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Article • August 15, 2013
Massachusetts Jail Subject to Department of Public Health Inspections and Regulations by Massachusetts’ Supreme Judicial Court has held that the Department of Public Health has authority to implement regulations on isolation unit conditions, and the Attorney General can file a civil action to require a sheriff to comply with those …
Article • August 15, 2013
Mentally Ill Federal Prisoner Denied Due Process in Disciplinary Hearing without Adequate Assistance by In 1974, a federal prisoner in Marion, Illinois named William Ross was found guilty of using narcotics and possessing a knife by a disciplinary committee. At the time, he was mentally unable to present a defense, …
Article • August 15, 2013
National Sex Offender Registry Delayed by Costs and Questions by Costs and a juvenile reporting requirement have a few states balking at implementing the Adam Walsh Act, which mandates the creation of a national sex offender registry. Only two states have met the requirements of the Walsh Act despite two …
Article • August 15, 2013
Filed under: Medical, Injury -- Misc.
New York Prisoner Awarded $25,000 in Slip and Fall by A New York Court of Claims has awarded a former prisoner $25,000 for shoulder injuries incurred in a slip and fall accident. The action was filed by Charles Jones, who slipped and fell on a wet substance on the gymnasium …
Article • August 15, 2013
Ninth Circuit Enjoins Arizona’s Race-Based Traffic Stops by In September, 2012, the Ninth Circuit affirmed a district court’s December 2011 order granting preliminary injunctive relief to a class of “Latino persons” who contended that Maricopa County (Arizona) Sheriff’s Department officials were conducting racially discriminatory traffic stops under the pretext of …
Article • August 15, 2013
Ninth Circuit Finds “Two-Step” Interrogation Requires Suppression of Confession in Drug Conviction by The Ninth Circuit Court of Appeals found FBI agents improperly engaged in a “two-step interrogation,” requiring reversal of a drug conviction based upon the confession that was the fruit of that interrogation. Michael D. Barnes became the …
Ninth Circuit Reverses Denial of RFRA DNA Challenge by The Ninth Circuit Court of Appeals held that a lower court erroneously held that an offender’s belief that he can’t give blood was not a religious belief. After pleading guilty to federal charges in California, Gregory Zimmerman was compelled to provide …
Ninth Circuit Upholds BOP Boot Camp Termination by The Ninth Circuit Court of Appeals held that the federal Bureau of Prisons (BOP) did not violate the Administrative Procedures Act (APA) or a prisoner’s constitutional rights when it terminated its boot camp program. Congress passed a law in 1990, authorizing BOP …
Ninth Circuit Vacates Plethysmograph & Medication Conditions by Ninth Circuit Vacates Plethysmograph & Medication Conditions The Ninth Circuit Court of Appeals held that a lower court should have articulated findings supporting special conditions of supervised release requiring a sex offender to submit to plethysmograph testing and medication. In September 2003, …
Article • August 15, 2013
NY FOIL Requires Disclosure of Teacher’s Negotiated Guilty Plea in Disciplinary Action by An unidentified teacher was taken before the New York State Board of Education on unspecified disciplinary charges. The teacher negotiated a guilty plea. An unidentified petitioner filed a motion to compel disclosure of the pertinent documents in …
NY Prison Disciplinary Hearing that Doesn’t Consider Insane Prisoner’s Mental Health Held Invalid by Leon Reed, a New York state prisoner, stabbed another prisoner to death in September of 1976 at the Gaveen Haven Correctional Facility. He was found not guilty of murder in state court by reason of insanity. …
Article • August 15, 2013
NY Prisoner’s Disciplinary Hearing Upheld Against Timeliness and Sufficiency of Evidence Challenges by On October 27, 1991, Michael Colantonio, a New York state prisoner, was found bleeding from a cut on his arm. On November 6, 1991, after a short stay at a special observation unit, Colantino admitted cutting himself …
NY Prisoner’s Sanction for Not Providing Urine Sample for Drug Screening Affirmed by Camilo Infante, a New York state prisoner, failed to provide a urine sample within three hours of a guard’s order to do so for purposes of drug screening. He claimed at his disciplinary hearing that a groin …
Article • August 15, 2013
ODOC to Taser Prisoners by Tasers are coming to the Oregon Department of Corrections (ODOC), and deaths are sure to follow. ODOC amended its “use of force” rules to authorize the use of fifty-thousand-volt electric stun guns, commonly known as Tasers, and other shock devices on prisoners. Nearly one hundred …
Article • August 15, 2013
Oklahoma Guard Acquitted in Prisoner’s Death by An Oklahoma federal jury acquitted a jail guard of violating a prisoner’s civil rights. The charges came from an incident at the Oklahoma County Jail, which resulted in the prisoner’s death. Christopher Beckman, 34, died in a hospital on May 28, 2007. That …
Article • August 15, 2013
PA Cop’s Settlement Agreement in Termination Proceedings Exempt from Disclosure by Jeffrey Cooperstein, a cop in Pittsburgh, Pennsylvania, was fired for misconduct. Cooperstein and the city disposed of some of the issues in a settlement agreement. Timothy McNulty, a reporter for the Pittsburgh Post-Gazette, asked the city for a copy …
Article • August 15, 2013
Bureaucracy Errors that Result in Overdetention Not Deliberate Indifference by The Eleventh Circuit Court of Appeals has held that the overdetention of two prisoners was not due to deliberate indifference on the part of officials at Alabama’s Mobile County Jail. The Court’s ruling affirmed the grant of summary judgment to …
Article • August 15, 2013
California: City Not Liable for Police Officer’s Sexual Assaults on Minor by In January, 2013, the California Court of Appeal held that a statute providing that a “mandated reporter” reporting suspected child abuse to specified agencies cannot be constitutionally construed to require a mandated reporter to report his or her …
Article • August 15, 2013
California: Court Upholds Governor’s Authority to Contract with Out-of-State Private Prisons during Prison Overcrowding State of Emergency by The California Court of Appeal held in 2008 that Governor Schwarzenegger did not exceed his authority when, after invoking the Emergency Services Act (Gov. Code § 8550 et seq.) to issue a …
Article • August 15, 2013
California: Joint Pre-Trial Settlement Offer Valid in Wrongful Death Actions by In March, 2013, the California Court of Appeal affirmed the trial court’s award of expert witness fees to the prevailing party in a wrongful death suit. After Steven McDaniel was killed in a multiple vehicle accident, his wife and …
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