the Fourth Circuit Court of Appeals in October, 1970, his § 1983 claim for …
Article • May 15, 2012
Massachusetts Supreme Court Rules Prison Mail Regulations Vague & Overbroad by Massachusetts Supreme Court Rules Prison Mail Regulations Vague & Overbroad The Supreme Judicial Court of Massachusetts held that a prison policy governing censorship of incoming mail was unconstitutionally vague and overbroad. The court also held that another policy requiring …
Philadelphia Woman Detained 54 Days as Material Witness Settles for $275,000 by The Philadelphia District Attorney's Office paid a witness $255,000 to settle her claims that she was illegally detained for 54 days. Nicole Schneyder was a critical witness against Michael Overby in a 1990 rape and murder. Overby's first …
Article • May 15, 2012
Minnesota District Court Directs BOP to Reconsider Prisoner’s Denial of Halfway House Placement by Derek Gilna By Derek Gilna In a pre-"Second Chance Act" case, Judge Davis of the U.S. District Court, District of Minnesota, has granted prisoner Steven Allen Knish's § 2241 Petition, his motion to alter or amend …
Article • May 15, 2012
New York Attorney Malpractice Nets $250,000 Default Judgment by A New York federal court awarded a $250,000 default judgment against a lawyer who caused the dismissal of a client's case. Charles Robinson retained lawyer Campbell Holder to represent him in a New York state action against his former employer, Metro-North …
Houston, Texas Must Disclose Fatal Police Shooting Records by A Texas federal court granted Plaintiffs' motion to compel discovery filed by the estate of a man who was fatally shot by police. It also denied Defendants' motion for a protective order. Roland Carnaby was shot and killed by two members …
Culture of Abuse Continues at Oregon Mental Hospital Despite Ongoing DOJ Investigation by In June, 2006, the Civil Rights Division of the United States Department of Justice (DOJ) began investigating the Oregon State Hospital (OSH) for patient abuse and deficient care. On November 17, 2010, DOJ officials alerted the state …
Article • May 15, 2012
Filed under: Videotaping, Police
Oregon Conviction for Recording Police Encounter Reversed by The En Banc Oregon Court of Appeals reversed an Oregon man's conviction for using his cellphone to record a conversation with police during a traffic stop. On November 4, 2008, Shane Michael Neff was pulled over by Eugene, Oregon police officer Ou. …
Oregon Cop Guilty of Sexting a Minor by On July 22, 2011, former Salem, Oregon police Officer Raul "Rico" Allen Ramirez, 36, pleaded guilty to official misconduct for sending sexual text messages to an underage female police cadet. In February 2011, the cadet emailed Ramirez, requesting to ride along with …
Article • May 15, 2012
Oregon Cop Sexually Abuses Minor, Gets 10 Years by On August 16, 2011, a former Oregon police officer was sentenced to nearly ten years in prison on thirteen sex crimes. Mark Benton Ashcraft, 38, was a police officer in the small northeastern Oregon town of Athena. That ended, however, when …
Article • May 15, 2012
Oregon Exotic Dancer Sues Police for Excessive Force by An Oregon woman is suing Portland Police in federal court, for excessive force. On August 21, 2009, police were called to a Portland homeless camp, where they found two men bleeding from knife wounds, and exotic dancer Dawn Rae Johnson, delirious, …
California: District Court Awards Attorneys' Fees in Excess of $700,000 Despite Jury Award of Only Nominal Damages to Plaintiff in § 1983 Wrongful Death Suit by California: District Court Awards Attorneys' Fees in Excess of $700,000 Despite Jury Award of Only Nominal Damages to Plaintiff in § 1983 Wrongful Death …
Article • May 15, 2012
California: Federal Judgment in Favor of Police Bars Subsequent State-Court Wrongful Death Action by In May 2009, the California Supreme Court held that a federal-court judgment in favor of the defendants on a civil rights claim brought under 42 U.S.C. § 1983, in which the plaintiffs sought damages for police …
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