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Article • April 15, 2011
Annual Arizona Segregation Reviews Inadequate, Case Remanded by On November 19, 2009, the U.S. Court of Appeals for the Ninth Circuit reversed and remanded a suit by a prisoner challenging the frequency of segregation reviews he was receiving. Edward Hernandez sued the Arizona Department of Corrections (ADC), claiming that its …
Protecting Society or Fooling Ourselves? Research-Based Insights on Sex Offender Policy in the United States by Dr. DJ Williams Dr. DJ Williams and Robbie Jenks, Idaho State University USA “There is always a well-known solution to every human problem—neat, plausible, and wrong.” – H. L. Mencken Since the early 1990s, …
Article • April 15, 2011
Second Circuit Reverses Summary Judgment for Connecticut Prisoner Allegedly Misclassified as a Sex Offender by The U.S. Court of Appeals for the Second Circuit has reversed a grant of summary judgment for a Connecticut prisoner who had alleged that he was misclassified as a sex offender. Joe Vega sued Connecticut …
Hurricane Rita FTCA Action Dismissed by On September 22, 2009, a federal court in Texas dismissed a Federal Tort Claims Act (FTCA) action brought by one attorney on behalf of more than 400 prisoners who were injured during Hurricane Rita. The plaintiffs were all incarcerated at the U.S. Penitentiary in …
Article • April 15, 2011
No Summary Judgment on Mail Delay Claim by A federal court in California has denied prison officials summary judgment on injunctive relief claims as to delayed delivery of prisoner mail. However, the court denied damages as to that claim and granted prison officials summary judgment on several other claims. California …
Death Sentence Affirmed for Florida Prisoner Convicted in Guard’s Death During Botched Escape by David Reutter By David M. Reutter The Florida Supreme Court has affirmed the death sentence of a prisoner convicted in the murder of a guard during a botched prison escape. Stephen Smith and his codefendants, Dwight …
Article • April 15, 2011
All Florida Prison Claims Challenging Gaintime Awards Preclude Lien for Filing Fee by David Reutter By David M. Reutter The Florida Supreme Court has held that imposition of a lien on a prisoner’s trust account to recover applicable filing fees is precluded in all gaintime actions, regardless of their nature, …
Article • April 15, 2011
Filed under: Sentencing, Parole
California Parole Board Ordered to Set Lifer's Term by John Dannenberg By John E. Dannenberg The California Court of Appeal ordered the California Board of Parole Hearings (BPH) to conduct a new parole hearing for a second-degree murderer within 30 days, wherein they were required to set his parole date. …
Seventh Circuit Remands Illinois “Crutch Policy” Case; District Court to Evaluate Class Certification for Damages by Mark Wilson The Seventh Circuit Court of Appeals affirmed a lower court’s denial of class certification for injunctive relief, but remanded for further consideration of class certification for damages in an Illinois jail medical …
Crime Victims May Not Appeal Criminal Sentences, Tenth Circuit Decides by Brandon Sample By Brandon Sample Crime victims may not appeal a defendant's sentence or the denial of rights under the Crime Victims' Rights Act of 2004 (CVRA), the U.S. Court of Appeals for the Tenth Circuit decided December 2, …
Article • April 15, 2011
Georgia Life Sentence for Failure to Register is Unconstitutional by by Mark Wilson With one Justice “strongly dissenting,” the Georgia Supreme Court held that a mandatory life sentence for failing to register as a sex offender violates the proportionality clause for the United States Constitution. In 1996, Georgia first enacted …
Article • April 15, 2011
California Prisoner, As Pro Per Plaintiff In Civil Complaint, Has Right To Reasonable Law Library Access by John Dannenberg By John E. Dannenberg The California Court of Appeal (1st District) held that an indigent pro per prisoner plaintiff who is prosecuting a bona fide civil complaint is entitled to meaningful …
Article • April 15, 2011
Sixth Circuit: No Sanction for Third-Party Spoilation in Michigan by Matthew Clarke By Matt Clarke On March 21, 2008, a panel of the Sixth Circuit court of appeals held that a defendant could not be sanctioned for third-party spoilation of evidence in a Michigan case involving excessive use of force …
Article • April 15, 2011
Ohio Parole Challenge Not Barred by Res Judicata by by Mark Wilson The Ohio Court of Appeals reversed a lower court’s dismissal of a prisoner’s parole challenge, holding that res judicata did not bar the action. In 1977, Michael Swihart was convicted of aggravated murder, murder and arson related to …
Article • April 15, 2011
Texas Prisoner Allowed To Appeal IFP Despite Misfiling Affidavit by Matthew Clarke By Matt Clarke On September 24, 2008, a Texas court of appeals issued an order allowing a Texas prisoner to proceed in forma pauperis despite having improperly filed his affidavit of indigence with the wrong court. Junior Ray …
Texas Court of Appeals Reverses Dismissal of Prisoner's Retaliation Suit by By Matt Clarke On September 10, 2008, a Texas state court of appeals reversed the Chapter 14, Texas Civil Practice & Remedies Code, dismissal of a state civil rights action brought by a prisoner under 42 U.S.C. § 1983. …
Article • April 15, 2011
Fifth Circuit: "Some Evidence" Not Required To Deny Texas Mandatory Supervision by Matthew Clarke Fifth Circuit: "Some Evidence" Not Required To Deny Texas Mandatory Supervision By Matt Clarke On December 12, 2008, the Fifth Circuit court of appeals held that the "some evidence" standard of Superintendent v. Hill, 472 U.S. …
Article • April 15, 2011
10th Circuit: Prisoner Mail Protected by First Amendment by Jimmie Franks By Jimmy Franks In a decision filed December 18, 2008, the 10th Circuit reversed a district court dismissal of a §1983 claim brought by a prisoner in the Saline County Detention Center in Salina, Kansas. The prisoner, Kendall Trent …
Article • April 15, 2011
Prisoners Who Fear for Their Safety Must Give Details to Prison Officials, Seventh Circuit Decides by Brandon Sample By Brandon Sample Prisoners who feel that their safety is in danger must do more than make generalized assertions of potential harm, the U.S. Court of Appeals for the Seventh Circuit decided …
Article • April 15, 2011
Offense of Conviction Need Not Be Sexual to Receive Sex Offender Restrictions by by Brandon Sample Sex offender restrictions may be imposed on offenders whose offense of conviction did not involve sexual misconduct, the U.S. Court of Appeals for the Tenth Circuit decided December 18, 2008. The Court of Appeals …
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