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Article • April 15, 2014 • from PLN April, 2014
Iowa: Parole Agreement Does Not Constitute Voluntary Consent that Justifies Warrantless Search by Last year the Supreme Court of Iowa reversed a parolee’s conviction on drug charges, holding that his acceptance of a search condition in a parole agreement did not constitute voluntary consent, and therefore a warrantless, suspicionless search …
Article • April 15, 2014 • from PLN April, 2014
Colorado Prisoner who Murdered Guard Gets Life Without Parole by Last month, Prison Legal News reported that the parents of a slain Colorado prison guard did not want the prisoner who murdered him to face the death penalty. Edward Montour, who beat Lima Correctional Facility guard Eric Autobee to death …
Article • April 15, 2014 • from PLN April, 2014
Update on Missouri Incarceration Reimbursement Act Case by Prison Legal News previously reported a decision by the Bankruptcy Appellate Panel for the Eighth Circuit, which held that a Missouri bankruptcy court was correct in concluding that state prison officials did not violate a discharge injunction by collecting money from a …
Article • April 15, 2014 • from PLN April, 2014
No Discipline for Oregon Prosecutor and Defense Counsel for Illegal Confinement of Mentally Ill Defendant by Although the Oregon State Bar initially decided to pursue disciplinary charges against the district attorney for Washington County and a criminal defense attorney who represented a mentally ill defendant, for causing the defendant’s illegal …
Placing Rival Gang Members in Same Cell Not Per Se Unconstitutional by The Ninth Circuit Court of Appeals applied the harmless error test in finding that a district court’s late Rand summary judgment notice did not deprive a prisoner of substantial rights. Additionally, the appellate court held prison officials were …
Article • April 15, 2014 • from PLN April, 2014
GPS Monitoring System in Los Angeles Plagued by False Alerts, Ignored Alarms by Christopher Zoukis Los Angeles County’s GPS monitoring system, designed to keep track of high-risk probationers, has overwhelmed probation officers with thousands of false alerts each day – so many that some officers simply ignore them. As a …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Death Penalty
No Death Penalty for Maine Prisoner by Lance Tapley In 2008, within a supposedly high-security prison in the giant federal correctional complex in Florence, Colorado, Gary Watland, a “boarder” from Maine, murdered another prisoner, white supremacist Mark Baker. After five and a half years – and after, probably, millions in …
Article • April 15, 2014 • from PLN April, 2014
Qualified Immunity Denied to Michigan Guard for Improper Strip Search of Amputee Prisoner by The Sixth Circuit Court of Appeals affirmed the denial of qualified immunity to a Michigan prison guard who allegedly strip searched a prisoner without a legitimate penological reason for doing so. The appellate court also vacated …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Reviews
The Redbook – A Manual on Legal Style by John Dannenberg by Bryan Garner (Thomson West, 2nd Ed., 2006). 510 pages (spiral bound), $15.00. Book review by John E. Dannenberg The Redbook is a comprehensive reference manual that provides guidance with every facet of preparing legal documents. Reviewed by judges …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Hunger Strikes
New York Prison Officials Can Force-Feed Hunger Striking Prisoner by The New York Court of Appeals, the state’s highest court, held that a hunger striking prisoner’s rights were not violated by a judicial order allowing the state to feed him by nasogastric tube to preserve his life. The Court’s decision …
Article • April 15, 2014 • from PLN April, 2014
Court Awards $802,176 in Fees, Costs in PLN Censorship Suit Against Oregon County by In March 2014, a U.S. District Court ordered Columbia County, Oregon to pay $763,803.45 in attorney’s fees and $38,373.01 in costs in a lawsuit raising claims of illegal censorship at the Columbia County Jail. Prison Legal …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Restitution
Oregon Appellate Court Declines to Correct Unpreserved Sentencing Error Related to Restitution by Mark Wilson In May 2013, the Oregon Court of Appeals agreed that a trial court had committed plain error when it recommended that a defendant pay restitution in an amount to be determined by the Board of …
Sexual Abuse by Oregon Jail Guard Nets Probation; Defense Attorney Blames Victim by A former Oregon jail guard was sentenced to probation for sexually abusing a female prisoner after pleading guilty to a misdemeanor charge; his defense attorney blamed the incarcerated victim while the prosecutor defended the light sentence. The …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Sentencing
Eighth Circuit: Federal Sentence Consecutive to Later-Imposed State Sentence by Mark Wilson On June 6, 2013, the Eighth Circuit Court of Appeals held that a prisoner was not entitled to credit toward his federal sentence for time already served on state charges. In March 2007, Charles Lee Elwell was arrested …
Brief • April 15, 2014
Scott v. Clarke, VA, Atty Fees for Discovery Compulsion, Systemic Medical Neglect, 2014 Case 3:12-cv-00036-NKM Document 109 Filed 04/15/14 Page 1 of 11 Pageid#: 1240 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA CHARLOTTESVILLE DIVISION CYNTHIA B. SCOTT , ET AL., CIVIL ACTION NO . 3:12-CV …
Brief • April 15, 2014
Berrian v. City of New York, NY, Memo in Opposition to Motion for Attorneys' Fees, Use of Excessive Force, 2014 Case 1:13-cv-01719-DLC-DCF Document 37 Filed 04/15/14 Page 1 of 26 IndexNo. 13 CIV 1719 LC LINITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK STAFFORD BERzuAN, Plaintiff, -against- CITY OF …
Lopez v. Cook, CA, Order Granting Contact Visits w/ Atty, Retaliatory Seg., 2014, Case 2:03-cv-01605-KJM-DAD Document 376 Filed 04/15/14 Page 1 of 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANDREW R. LOPEZ, 12 13 14 15 No. …
Brief • April 15, 2014
Lopez v. Cook et al, CA, Order granting contact visits, 1st Am grievance retaliation, 2014 Case 2:03-cv-01605-KJM-DAD Document 376 Filed 04/15/14 Page 1 of 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANDREW R. LOPEZ, 12 13 14 …
Brief • April 15, 2014
Filed under: Overcrowding, Jail Specific
Mason v. Hale, AL, Settlement, Jail Overcrowding, 2014 Case 2:11-cv-03155-TMP Document 71-1 Filed 04/15/14 Page 1 of 7 FILED 2014 Apr-15 PM 01:32 U.S. DISTRICT COURT N.D. OF ALABAMA Exhibit 1 Case 2:11-cv-03155-TMP Document 71-1 Filed 04/15/14 Page 2 of 7 SETTLEMENT AGREEMENT Plaintiffs, by and through counsel, and Defendants, …
Brief • April 14, 2014
Filed under: Fair Housing Act
Oxford House, Inc. v. City of Baton Rouge, LA, Atty Fee Mtn., Fair Housing Act Violation, 2014 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ____________________________________ ) ) OXFORD HOUSE, INC., et al., ) ) Plaintiffs, ) ) Docket No. 11-00391-JJB-RLB v. ) ) CITY OF BATON ROUGE, ) ) …
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