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$900,000 Settlement In Eugene, Oregon Police Sexual Assault Civil Rights Case by Unknown plaintiffs filed a Federal civil rights complaint against the City of Eugene, Oregon, claiming that Eugene Police Officer Roger Magena and other unnamed officers engaged in a pattern of sexual misconduct reported by citizens, due to insufficient …
Article • May 15, 2007
Police Rape Plaintiff Allowed to Sue Anonymously by The plaintiff alleged that she had been sexually assaulted by a state trooper. Her case was consolidated for discovery with three other similar cases against the same trooper. The court permits the plaintiff to proceed under a pseudonym, since she has taken …
Sex Offender Treatment Records Not Subject to Discovery by The plaintiff was raped in a McDonald's parking lot and sued the company. The rapist is now in prison and receiving mental health treatment, and the victim is seeking his prison mental health records. Under state law (the case being a …
Article • May 15, 2007
Notice Implies Consent to BOP Jail Phone Recordings by The criminal defendants were convicted based in part on recordings of their telephone calls from jail. Title III of the Omnibus Crime Control and Safe Streets Act of 1968 generally forbids telephone surveillance without a warrant, but has exceptions for instances …
Government Agent Authorizes Drug Deals Behind Bars by The Western District of Virginia on remand from the Fourth Circuit Court of Appeals concluded that estoppel by entrapment does not require that a government actor was correct in his representation. Michael Fulcher, his wife Ethel and his mother Rosanna created a …
Article • May 15, 2007
Sexual Predation Rampant At FMC-Carswell; Another Employee Convicted by By Michael Rigby A pair of semen-stained sweatpants has led to the conviction of former prison guard Michael Lawrence Miller, making him the seventh employee of the Federal Medical Center for women in Carswell, Texas, to be convicted of sexually abusing …
Supreme Court: Involuntary Medication of Criminal Defendants Should be Rare by The mentally ill criminal defendant was found incompetent to stand trial; the government sought permission to medicate him involuntarily, and the district court granted it. The order authorizing involuntary medication was a collateral order over which the appeals court …
Article • May 15, 2007
Second Circuit: Bank Larceny Not Qualifying Federal Offense For Probationer's DNA Collection by Second Circuit: Bank Larceny Not Qualifying Federal Offense For Probationer's DNA Collection by Michael Rigby On January 10, 2005, the U.S. Second Circuit Court of Appeals held that bank larceny was not a "qualifying federal offense" for …
Article • May 15, 2007
Police Must Produce Informant Used to Justify Drug Raid by The plaintiffs alleged that they were unlawfully subjected to a drug raid which the City said was based on information from a confidential informant. At 510: ". . . [A]s a condition precedent for invoking the informer's privilege, the government …
Sixth Circuit Finds No Deliberate Indifference in Prison Employee's Death by The U.S. Sixth Circuit Court of Appeals affirmed a district court's grant of summary judgment to officials of the Michigan Department of Corrections (MDOC) and the Huron Valley Men's Facility (HVMF) in a case alleging that a prison employee's …
Article • May 15, 2007
Due Process Not Required when Mail with Criminal Plans Seized by Due Process Not Required When Mail With Criminal Plans Seized A federal district court in Missouri held that prison officials do not have to give due process notice to the prisoner or intended recipient when they seize mail containing …
Article • May 15, 2007
Filed under: Crime/Demographics, Census
Pennsylvania Prisoners Counted as Residents of States in Which Prison Is Located by Pennsylvania Prisoners Counted as Residents of States in Which Prison is Located The U.S. Court of Appeals for the Third Circuit held that the U.S. District Court for the Western District of Pennsylvania did not err when …
Article • May 15, 2007
Filed under: Crime/Demographics, Census
District of Columbia Challenges Census Bureau Enumerating Prisoners as Residents of Virginia by The U.S. District Court for the District of Columbia, held that the District of Columbia did not have standing to sue the U.S. Department of Commerce for the Census Bureau's having enumerated D.C. prisoners at the Lorton …
BOP Prisoner Had Right to Duress Defense by The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred when it denied a prisoner from using the duress defense in a criminal trial for possession of escape paraphernalia in prison. …
Wyoming Prison Not Liable in Guard's Death by The court of appeals for the Tenth circuit upheld the dismissal of a § 1983 suit filed by the widow of a Wyoming prison guard killed by three escaping prisoners. The court held that the prison had no "special relationship" with the …
Article • May 15, 2007
Aryan Brotherhood Prison Killing Appeals by The Aryan Brotherhood (AB) is a small criminal organization based mainly in the California and federal prison systems. A series of four cases involving the criminal convictions of various AB members for prison murders, several in the control unit of the federal penitentiary in …
Article • May 15, 2007
Florida Reporter Criminally Charged for Receiving Written Communication from Prisoner by Florida Reporter Criminally Charged for Receiving Written Communication from Prisoner Florida's First District Court of Appeals held that a state statute that prohibits a news media reporter from receiving a written communication during a prison visit interview of a …
Summary Judgment Improper, Proof of State-Enforced "Custom" States Claim by Summary Judgment Improper, Proof of State-Enforced "Custom" States Claim The U.S. Supreme Court reversed and remanded a district court's dismissal of a federal civil rights action, holding that it was improper because defendant's materials did not sufficiently negate plaintiff's allegations. …
Article • May 15, 2007
Supreme Court Restricts RICO Act's Application Against Protestors by The United States Supreme Court, in a decision with potentially far- reaching consequences for protestors, held that abortion services providers cannot use the Racketeer Influenced and Corrupt Organization (RICO) Act, 18 U.S.C. §§1962(a), (c), and (d), the Hobbs' Act, 18 U.S.C. …
Article • May 15, 2007
US Court Of Appeals Upheld Federal Statute On Contraband by The US Court Of Appeals for the Ninth Circuit held that a District Court did not err in convicting the visitor of a prisoner at the Terminal Island Federal Correctional Institution in California, for attempting to introduce contraband into the …
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