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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 …
First Circuit Upholds $101,750,000 in Damage Awards in FBI Misconduct Case by Matthew Clarke by Matt Clarke On August 27, 2009, the First Circuit Court of Appeals upheld an almost $102 million judgment in a lawsuit filed against the federal government after the FBI helped an informant secure the convictions …
Article • March 15, 2010 • from PLN March, 2010
A Tight Leash: Judges Micromanage Federal Offenders After Release by Brandon Sample The number of people serving terms of supervised release after leaving federal prison is creeping ever closer to 100,000. As judges and probation officers attempt to manage their growing caseloads, more and more judges are imposing supervised release …
Article • March 15, 2010 • from PLN March, 2010
Texas Counties Give Up on Probationer Restitution Centers by Matthew Clarke by Matt Clarke In the 1980s, faced with overcrowded prisons and probationers who often failed to pay their court-ordered fees and fines, some Texas counties came up with what sounded like a good idea: the Probationer Restitution Center (PRC). …
Ninth Circuit Strikes Down BOP Rule Limiting Early Release for RDAP Participants by Brandon Sample Following its recent decision in Arrington v. Daniels, 516 F.3d 1106 (9th Cir. 2008) [PLN, June 2009, p.44], the U.S. Court of Appeals for the Ninth Circuit struck down another federal Bureau of Prisons (BOP) …
Article • March 15, 2010 • from PLN March, 2010
California Enacts Non-Revocable Parole And Increased Credits To Reduce Prison Population by John Dannenberg by John E. Dannenberg In what appears to be the first attempt to comply with federal court orders to reduce California’s prison population, the State Legislature enacted Senate Bill 18, which, effective January 25, 2010, places …
Article • March 15, 2010 • from PLN March, 2010
$3.1 Million Settlement to Wrongly Convicted Massachusetts Prisoner by On July 28, 2009, within weeks of settling a similar wrongful conviction lawsuit that resulted in a $3.4 million payment to the estate of Kenneth Waters, the town of Ayer, Massachusetts agreed to pay $3.1 million to settle a federal complaint …
Article • March 15, 2010 • from PLN March, 2010
Fourth Circuit: Heck Bar Inapplicable to § 1983 False Imprisonment Suit by Fourth Circuit: Heck Bar Inapplicable to § 1983 False Imprisonment Suit The Fourth Circuit Court of Appeals has joined five other circuits in holding that a former prisoner’s § 1983 false imprisonment claim is not barred by the …
Article • March 15, 2010 • from PLN March, 2010
Indiana DOC Directive Limiting Educational Credit to Only One Associate’s Degree Violates Ex Post Facto Clause by Brandon Sample A directive issued by the Indiana Department of Corrections (IDOC) that limits the award of educational sentence credit to only one Associate’s Degree cannot be applied retroactively without running afoul of …
$2.1 Million Awarded in New York Unjust Conviction Claim by On March 16, 2009, a New York Court of Claims awarded $2,093,420 in damages to a man who was wrongfully convicted of sexually assaulting his 4-year-old child. He had spent more than two years in a maximum-security prison. During “an …
Article • March 15, 2010 • from PLN March, 2010
Washington DOC Ordered to Pay $174,000 for False Imprisonment by A Washington state woman has been awarded $174,000 in damages after the Washington Department of Corrections (DOC) miscalculated her sentence, causing her to stay in prison an extra 18 months. Melanie Hinkle was convicted of conspiracy to commit murder in …
Brief • March 3, 2010
Burnette v. Fahey, VA, Complaint, Class Action Parole Denial Eligibility, 2010 ~ IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION SHARON BURNETTE, PAMELA K. BURROUGHS, FRANK CARTER, JR., EDWARD CONQUEST, DONALDW. HOFFMAN, MONTY KING, LARRY MACON, MARVIN MCCLAIN, BENJAMIN PERDUE, JR., HENRY STUMP and …
Free Rent for Some Washington State Parolees by Due to a roughly $9 billion state budget deficit, the Washington State legislature approved a plan to offer 90-day rent subsidies for selected prisoners who are eligible for early release. The program is expected to save taxpayers an estimated $1.5 million over …
Article • February 15, 2010 • from PLN February, 2010
A New Look at a Very Old Subject: The Uniform Collateral Consequences of Conviction Act by Margaret Colgate Love by Margaret Colgate Love1 In the past twenty years, a relentlessly punitive political environment has given rise to a wide-ranging network of collateral penalties and disqualifications that isolate and stigmatize those …
Federal Judge Holds Texas Parole Board Coleman Hearings Unconstitutional by Matthew Clarke by Matt Clarke On August 6, 2009, a federal judge ruled that hearings held by the Texas Board of Pardons and Paroles (BPP) to determine whether onerous sex offender conditions should be imposed on parolees not convicted of …
$6,000 Settlement in Illegal Arrest of Washington State Probationer by The State of Washington paid $6,000 to settle a wrongful imprisonment claim. The claim involved the probation violation arrest of Kenneth Butler. When he reported to the community corrections office on January 23, 2008, as required, he was advised that …
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