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Article • May 15, 2007
Body Cavity Searches Reasonable and Unreasonable by The 5th Circuit Court of Appeals has held that prisoners retain some degree of Fourth Amendment rights and that the government must justify the reasonableness, and in some cases give notice, before conducting body cavity searches on prisoners. Body cavity searches were performed …
California Granted Immunity in Parolee Wrongful Death Suit by George Martinez filed a lawsuit in the Superior Court of San Diego County against the Department of Corrections (DOC) and the State of California (defendants) for the wrongful death of his daughter, Mary Ellen Martinez, who was kidnapped and murdered by …
Article • May 15, 2007
Filed under: Crime/Demographics, Escapes
Escape Statute Encompasses Man's Departure From Courtroom Over Judge's Orders by Escape Statute Encompasses Man's Departure From Courtroom Over Judge's Orders The Court of Appeals of Kansas held that a man who left the courtroom after a judge informed him he was in custody was in violation of the state's …
New Mexico Jail Settles Escapee Murder Suit For $750,000.00 by In 2002, the Taos County Detention Center (TCDC) in New Mexico paid $750,000.00 to settle a law suit filed by George Weiss, the father of Jonathan Weiss. George Weiss claimed that the TCDC officials caused the death of his son, …
California Appellate Court Reinstates Murder Conviction For Dog Mauling Death by California Appellate Court Reinstates Murder Conviction For Dog Mauling Death In an unprecedented ruling, a divided California Court of Appeal (First Appellate District) reinstated the second degree murder conviction of Marjorie Knoller for the killing of a neighbor by …
Article • May 15, 2007
No Per Se Application of Fugitive From Justice Rule by The U.S. Court of Appeals for the Eighth Circuit held that the "fugitive from justice rule" should not be applied in a per se manner in civil cases. James Perko, a Missouri state prisoner, brought a § 1983 action against …
Sixth Circuit: United States Not Liable in Prisoner's Murder by On February 26, 2004 the U.S. Sixth Circuit Court of Appeals held that the United States was immune, pursuant to the "discretionary function exemption" of the Federal Tort Claims Act (FTCA), from liability in a lawsuit brought by the family …
Two Wrongfully Imprisoned Michigan Men Receive $2.75 Million Partial Settlement by Two Wrongfully Imprisoned Michigan Men Receive $2.75 Million Partial Settlement On November 2, 2001 two Michigan men who were wrongfully imprisoned for eight years before their convictions were overturned reached a $2.75 million partial settlement with the prosecuting county. …
Article • May 15, 2007
Montana Supreme Court Upholds Jury Verdict in Death Action by In this case involving an escaped teenage prisoner who shot and killed another boy, the Montana Supreme Court upheld a jury's verdict in favor of the state. Originally committed to the Pine Hills youth prison as a serious juvenile offender, …
Article • May 15, 2007
Supervision Not Required for Failure to Obtain Leave to Take Prisoner's Deposition by Supervision Not Required for Failure to Obtain Leave to Take Prisoner's Deposition The Sixth Circuit Court of Appeals has held that the failure to request and receive court permission to take a prisoner's deposition in a civil …
Article • May 15, 2007
Filed under: Crime, Mental Health
California: Prison Drug Law Applies to State Mental Hospital by On February 17, 2004 a California Court of Appeal held that a state law prohibiting the possession of illicit drugs in institutions where prisoners are held applied to a state mental hospital. Atascadero State Hospital (ASH) is one of four …
Missouri Supreme Court Allows Actual Innocence Claims in Death Penalty Habeas by By Matthew T. Clarke In a case of first impression, the Supreme Court of Missouri (SCM) has held that a death-sentenced prisoner may raise a freestanding claim of actual innocence in a state habeas petition. Joseph Amrine, formerly …
Article • May 15, 2007
Alaska Pays Victims of Prisoner-Orchestrated Mail Bomb $2.6 Million by Following a verdict for the plaintiffs in December 1995, the State of Alaska agreed to settle with the victims of a prisoner-orchestrated mail bomb for $2.6 million. On September 17, 1991, plaintiffs, the father and stepmother of a witness who …
Some Evidence Required In "Some Evidence" Standard by Bob Williams Some Evidence Required In "Some Evidence" Standard by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed a prison disciplinary conviction for failure to meet the some evidence" standard. New Mexico state prisoner Peter Aquiar …
Daughters Of Woman Killed By Furloughed Indiana Prisoner Settle For $900,000 by Two daughters who witnessed their mother's murder by a furloughed Indiana prisoner settled their claim against the state for $900,000. The woman's attacker, her ex-husband, had been imprisoned by the state for crimes against her and the couple's …
Article • May 15, 2007
Prisoner Convicted of Self-Inflicted Gunshot Wound by Georgia's Fourth Division Court of Appeals has confirmed a conviction against Deiante Walton for possession of a weapon and criminal use of a firearm with an altered identification number. While detained at Georgia's Wilkes County Jail, Walton conceived a plan he hoped would …
Article • May 15, 2007
Several Necessary Components Of Involuntary Servitude by The U.S. Court of Appeals for the Sixth Circuit held that several factors were necessary to create a state of "involuntary servitude" and that expert testimony had not been shown to be scientifically-recognized. After two mentally retarded men were found laboring on a …
Article • May 15, 2007
Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed by The U.S. Third Circuit Court of Appeals in a consolidated review of five cases, upheld the sentences and conditions of probation for five persons convicted of disobeying a park ranger's order, but reversed a special assessment levied by the trial court. …
Article • May 15, 2007
Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed by Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed The U.S. Third Circuit Court of Appeals in a consolidated review of five cases, upheld the sentences and conditions of probation for five persons convicted of disobeying a park ranger's order, but reversed …
Court Approves Continued Pennsylvania Prisoner's Segregation Beyond 21 Years by The Third Circuit Court of Appeals has held that despite 21 years in solitary confinement, Pennsylvania prisoner Daniel Delker has received all the process he is due and prison officials may continue to confine him. Delker has been kept in …
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