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Article • January 15, 2010
Second Circuit Remands Iqbal v. Ashcroft for Possible Amendment by On July 28, 2009, the Second Circuit Court of Appeals remanded Iqbal v. Ashcroft to the district court for a determination of whether Iqbal should be granted leave to amend his complaint. Javaid Iqbal, a Muslim Pakistani, and Ehad Elmaghraby, …
Article • January 15, 2010
Seventh Circuit Reverses Dismissal Of Medical Care Claims by The U.S. Court of Appeals for the Seventh Circuit has reversed the dismissal of a prisoner’s 42 U.S.C. § 1983 action claiming deliberately indifferent medical care. Vantice Beshears alleged that while incarcerated at the Champaign County Jail, medical staff prescribed and …
Article • January 15, 2010
State Did Not Err In Laying Off Guards by The Appellate Court of Illinois, Fourth District, has reversed a decision by the Illinois Labor Relations Board (ILRB) holding that the State of Illinois failed to bargain in good faith before laying off numerous Illinois prison guards. The decision to lay …
Article • January 15, 2010
Tenth Circuit Reverses Discovery Order In FOIA Case by On July 2, 2009, the U.S. Court of Appeals for the Tenth Circuit reversed a discovery order in a Freedom of Information Act (FOIA) suit permitting depositions of two federal prisoners who allegedly had knowledge of records withheld by the FBI …
Article • January 15, 2010
Time Spent In Drug Treatment While On Probation Not Creditable Toward Sentence by Time spent in an inpatient drug treatment program while on probation cannot be credited toward service of an underlying sentence, the Supreme Court of Kansas decided November 7, 2008. Marsha Preston pled guilty to cocaine possession, and …
Article • January 15, 2010
Filed under: Sentencing, Parole
Trial Court Exceeded Its Authority In Restricting Parole Board’s Discretion by The Court of Appeal of California, Sixth Appellate District, has reversed an order by the Superior Court of Santa Clara County ordering the Board of Parole Hearings to conduct a new hearing to “explain what instances of [Portee’s] commitment …
Article • January 15, 2010 • from PLN January, 2010
$1.31 Million Award to Wrongfully Jailed California Man by A California federal jury awarded $1.31 million to a man who spent eight months in jail for being unlawfully arrested on a home invasion murder he did not commit. Within eight hours of the November 1, 2005 crime, Edmond Ovasapyan was …
$13,500 Settlement in Washington Sex Discrimination Claim; Public Records Act Violation by The State of Washington has paid $13,500 to settle the Public Records Act and gender discrimination suit of Marge Southard, a counselor for the Department of Social and Health Services (DSHS). Southard was employed by DSHS as a …
Article • January 15, 2010
$20,000 Settlement by King County in Assault, False Imprisonment Claim by Washington State’s King County has settled an excessive force and false imprisonment claim for $20,000. The claim, brought by Bradley T. Nebinger, sought compensation for injuries incurred at the jail on March 4, 2006. Nebinger claimed that he was …
Article • January 15, 2010
$100,000 Settlement in Assault and Battery Claim During Baltimore Youth’s Arrest by A $100,000 settlement was reached in a lawsuit that claimed a Baltimore City police officer was too aggressive when subduing a teenager, causing serious internal injuries. While patrolling an area on January 27, 2007, which had experienced a …
Article • January 15, 2010
CJA Reimbursements Unappealable, Tenth Circuit Decides by Attorneys appointed pursuant to the Criminal Justice Act (CJA) cannot appeal CJA compensation or reimbursements, the U.S. Court of Appeals for the Tenth Circuit decided February 24, 2009. William Lunn was appointed to represent Sheila French at a resentencing proceeding. Lunn submitted a …
Article • January 15, 2010
Defendants Lack Standing To Challenge SORNA Under Tenth Amendment by On May 13, 2009, the U.S. Court of Appeals for the Eighth Circuit rejected on grounds of standing a Tenth Amendment and Administrative Procedure Act (APA) challenge to the Sex Offender Registration and Notification Act (SORNA). Scott Hacker pled guilty …
Eighth Circuit Rejects Failure to Protect Claim by On July 9, 2009, the U.S. Court of Appeals for the Eighth Circuit rejected a failure to protect claim brought by the family of a prisoner who was killed at the Sherburne County Jail in Minnesota. Carl Moyle was killed by his …
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 …
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