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Arkansas Prisoner Awarded $1 a Day Plus Costs for Unconstitutional Lockdown by On June 19, 2006, the U.S. District Court for the Western District of Arkansas awarded $182 to a Benton County prisoner who spent 6 months in disciplinary segregation without a hearing or periodic reviews. Plaintiff Phetpinthong Senesackda claimed …
Washington State Prisoner Cannot Sue State for Volleyball Injury Caused by Oversized Shoes by On September 21, 2009, the Washington State Court of Appeals held that a prisoner cannot recover damages from the state for injuries she received while playing volleyball in oversized sport shoes issued to her by the …
Washington State Not Required to Prove Current Dangerousness for Civil Commitment as Sexually Violent Predator by On October 1, 2009, the en banc Supreme Court of Washington ruled that the state was not required to prove a sex offender would reoffend within the foreseeable future to civilly commit him as …
Utah Sex Offender Registration Injunction Vacated by On August 20, 2009, a Utah federal court lifted the injunction it had previously issued against the Utah sex offender registry requiring registered sex offenders to register their internet names and passwords. John Doe is the pseudonym for a man who was convicted …
Texas Parolee Challenges His Designation as Sex Offender by On September 3, 2002, Texas parolee Miller Branch, Jr., filed an amended civil rights complaint in federal district court pursuant to 42 U.S.C. § 1983 challenging his designation as a "sex offender" by parole officials and the requirement that he register …
Article • May 15, 2010
Supreme Court of Washington Reverses Case Due to Erroneous Jury Instructions by On September 3, 2009, the Supreme Court of Washington State handed down a unanimous en banc decision holding that a defective jury instruction on the law of self defense submitted by the defense attorney requires reversal. Kenneth Kyllo, …
Massachusetts’ Prison Ban on Sexually Explicit Material Upheld by A Massachusetts federal district court has held a legitimate penological interest exists for a Massachusetts Department of Corrections policy that bans sexually explicit publications. Before the Court was a lawsuit brought by 11 prisoners, alleging violation of their First Amendment rights. …
Massachusetts Transsexual Case Proceeds to Discovery by A Massachusetts federal district has held that a prisoner who seeks a taxpayer-funded sex change has failed to prove “serious harm” by the denial of additional hair-removal treatments. The plaintiff is serving a life sentence for the murder of his wife, Cheryl, in …
Summary Judgment Denied in Ohio Police Excessive Force Case by An Ohio Federal district Court granted in part and denied in part a motion for summary judgment in a lawsuit against guards at the Montgomery County Jail, alleging use of excessive force. After being arrested by Dayton Police for criminal …
Medical Review Board’s Order Properly Excluded in Connecticut Worker’s Compensation Claim by The Connecticut Supreme Court has affirmed an order by the compensation review board that approved the refusal of the workers’ compensation commissioner to admit into evidence a decision by the state medical examining board awarding a prison guard …
Wisconsin Federal Court Discusses Censorship of “Gang Material” in Prisons by In ruling that prison officials, in part, violated a prisoner’s First Amendment free speech rights by disciplining him for having gang-related literature, a Wisconsin federal district court provided an engrossing discussion on the factors that would make such literature …
Article • May 15, 2010
5th Circuit Affirms Judgment against Guard in Texas Excessive Force Case by On July 29, 2004, Texas prison Guard Juan Martinez was found guilty in district court of inflicting cruel and unusual punishment upon prisoner Avniel Awan Anthony. The finding was the result of a jury trial in the § …
Article • May 15, 2010
7th Circuit Denies Habeas Relief of Illinois Prisoner’s Good-Conduct Revocation by On October 22, 2009, the 7th Circuit affirmed an Illinois district court’s ruling denying habeas corpus relief to state prisoner, Lasard Lucas. During 20 years of incarceration, from 1985 to 2005, Lucas lost more than 12 years of good-conduct …
Article • May 15, 2010
City of Monroe, Washington Ordered to Produce Requested Records by City of Monroe Ordered to Produce Requested Records On October 26, 2009, a Washington appellate court published its opinion affirming in part, reversing in part and remanding a complaint regarding that state's Public Disclosure Act (PDA). The original complaint was …
Washington State DNA Collection Fee Affirmed on Appeal by On October 15, 2008, Brandy Brewster of Washington State was convicted by a jury for possession of cocaine, for which she was arrested almost two years previously on November 15, 2006. At her sentencing on December 8, 2008, Ms. Brewster was …
"Mere Propinquity" Not Sufficient Probable Cause for Search of Home by "Mere Propinquity" Not sufficient Probable Cause for Search of Home On March 22, 2006, a Sheriff’s Deputy was shot and killed while conducting a traffic stop in Bernalillo County, New Mexico. The search for the primary suspect in the …
Summary Judgment Denied in Part in New York Prisoner Extortion/Beating Suit by On October 28, 2009, a New York federal court denied in part New York City jail officials' motion for summary judgment in a lawsuit brought by a Rikers Island pretrial detainee after guards allegedly ignored his request for …
Seventh Circuit Reverses Class Certification in Cook County Jail Case by On September 8, 2008, the Seventh Circuit court of appeals reversed an Illinois federal district court's class certification in a suit over delay in the release of an arrestee while family members were attempting to post bond. Robert Harper …
Civilly Committed Washington State Prisoner's Arson Conviction Upheld by On October 6, 2009, a Washington State court of appeals upheld a prisoner's arson conviction for setting fire to a blanket in his civil commitment room. James Moseley, a resident of the McNeil Island Special Commitment Center (MISCC), used matches to …
Arkansas Supreme Court Upholds Changes to Death Penalty Procedures by Frank Williams, Jr., an Arkansas Death Row prisoner, filed a complaint for declaratory judgment in state circuit court, alleging that the Arkansas Department of Corrections (DOC) administrative directive (AD) 08-28 setting forth execution procedures was adopted in violation of the …
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