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Federal Jury Awards $5 Million for Wrongful Conviction Involving Houston Crime Lab by Matthew Clarke by Matt Clarke A Texas federal jury awarded $5 million to a former prisoner who was wrongly convicted of kidnapping and sexual assault based in part on falsified evidence generated by the Houston Police Department’s …
Seventh Circuit Upholds $9,063,000 Award to Illinois Ex-Prisoner Exonerated by DNA by Brandon Sample On December 30, 2008, the U.S. Court of Appeals for the Seventh Circuit upheld a $9,063,000 jury award to a former prisoner, later exonerated by DNA evidence, whose criminal trial was rendered unfair by a police …
Article • January 15, 2010 • from PLN January, 2010
Iowa Supreme Court: Retroactive Good Conduct Time Denial is Unconstitutional, Depending on Date of Conviction by Matthew Clarke by Matt Clarke On January 23, 2009, the Iowa Supreme Court held that state law amendments enacted in 2001 and 2005, which required that certain prisoners must participate in rehabilitative programs to …
New York Politicians Want to Re-Evaluate Civil Confinement Release Law by Matthew Clarke by Matt Clarke Two years ago New York enacted the Sex Offender Management and Treatment Act, which lets a jury release a civilly-committed sex offender from confinement if the state fails to provide sufficient evidence of a …
Seventh Circuit Reverses Dismissal of 8th Amendment and FTCA Medical Claims; Case Settles on Remand for $20,000 by The U.S. Court of Appeals for the Seventh Circuit has reversed, for the second time, a grant of summary judgment to two Bureau of Prisons (BOP) medical employees and the United States …
Article • January 15, 2010 • from PLN January, 2010
New Hampshire City Ordinance Restricting Sex Offender Residency Found Unconstitutional by On July 30, 2009, a New Hampshire state district court held that a city ordinance restricting where sex offenders could live violated the Equal Protection Clause of the New Hampshire Constitution. Richard Jennings, a resident of Dover, was charged …
Article • January 15, 2010 • from PLN January, 2010
PLN Sues Texas Dept. of Criminal Justice Over Censorship; Court Upholds Rights of Book Distributors by Alex Friedmann On November 4, 2009, Prison Legal News filed suit in U.S. District Court for the Southern District of Texas against Brad Livingston, Executive Director of the Texas Dept. of Criminal Justice (TDCJ), …
Oneida County, NY Jail Suicide Litigation Settled for $225,000 by In May 2008 the County of Oneida agreed to pay $100,000, and CNY Services agreed to pay $125,000, in settlement of a wrongful death claim brought by the parents of a 17-year-old detainee who committed suicide in the Oneida County …
Sex with Former Jail Employee Lands Texas Sex Offender Back in Prison by On February 27, 2009, three days after his release from prison, Wydell J. Vaughn, 28, found himself back behind bars for having a romantic relationship with a former jail employee. Vaughn was convicted in 2002 on two …
Article • January 15, 2010 • from PLN January, 2010
California Communities Made Less Safe as Sex Offender Housing Restrictions More Strictly Enforced by Michael Brodheim A December 2008 report by the California Sex Offender Management Board (CASOMB) has found that increased enforcement of laws adopted to protect communities from registered sex offenders has had the unintended effect of making …
Soft Porn, Bribery and Jailed Millionaire Make for a Dangerous Mix by Brandon Sample In April 2007, Joe Francis, 36, the multi-millionaire founder of the popular soft porn Girls Gone Wild videos – which consist of young women exposing themselves at parties, clubs and spring break – was charged with …
Former High-Ranking CIA Official Imprisoned for Corruption by Matthew Clarke by Matt Clarke When the CIA wanted to build secret prisons outside the United States where terrorism suspects could be tortured with impunity, it turned to Kyle “Dusty” Foggo, who ran the agency’s main European supply base in Frankfurt, Germany. …
Texas Supreme Court Rules in Favor of Ex-Prisoner’s Religious Halfway House by Matthew Clarke by Matt Clarke On June 19, 2009, the Texas Supreme Court held that a city zoning ordinance which effectively banned a religious halfway house in the City of Sinton violated the Texas Religious Freedom Restoration Act …
$2.4 Million Settlement in Children’s Death Caused by California Jail Guard’s Driving by A $2.4 million settlement has been reached in a lawsuit involving three children being killed in an automobile accident caused by a California jail guard on the way to work. As Tulare County guard Joseph D. Armstrong …
$1.95 Million Awarded to New Hampshire Guards Falsely Accused of Assaulting Prisoner by David Reutter A New Hampshire jury awarded two former prison guards nearly $2 million upon finding that two of their co-workers had lied about a confrontation with a prisoner, which resulted in their firing. After guards Shawn …
Education for Persons in Detention—A Human Right by Jimmy Franks The positive correlation between increased education and lowered recidivism rates is a long-established fact. Even so, governments worldwide are not always willing or even able to insure that the men, women and children housed in various detention facilities are given …
Four Pennsylvania Jail Guards Fired, Two Resign Over Prisoner Beating by David Reutter by David M. Reutter Four Pennsylvania guards have been fired for beating a prisoner at the Westmoreland County Prison (WCP). The June 8, 2009 incident revealed a cover-up orchestrated by prison guards and their union leader. When …
District Court May Order Martinez Report, Ninth Circuit Holds by A federal district court has the discretion to order the preparation of a Martinez report, the U.S. Court of Appeals for the Ninth Circuit decide. Robert Tuzon, an Arizona prisoner, sued various state prison officials alleging that (1) staff had …
Washington Supreme Court Upholds Denial of Parole for Sex Offender Who Refuses to Admit Guilt by In a 5-4 decision, the Supreme Court of Washington state, sitting en banc, upheld the denial of parole for an untreated sex offender. Richard J. Dyer was convicted of abducting and repeatedly raping two …
Article • January 15, 2010 • from PLN January, 2010
Filed under: Drug Testing, Sentencing, Bail
Washington Pretrial Release UAs Invalidated by In three consolidated criminal cases, the Court of Appeals for Washington state held that a standard pretrial release condition requiring weekly urinalysis (UA) tests was inappropriate. Washington residents Amber Dee Rose, Danielle Wilson and Kevin Wentz were charged with criminal offenses. The state recommended …
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