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Multiple Convictions, Single Proceeding Triggers Alaska Lifetime Sex Offender Registration

Article • January 15, 2014 • from PLN January, 2014

Filed under: Discrimination, Sex Offender Registration

Multiple Convictions, Single Proceeding Triggers Alaska Lifetime Sex Offender Registration by The Alaska Supreme Court has held that the state’s lifetime sex offender registration requirement for multiple sex offenses applies to multiple convictions arising from a single criminal proceeding. The Alaska Sex Offender Registration Act (ASORA), Alaska Stat. § 12.63.020(a)(1)(B), …

Seventh Circuit Affirms Dismissal of Prisoner's Law Library Access Claim

Article • January 15, 2014 • from PLN January, 2014

Filed under: Court Access, Law Library Access/Adequacy

Seventh Circuit Affirms Dismissal of Prisoner's Law Library Access Claim by Derek Gilna Illinois state prisoner Brian Burd filed a 42 U.S.C. § 1983 complaint for damages in 2010, alleging that officials at the Sheridan Correctional Center had denied him reasonable access to the facility’s law library; consequently, he was …

Oregon: Life Sentence for Murder Unconstitutional During Eight-Month Period in 1999

Article • January 15, 2014 • from PLN January, 2014

Filed under: Sentencing, Ex Post Facto

Oregon: Life Sentence for Murder Unconstitutional During Eight-Month Period in 1999 by The Oregon Court of Appeals has held that for crimes committed between February 17, 1999 and October 23, 1999 (aka “the McLain window”), the only permissible sentence for a murder conviction was 300 months in prison followed by …

Tenth Circuit Orders Foreseeability Jury Determination for Detention by New Mexico DOC Employees

Article • January 15, 2014 • from PLN January, 2014

Filed under: Wrongful Imprisonment, Police, False Arrest

Tenth Circuit Orders Foreseeability Jury Determination for Detention by New Mexico DOC Employees by The Tenth Circuit Court of Appeals reversed a district court’s ruling that state corrections employees could be held liable only for their own initial 2- to 3-minute detention of two suspects, and not for further detention …

Ninth Circuit: Budgetary Constraints May Excuse Deliberate Indifference to Prisoner’s Serious Medical Needs; En Banc Review Granted

Article • January 15, 2014 • from PLN January, 2014

Filed under: Medical, Dental Care, Medical Expenses, Failure to Treat

Ninth Circuit: Budgetary Constraints May Excuse Deliberate Indifference to Prisoner’s Serious Medical Needs; En Banc Review Granted by On January 7, 2013, a divided Ninth Circuit panel held that a prison employee, alleged to be deliberately indifferent to a prisoner’s serious medical needs, can avoid liability for damages by establishing …

Oregon: Jury Trials Required When Prosecutors Treat Misdemeanors as Violations

Article • January 15, 2014 • from PLN January, 2014

Filed under: Criminal Prosecution, Attorneys, Prosecutors, Juries

Oregon: Jury Trials Required When Prosecutors Treat Misdemeanors as Violations by The Oregon Court of Appeals held on September 26, 2012 that criminal defendants are entitled to jury trials and reasonable doubt determinations when misdemeanors are reduced to violations – a ruling that was subsequently affirmed by the state Supreme …

Ninth Circuit: No Summary Judgment on Claim of Excessive Use of Pepper Spray

Article • January 15, 2014 • from PLN January, 2014

Filed under: Pepper Spray/Tear Gas, Immunity/Liability, Qualified Immunity, Religious Diet

Ninth Circuit: No Summary Judgment on Claim of Excessive Use of Pepper Spray by On January 17, 2013, the Ninth Circuit Court of Appeals reversed a grant of summary judgment in favor of California prison officials, concluding that the district court had failed to consider the evidence in the light …

Craft v. Robinson, OH, Complaint, Death Row Suicide, 2014

Brief • January 15, 2014

Filed under: Eighth Amendment, Death Row, Failure to Protect (Wrongful Death), Suicides

Craft v. Robinson, OH, Complaint, Death Row Suicide, 2014 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION LISA CRAFT, individually and as Administratrix of the Estate of BILLY SLAGLE, 7015 Westlake Ave. Parma, OH 44129 CASE NO. JUDGE And CASEY LOPEZ 2129 West 83rd Street Cleveland, OH, 44102 …

Harrison v. Alameda County, CA, Transcript of Wetli, Wrongful Death Alcohol Withdrawal, 2014

Brief • January 15, 2014

Filed under: Drug/Alcohol Withdrawal, Medical Neglect/Malpractice

Harrison v. Alameda County, CA, Transcript of Wetli, Wrongful Death Alcohol Withdrawal, 2014 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA - - - - - - - - - - - - - - - - - - - - -x M.H., a minor, through his Guardian …

Lubsen v. Holmes et al, CA, Complaint, jail drug withdrawal suicide, 2014

Brief • January 15, 2014

Filed under: Jail Misconduct, Drug/Alcohol Withdrawal, Jail Specific, Suicides

Lubsen v. Holmes et al, CA, Complaint, jail drug withdrawal suicide, 2014 1 2 3 r- "—} Wm. Lionel Halsey (SBN 227868) William C. Halsey (SBN 71090) 2424 Vista Way, Ste. 320 Oceanside, CA 92054 Tel. (760) 721-3839 Fax (760) 721-2533 -s 14CRTH V E, 1 4j ce!. g SJAN …

Corbett v. Branker, NC, Report on Eldon Vail, Video Surveillance, 2014

Brief • January 15, 2014

Filed under: Videotaping

Corbett v. Branker, NC, Report on Eldon Vail, Video Surveillance, 2014 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:13-CT-3201-BO STANLEY CORBETT, et al., Plaintiffs, V. G.J. BRANKER, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) REPORT OF SPECIAL MASTER …

Nabors v. Nevada DOC, NV, Settlement Agreement, Ankle Shackles During Child Birth, 2014

Brief • January 14, 2014

Filed under: OB/GYN, Restraints, Mothers in Prison

Nabors v. Nevada DOC, NV, Settlement Agreement, Ankle Shackles During Child Birth, 2014

Harrison v. Alameda County, CA, Depo of Baden, Wrongful Death Alcohol Withdrawal, 2014

Brief • January 14, 2014

Filed under: Drug/Alcohol Withdrawal, Medical Neglect/Malpractice

Harrison v. Alameda County, CA, Depo of Baden, Wrongful Death Alcohol Withdrawal, 2014 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA - - - - - - - - - - - - - - - - - - - - -x M.H., a minor, through his Guardian …

Nabors v. Nevada DOC, NV, Settlement, Shackles During Child Birth, 2014

Brief • January 14, 2014

Filed under: OB/GYN, Restraints, Mothers in Prison

Nabors v. Nevada DOC, NV, Settlement, Shackles During Child Birth, 2014 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 VALERIE NABORS, 4 Plaintiff, 5 v. 6 NEVADA DEPARTMENT OF CORRECTIONS (NDOC); JAMES GREG COX, (in his official capacity) as Director of the Nevadcf Department of Corrections; E.K. McDANIEL …

Securus Technologies v. FCC, DC, Order on Mtn. to Stay, Prison Phone Rates, 2014

Brief • January 13, 2014

Filed under: Telephone Rates

Securus Technologies v. FCC, DC, Order on Mtn. to Stay, Prison Phone Rates, 2014 USCA Case #13-1280 Document #1474764 Filed: 01/13/2014 Page 1 of 2 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 13-1280 September Term, 2013 FCC-78FR67956 Filed On: January 13, 2014 Securus Technologies, …

Davis v. Moroney, IL, Merit Review, Excessive Force, 2014

Brief • January 13, 2014

Filed under: Retaliation for Filing Grievances, Excessive Force, Guard Brutality/Beatings

Davis v. Moroney, IL, Merit Review, Excessive Force, 2014 1:13-cv-01462-SLD-JAG # 6 Page 1 of 4 E-FILED Monday. 13 January 2014 04:08:58 PM C:erk. U.S. District Court, ILCD 1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION MICHAEL DA VIS, Plaintiff, vs. DONALD MORONEY, et al., Defendants. ) …

Coleman v Brown, CA, Order, prison population, 2014

Brief • January 13, 2014

Filed under: Mental Health

Coleman v Brown, CA, Order, prison population, 2014 Case3:01-cv-01351-TEH Document2752 Filed01/13/14 Page1 of 2 1 IN THE UNITED STATES DISTRICT COURTS 2 FOR THE EASTERN DISTRICT OF CALIFORNIA 3 AND THE NORTHERN DISTRICT OF CALIFORNIA 4 UNITED STATES DISTRICT COURT COMPOSED OF THREE JUDGES 5 PURSUANT TO SECTION 2284, TITLE …

Prison Legal News v. Corrections Corporation of America (CCA - VT), Order Denying Motion to Dismiss 2014

Filing • January 10, 2014

Prison Legal News v. Corrections Corporation of America (CCA - VT), Order Denying Motion to Dismiss 2014 VT IN/ STATE OF `VERMONT SUPERIOR COURT Washington Unit 2014 ,J,!,,1.1 1 0 P 1: 2 ,CIVIL DIVISION r ocket No. 332-5-13 Wncv Prison Legal News Plaintiff v. Corrections Corporation of America Defendant …

Assink v. Des Moines Police, WA, Claim for Damages, Excessive Force and Injury, 2014

Brief • January 9, 2014

Filed under: Systemic Medical Neglect, Excessive Force, DUI

Assink v. Des Moines Police, WA, Claim for Damages, Excessive Force and Injury, 2014 CLAIM FOR DAMAGES FORM CITY OF DES !VlOINES ''CLAIM FOR DAMAGES" FORl\1 Benjamin D. Assink c/o Connelly Law Offices th 2301 North 30 Street Tacoma, Washington 98403 Date of Birth: 06/25/1985 Your acld1·ess at the time …

Mallett v. Kasper, IL, Complaint, excessive force dog shooting, 2014

Brief • January 9, 2014

Filed under: Police Misconduct, Police Searches, Shootings, Dogs, Excessive Force (Police)

Mallett v. Kasper, IL, Complaint, excessive force dog shooting, 2014 Case: 1:14-cv-00153 Document #: 1 Filed: 01/09/14 Page 1 of 7 PageID #:1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION FERNANDO MALLETT and DARNELL MALLETT, Plaintiffs, v. DANIEL KASPER, Star #3019, BRIAN NUNES, Star #19570, …