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Article • January 15, 2011 • from PLN January, 2011
Speedy Sentencing Procedure Applies to Probation Revocations, California Supreme Court Holds by California prisoners facing revocation of probation must be sentenced within 90 days after making a request under Penal Code 1381 or the probation revocation proceeding must be dismissed, the Supreme Court of California decided March 9, 2009. David …
Article • January 15, 2011 • from PLN January, 2011
Massachusetts DOC Injunction Requiring Broadcast of Jum’ah Services via Closed-Circuit Television Upheld by The U.S. Court of Appeals for the First Circuit upheld an injunction requiring the Massachusetts Department of Correction (DOC) to broadcast Friday Jum’ah services via closed circuit television to Muslim prisoners in segregation. The injunction comes in …
Article • January 15, 2011 • from PLN January, 2011
Cavity Searches of Civil Commitment Patients for Cellphone Upheld by Eighth Circuit by The Eighth Circuit Court of Appeals upheld a strip search of 150 Minnesota civil commitment patients, but warned that it was “a close question of constitutional law,” which reached the outer limits of acceptable conduct. On October …
Article • January 15, 2011 • from PLN January, 2011
Filed under: News, News in Brief
News in Brief: by Arizona: Infamous Maricopa County Sheriff Joe Arpaio, best known for his harsh and humiliating treatment of prisoners, staged a Christmas carol contest on December 21, 2010. Ten prisoners sang for a chance to get a full traditional dinner on Christmas Eve, with Arpaio judging the contest …
Article • January 15, 2011 • from PLN January, 2011
Filed under: International, Immigration
Federal Rapid REPAT Program Not Working in Rhode Island by Derek Gilna A federally-funded program designed to help states remove illegal immigrants held in state prison systems if they agree to immediate deportation from the U.S. has had no impact in Rhode Island, according to Steve Brown, executive director of …
Article • January 15, 2011 • from PLN January, 2011
Probation Officers Working in Los Angeles Juvenile Facilities Engage in Misconduct, Avoid Disciplinary Action by Michael Brodheim According to a report released in June 2010 by the Los Angeles County Office of Independent Review (OIR), a civilian oversight agency, lax internal investigations in the county’s Probation Department have allowed sworn …
Article • January 15, 2011 • from PLN January, 2011
Audit Report Finds Georgia Sex Offender Registry Needs Complete Overhaul by David Reutter by David M. Reutter The federal Jacob Wetterling Act of 1994 imposed a duty on the states to establish sex offender registry programs, including life-long registration for offenders classified as sexually violent predators. In 1996, Megan’s Law …
Article • January 15, 2011 • from PLN January, 2011
California Governor Orders Corrections Officials to Retain Parole Files Indefinitely by The killing of a 17-year-old girl by a sex offender whose parole records had been destroyed resulted in a minor political frenzy in California. The Associated Press requested the parole records of John Albert Gardner III, who was charged …
Article • January 15, 2011 • from PLN January, 2011
Capital Appeals Attorney Sentenced to Prison for Theft by David Reutter by David M. Reutter Former Louisiana death penalty defense attorney Jelpi Picou, 49, was sentenced on August 23, 2010 to five years in prison for stealing over $200,000 from a publicly-funded agency he had directed since 2004. Picou was …
Article • January 15, 2011 • from PLN January, 2011
Oregon Federal Halfway House Director Removed Due to Embezzlement by Mark Wilson The executive director of a non-profit transition center for federal prisoners was fired after allegations of embezzlement surfaced in June 2010. The Oregon Halfway House (OHH) is a 75-bed transition center for federal prisoners located in Portland, Oregon. …
Article • January 15, 2011 • from PLN January, 2011
Delaware’s Parole Board Suffers from Infighting by David Reutter by David M. Reutter Internal strife within Delaware’s Board of Parole (Board) has provided ammunition to a move by the governor to abolish the Board. The squabble has resulted in claims that the Board’s chairman is acting without legal authority and …
Article • January 15, 2011 • from PLN January, 2011
Filed under: Searches, Strip Searches
$389,548.55 Total Award in Texas Jail Strip Search Suit by On February 5, 2009, a former jail prisoner in Wood County, Texas was awarded $60,000 by a federal jury after being subjected to an unlawful strip search. She had previously settled claims against the Texas Alcoholic Beverage Commission (TABC) for …
Article • January 15, 2011 • from PLN January, 2011
Washington Supreme Court Holds No Liberty Interest in Sex Offender Release to Community Custody by The Washington Department of Corrections (DOC) may lawfully deny sexually violent predators early release to the community, the Supreme Court of Washington decided August 20, 2009. In so holding, the court concluded that RCW 9.94A.728(2) …
Former Texas Youth Commission Official Gets Ten Years in Prison by On April 22, 2010, a former Texas Youth Commission (TYC) official convicted of sexually abusing a young offender was sentenced to ten years in prison. Ray Edwards Brookins, formerly the assistant superintendent of TYC’s West Texas State School, was …
Article • January 15, 2011 • from PLN January, 2011
Filed under: News, State Legislation
North Carolina Supreme Court Upholds Felon’s Right to Possess Firearm by On August 28, 2009, the Supreme Court of North Carolina concluded that a 2004 law prohibiting felons from possessing a firearm violated the North Carolina constitution in an as-applied challenge to the law. Barney Britt was convicted in 1979 …
Brief • January 14, 2011
Taylor v. Clark et al, CA, Plf Response to Def Mot for SJ, Deaf Prisoner Accommodation Excessive Force, 2011 Case 1:07-cv-00032-AWI-SMS Document 131 5 CARTER C. WHITE, CSB # 164149 KING HALL CIVIL RIGHTS CLINIC U. C. Davis School of Law One Shields Avenue, Bldg. TB-30 Davis, CA 95616-8821 Telephone: …
Brief • January 13, 2011
Halloum v. Ryan, AZ, Complaint, Racial Discrimination & Retaliation, 2011 ,.•.•...; : '••' ...... •, :;, · - · ~••- ~ - : . : \ : . >. :.':··-.: ... ·. .., -:: . ... .. --_·.·· .. ··•: :-'.CIVII..,RIGl!TS·COMPLA;INT·.. ,_-_-,.-_:,. · -:·.) ·_ .- · -- . c.: …
Brief • January 12, 2011
Filed under: Attorney Fee Awards
Rezaq v. Nalley, CO, Order No Defendant Attny Fees, Solitary Confinement, 2011 Case 1:07-cv-02483-LTB -KLM Document 172 Filed 01/12/11 USDC Colorado Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Case No. 07-cv-02483-LTB-KLM OMAR REZAQ, Plaintiff, v. MICHAEL NALLEY, RON WILEY, MICHAEL MUKASEY, …
White v. Dona Ana County Detention Center, NM, Recommendation, Mailroom Law Library, 2011 Case 2:08-cv-00955-WJ-GBW Document 138 Filed 01/12/11 Page 1 of 45 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO DENVER JAMES WHITE, Plaintiff, v. No. CV 08‐0955 WJ/GBW DONA ANA COUNTY DETENTION CENTER, ET …
Brief • January 11, 2011
Rezaq v. BOP, CO, Resp to Motion for Costs, Solitary Confinement, 2011 Case 1:07-cv-02483-LTB -KLM Document 171 Filed 01/11/11 USDC Colorado Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-CV-02483-LTB-KLM OMAR REZAQ, Plaintiff, v. FEDERAL BUREAU OF PRISONS, et al., …
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