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Montana Supreme Court Reverses Dismissal of Injunctive Action by The Montana Supreme Court reversed a lower court's dismissal of a prisoner's action, finding that his claims were not barred by res judicata. Anthel Brown was sentenced to the Montana State Prison (MSP) on November 8, 1976. He was confined to …
Texas Supreme Court: Sex Offender Civil Commitment Statute Is Constitutional by By Matthew T. Clarke On May 20, 2005, the Supreme Court of Texas (SCT) held that the Texas Civil Commitment of Sexually Violent Predators Act (the Act), Chapter 841, Texas Health and Safety Code, is not punitive and therefore …
Article • May 15, 2007
Seventh Circuit Affirms Dismissal of Blind Prisoner's Failure to Protect Suit by The legally blind plaintiff sued under the ADA and the Constitution, alleging that inter alia the defendants had double celled him with other prisoners who verbally and physically assaulted him and stole from him. His attorney, in a …
Article • May 15, 2007 • from PLN May, 2007
Registration Requirements Expanded to Non-Sex Crimes and Unconvicted Offenses by Matthew Clarke by Matthew T. Clarke Ohio and Illinois have recently expanded the scope of persons required to register with the state as sex offenders to include persons who have never been charged with or convicted of a sex crime. …
Indianapolis’ Sex Offender Ordinance Banning Presence in Public Places with Children Enjoined by Indianapolis' Sex Offender Ordinance Banning Presence in Public Places with Children Enjoined An Indiana federal district court has granted a preliminary injunction to the plaintiffs in an action challenging a City of Indianapolis ordinance that bans sex …
New BOP Program Isolating Muslim, Middle Eastern Prisoners by by Jennifer Van Bergen The US Department of Justice has implemented a secretive new prison program segregating ?high-security-risk? Muslim and Middle Eastern prisoners and tightly restricting their communications with the outside world in apparent violation of federal law, according to documents …
Article • May 15, 2007 • from PLN May, 2007
Record Number of Texas Prison Guards Arrested by Matthew Clarke by Matthew T. Clarke It has often been said that it?s hard to tell the cops from the crooks. In Texas this may be true for prison guards as well. In April 2006, the Texas Department of Criminal Justice (TDCJ) …
Eleventh Circuit Remands ADA and Section 1983 Claims for Amended Complaint by John Dannenberg Eleventh Circuit Remands ADA and § 1983 Claims for Amended Complaint by John E. Dannenberg In two similar cases, the Eleventh Circuit U.S. Court of Appeals issued orders remanding prisoner complaints of Georgia?s violations of Title …
Article • May 15, 2007 • from PLN May, 2007
Prosecutors Check Prospective Jurors’ Background, Hoping to Disqualify Them by Prosecutors Check Prospective Jurors' Background, Hoping to Disqualify Them An Ohio murder case has exposed a new tactic that prosecutors are using to disqualify potential jurors -- the use of a federal criminal records database to run background checks. Timothy …
Article • May 15, 2007 • from PLN May, 2007
California Creates High Risk Sex Offender Task Force by By Executive Order S-6-08 (May 15, 2006), California?s Governor Arnold Schwarzenegger created the High Risk Sex Offender Task Force (HRSOTF). Its job was to advise the Secretary of the California Department of Corrections and Rehabilitation (CDCR) on policy upgrades regarding (1) …
Religious Retaliatory Transfers Unconstitutional by The court of appeals for the Ninth circuit held that Alaska prisoners did not state a claim for relief that they were involuntarily transferred to out of state prisons. This occurred at a time when Alaska had no state prisons of its own, therefore felons …
Article • May 15, 2007
Warden Liable for $25,000 Damage Award in Mail Censorship Suit by The court of appeals for the Eighth circuit affirmed a jury verdict and damage award in favor of a Texas citizen who sued Missouri prison officials for censoring his mail to a Missouri prisoner. Plaintiff was a gay Catholic …
Paraplegic States Claim over Ad-Seg Conditions by Paraplegic States Claim Over Ad-Seg Conditions The court of appeals for the Fifth circuit affirmed in part, reversed and remanded in part, numerous claims made by a paraplegic Texas state prisoner in administrative segregation. Prior panel rulings in this case are reported at …
Article • May 15, 2007
Elimination of Boxing Program for Racial Bias States Claim by The court of appeals for the Eighth circuit held that a district court erred when it dismissed a Nebraska prisoner's lawsuit claiming that a prison boxing program was eliminated by prison officials out of racial animus because most of the …
Article • May 15, 2007
Ban on Gay Publications Upheld by The court of appeals for the Sixth circuit upheld a Kentucky prison policy that banned gay publications. This ruling conflicts with decisions by other circuits that have struck down bans on gay publications. See: Espinoza v. Wilson, 814 F.2d 1093 (6th Cir. 1987).
Article • May 15, 2007
Supreme Court Holds Racial Segregation Illegal by The United States Supreme Court affirmed a ruling by a three judge district court that held the racial segregation of prisoners in Alabama violates the Fourteenth amendment. See: Lee v. Washington, 390 U.S. 333, 88 S.Ct. 994, 19 LE.2d 1212 (1968).
Race Discrimination in Seg Placement and Parole Denial States Claim by The court of appeals for the Fifth circuit held that a district court erred in dismissing an Alabama prisoner's claim that he was placed in indefinite administrative segregation and denied parole due to being black and filing lawsuits. Case …
Article • May 15, 2007
Visitation Denial Based on Race States Claim by The court of appeals for the Third circuit held that a district court erred when it dismissed as frivolous a Pennsylvania prisoner's lawsuit claiming he was denied visits solely because of his race. See: Thomas v. Brierly, 481 F.2d 660 (3rd Cir. …
Article • May 15, 2007
Denial of Visits Based on Race States Claim by The court of appeals for the Fifth circuit held that a district court erred in dismissing an Alabama prisoner's lawsuit that he was denied visits solely because he was black. Case was vacated and remanded for further proceedings. Not a ruling …
Article • May 15, 2007
BOP Ad-Seg Conditions on Political Prisoner Limited by Rita Brown was a member of the George Jackson Brigade (GJB), a Marxist urban guerrilla group that was active in the Pacific Northwest in the late 1970's and early 1098's. The group carried out bombings and bank robberies. Brown was imprisoned in …
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