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Article • January 15, 2010
Escapees Retain No Privacy Right From Searches by Prison escapees enjoy no Fourth Amendment right to privacy, the U.S. Court of Appeals for the Fifth Circuit decided February 26, 2009. Dan Ward was mistakenly released by state authorities after receiving a ten year sentence for being a felon-in-possession of a …
Article • January 15, 2010
First Circuit Rejects Internet, Pornography Restrictions on Sex Offenders by On January 21, 2009, the U.S. Court of Appeals for the First Circuit reversed two special conditions of supervised release imposed on a sex offender. The two conditions, one banning all internet use at home, the other prohibiting the possession …
Article • January 15, 2010
Filed under: Police, False Arrest
How To Survive an Arrest When You Haven't Done Anything Wrong by By James V. Cook* Racial profiling is real. If you're African-American and you're male, the chances are better than even that you will be stopped by law enforcement officers when you haven't done anything wrong. If you're African-American …
Article • January 15, 2010
Minnesota Holds DNA Testing Upon Arrest Unconstitutional by The Minnesota Court of Appeals has declared unconstitutional a state law mandating that biological samples be drawn for DNA testing upon arrest. A DNA sample may be taken for the purpose of producing evidence of a crime, but only after a warrant …
Ninth Circuit Rejects Retroactive Award of Attorney’s Fees under Open Government Act by On July 8, 2009, the U.S. Court of Appeals for the Ninth Circuit affirmed in part and reversed in part an award of attorney’s fees in a Freedom of Information Act (FOIA) and Administrative Procedure Act (APA) …
Article • January 15, 2010
No Appeal In Section 2255 Proceeding Until Defendant Is Resentenced by Federal courts of appeal lack jurisdiction to entertain appeals from the grant or denial of relief under 28 U.S.C. § 2255 until proceedings in the district court have been finalized, the U.S. Court of Appeals for the Third Circuit …
Supreme Court: No Due Process Right to Post-Conviction DNA Testing by On March 2, 2009, the United States Supreme Court ruled that there is no federal substantive due process right to post-conviction DNA testing. William G. Osborne, an Alaska state prisoner, was convicted of a 1993 kidnapping, assault and sexual …
Sweat Lodges in American Prisons (2005) by Significance of the Sweat Lodge Sweat lodges are salient features of a remarkable number of native traditions across North America from the Great Lakes to the Southwest. From Minnesota's Mille Lacs Ojibwe to Plains communities like the Lakota to Southwestern peoples like the …
California DOC’s Former Healthcare Receiver Overpaid Staff Benefits by $218,790 by Marvin Mentor A February 2008 “disbursement review” report by California’s Inspector General (IG) revealed that the state’s former federal court-appointed prison healthcare Receiver, Robert Sillen, had expended hundreds of thousands of dollars in questionable expenses for travel, in-lieu employee …
$26,000 Settlement for Public Records Violations by Washington Jail by Washington state’s Kitsap County Jail paid $26,000 to settle an Americans with Disabilities Act (ADA) claim that resulted in “catastrophic injuries” to a prisoner. The claim also asserted violations of Washington’s public records law. The claim was filed on behalf …
Brief • January 11, 2010
Andersen v. Becker County, MN, Settlement, Monitoring of Atty Calls, 2010 CASE 0:08-cv-05687-ADM-RLE Document 82 Filed 05/04/10 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA -----------------------------------------------------------) KENNETH E. ANDERSEN and ) CIVIL ACTION DELL D. HOLM, on behalf of ) NO. 08-5687 (ADM/RLE) themselves and all others …
Brief • January 6, 2010
Armstrong v. Schwarzenegger, CA, Plf Reply Appeal Brief, ADA Jail Programming, 2010 Case: 09-17144 01/06/2010 Page: 1 of 65 DktEntry: 7185593 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 09-17144 JOHN ARMSTRONG, et al., Plaintiffs-Appellees, v. ARNOLD SCHWARZENEGGER, et al., Defendants-Appellants. On Appeal from the United States District …
Edrei et al v. City of New York, Complaint, NYPD DCU Briefing on LRAD, 2010 t, , I . fl . • , •I New York City Police Department Special Operations Di vision , .spZ Disorder Control Unit ,., ..: \<;;1 '. ':.v ~- ;;\<~;~ ¡~\ it ',c' tít~(j;;t-k.,~"'. ", …
Bailey v. Pataki, NY, Memo to Preclude-Prejudicial Evidence-Bifurcation - Sex Offenders (2010) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KENNETH BAILEY, Plaintiff, -againstGEORGE PATAKI, et. al., Defendants. Case No. 08-Civ-8563 (JSR) Memorandum in Law in Support of Plaintiff’s Motions for Preclusion of Prejudicial Evidence and for Bifurcation TABLE …
Brief • January 1, 2010
Filed under: Medical, HIV/AIDS, Skin, Hepatitis
Donald v. NWFRC, FL, Interrogatories, Negligent Medical Care, 2010 Interrogatories to Dr. Frank Johanson The Plaintiff sets forth the following definitions particular to this litigation: A. “Department” means the Florida Department of Corrections. B. “Decedent” means Vermon Donald. C. The matter sued upon means the treatment of Vermon Donald between …
Brief • January 1, 2010
Filed under: Medical, HIV/AIDS
Donald v. NWFRC, FL, Interrogatores, FDOC Medical Care, Treatment Care Costs and Procedures Chronically Ill Inmates, 2010 Discovery sets DonaldV Interrogatories Time frame: if not otherwise specified, time frame of matter sued upon: 05/30/08 to 07/16/10. FDOC What is FDOC design capacity; operable capacity? Samuel Culpepper What cross-check with health …
Kickback publication • January 1, 2010
Filed under: Securus
OH Cuyahoga County-Securus Contract 2010-2018 SECURUS Technologies Master Services Agreement Cuyahoga County (OH) A004002 This Master Services Agreement (this "Agreement") is by and between COUNTY OF CUYAHOGA, OHIO, a body corporate and politic and a political subdivision of the State of Ohio organized and existing under the Charter of Cuyahoga …
Brief • December 31, 2009
Brandon v. Advanced Correctional Healthcare, IL, Deposition of Scott, Wrongful Death, 2009 1:06-cv-01316-JAG # 190-48 Page 1 of 487 E-FILED Thursday, 31 December, 2009 01:34:33 PM Clerk, U.S. District Court, ILCD 1 1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF ILLINOIS 3 PEORIA DIVISION 4 5 LAZINNIAL BRANDON, ) …
Brief • December 23, 2009
Filed under: Publications/Books
Bretches v. Kirkland, CA, Complaint, Banned Prisoner Author Book Aggressive Dogs, 2009 Case3:06-cv-05277-JSW Document80 Filed12/23/09 Page1 of 46 1 2 3 4 HERMAN FRANCK (SBN 123476) ELIZABETH VOGEL (SBN 245772) FRANCK & ASSOCIATES 1801 7TH Street, Suite 150 Sacramento, California 95811 Tel. (916)-447-8400 Fax (916) 447-0720 5 6 Attorney for …
Brief • December 23, 2009
Prison Legal News v. Tilton, CA, CDCR Public Records Order, 2009 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO GORDON D SCHABER COURTHOUSE MINUTE ORDER [X] Amended on 12/23/2009 Date: 12/23/2009 Time: 09:00:00 AM Judicial Officer Presiding: Shelleyanne W L Chang Clerk: J. Hart Reporter/ERM: T. Goleno CSR# 10127 Bailiff/Court Attendant: …
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