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Article • February 15, 2014 • from PLN February, 2014
Prisoner Assaulted in Tennessee Jail Settles Suit for $530,000 by Derek Gilna Curtis Dressman, a former pre-trial detainee, has settled his § 1983 lawsuit against jail officials in Nashville, Tennessee after a judge denied the jail’s motions for summary judgment. The district court found that Dressman had “a clearly established …
Iowa: Bad Faith or Misconduct can Overcome Mental-Process Privilege in Disciplinary Case by The Iowa Supreme Court has held that administrative law judges (ALJs) in the Department of Corrections (DOC) are entitled to assert the mental-process privilege in an Office of Ombudsman investigation, but that privilege may be overcome upon …
Article • February 15, 2014 • from PLN February, 2014
Short-term Deprivation of Toilet Paper Does Not Violate Detainee’s Rights by The Eighth Circuit Court of Appeals has held that denial of toilet paper to a pretrial detainee for a short period of time does not violate the Fourteenth Amendment. The ruling reversed a district court’s order which had concluded …
Article • February 15, 2014 • from PLN February, 2014
New Trial Granted in Jail Strip Search Case Following Jury Verdict; $385,000 Settlement by Matthew Clarke On March 7, 2011, an Iowa federal district court granted a motion for a new trial after a jury awarded $259,155 to a woman who was improperly strip searched when she was arrested and …
Article • February 15, 2014 • from PLN February, 2014
Filed under: Sentencing
California: State Prisoner Cannot Serve Concurrent Sentence in County Jail by On February 15, 2013, the California Court of Appeal held that when a sentence that otherwise would have been served in a county jail is ordered to run concurrent to a sentence already being served in state prison, the …
Article • February 15, 2014 • from PLN February, 2014
Filed under: Commentary/Reviews, Reviews
Arrested: What to do When Your Loved One’s in Jail, by Wes Denham by John Dannenberg (Chicago Review Press, 2010). 263 pages (paperback), $16.95. Book review by John E. Dannenberg Arrested: What to do When Your Loved One’s in Jail is a detailed “how-to” manual for educating the uninformed about …
California: Sexually Violent Predator Entitled to Jury Trial on Petition Seeking Conditional Release by The California Court of Appeal has reversed the denial of a petition for conditional release filed by a sexually violent predator (SVP) who had received a psychological evaluation indicating that conditional release would be in his …
Article • February 15, 2014 • from PLN February, 2014
Qualified Immunity Denied to Prison Psychiatrist who Prescribed Lethal Drug Combination; $450,000 Settlement by The Sixth Circuit Court of Appeals has affirmed the denial of qualified immunity to a psychiatrist in a lawsuit brought by a prisoner’s estate. The appellate court found the evidence could establish that the psychiatrist had …
Article • February 15, 2014 • from PLN February, 2014
Medical Parole for Texas Prisoners on the Decline by Matthew Clarke by Matt Clarke The number of prisoners granted medical parole in Texas decreased in fiscal year 2012 compared with those paroled due to medical reasons in the previous two years. The Texas Board of Pardons and Paroles approved just …
Article • February 15, 2014 • from PLN February, 2014
Court Employee Fired for Helping Wrongfully Convicted Prisoner Prove His Innocence by Christopher Zoukis In 1984, Robert E. Nelson was convicted and sentenced by Jackson County, Missouri Circuit Court Judge David M. Byrn to 50 years in prison for forcible rape, 5 years for forcible sodomy and 15 years for …
NY Prisoner’s Youthful Age Considered in Modifying Prison Disciplinary Sanction by The Appellate Division of New York’s Supreme Court, Fourth Judicial Division, after taking into account a prisoner’s youthfulness, modified the penalty imposed in a prison disciplinary hearing. Prisoner Paul Cookhorne was charged with violating various prison rules that included …
Eighth Circuit: No Qualified Immunity for Excessive Use of Force, Retaliation by The Eighth Circuit Court of Appeals has affirmed a district court’s denial of qualified immunity on a prisoner’s retaliation and excessive force claims. On July 26, 2008, Missouri prisoner Victor Santiago faced administrative segregation for failing to report …
Article • February 15, 2014 • from PLN February, 2014
Islamic Organization Petitions to Let Muslim Women Prisoners Wear Hijabs by Christopher Zoukis In May 2013, the Council on American-Islamic Relations (CAIR) petitioned the U.S. Department of Justice (DOJ) to establish a uniform policy for all local, state and federal correctional facilities to allow Muslim women to wear hijab head …
West Virginia Sex Offender Does Not Have Right to Attend Specified Church by The West Virginia Supreme Court held on February 22, 2013 that a convicted sex offender does not have an automatic right to attend religious services of his choice. The Court’s ruling was not based on the right …
Ninth Circuit Reverses Dismissal of Wiccan Prisoners’ Establishment Clause Claim by On February 19, 2013, the Ninth Circuit reversed a district court’s dismissal of a lawsuit brought under 42 U.S.C. § 1983 by two California prisoners who alleged that prison officials had violated their constitutional rights by failing to apply …
Article • February 15, 2014 • from PLN February, 2014
Lawsuit, Whistleblower Allege Rape by Guards at New Mexico Prison by A lawsuit filed in May 2012, alleging sexual abuse at the Central New Mexico Correctional Facility (CNMCF) in Los Lunas, compelled a retired prison guard to come forward and blow the whistle on several other officers, including one already …
Article • February 15, 2014 • from PLN February, 2014
Ninth Circuit: Immigration Detainees Must be Afforded Opportunity to Challenge Continued Detention after Six Months by On April 16, 2013, the Ninth Circuit Court of Appeals affirmed a district court’s grant of preliminary injunctive relief to immigration detainees in Southern California, affording them an opportunity to challenge their continued detention …
Article • February 15, 2014 • from PLN February, 2014
Restitution Not Owed for Arrest Costs, West Virginia Court Holds by Derek Gilna Petitioner Michael John McGill appealed his December 2010 state conviction for escape from home confinement while on bail and the sentencing judge’s order that he pay $8,261.56 in “restitution to the State for costs associated with apprehending …
Article • February 15, 2014 • from PLN February, 2014
Discretionary Immunity Dismissal of Ohio Prisoner’s Negligence Claims Reversed by On March 12, 2013, the Ohio Court of Appeals overturned an earlier discretionary immunity decision and reversed a lower court’s dismissal of a prisoner’s negligence claims on the basis of discretionary immunity. Ohio Department of Rehabilitation and Correction (ODRC) prisoner …
Article • February 15, 2014 • from PLN February, 2014
Crime Declines while Anti-crime Funding Increases by Christopher Zoukis Crime is down in the United States, but spending measures included in the $1.1 trillion federal budget passed by Congress in January 2014 will ensure that many law enforcement agencies receive more funding. Insiders give much of the credit for the …
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