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Article • July 15, 2009
Iowa Sex Offenders May Be Civilly Committed Based on Lifetime Risk of Future Dangerousness by Sex offenders in Iowa may be civilly committed based on their lifetime risk of future dangerousness, the Supreme Court of Iowa held May 9, 2008. Bryan Pierce was convicted in 1987 and 2000 for sexual …
Jury Awards Guard $150,000 for Retaliation; Court Awards an Additional $800,000 by A Nassau County federal jury has awarded a county jail guard $150,000 for discrimination and retaliation that occurred as a result of a prior sexual harassment suit. Patricia Luca, a guard for 12 years, sued Nassau County, its …
Article • July 15, 2009
Lay Opinion Testimony of Guard that Prisoner was Attempting to Throw Other Guard Over Railing Admissible by On April 30, 2008, the California Court of Appeals for the Fifth District affirmed the conviction of a California prisoner for assault with malice aforethought on a guard. Michael Gaddy was charged with …
Lesbian Guard Awarded $200,000 for Unlawful Discrimination, Retaliation by A New York appellate court has upheld an award of damages for a lesbian guard who was subjected to unlawful discrimination and retaliation. Alicia Humig, the only female guard on her cell block at the Wende Correctional Facilitiy, filed a complaint …
Marsden Hearing Required When Defendant Puts Forward Plausible Ineffective Assistance of Counsel Claim by On April 11, 2008, the Court of Appeal of the State of California, Fifth District, remanded a criminal case for a hearing to determine whether an attorney was ineffective for failing to call two witnesses in …
Massachusetts Agrees to Improves Conditions for Protective Custody Prisoners by The Commonwealth of Massachusetts agreed to improve the living conditions of prisoners in protective custody in response to a class action suit filed in the 1970s. The agreement was finalized in June 1980. The agreement requires the Commonwealth to give …
Article • July 15, 2009
Medicare Is “Victim” Under Pennsylvania Restitution Statute by Medicare is a “victim” for the purpose of receiving restitution under Pennsylvania law, the Superior Court of Pennsylvania decided July 16, 2008. Gregory Ricky Brown was ordered to pay $509.65 to Medicare as restitution for a criminal offense. Brown appealed, arguing that …
Court Enforces Settlement Agreement Despite Absence of Confidentiality Clause by U.S. District Judge Joe Billy McDade has ordered the enforcement of a settlement agreement between the State of Illinois and the family of a prisoner who died in his cell due to hypothermia. The estate of Charles Platcher sued Illinois …
Court Refuses to Overturn Guard’s Civil Rights Conviction by U.S. District Judge Jack Zouhary has denied a former guard’s Rule 29 motion for judgment of acquittal. Seth Burke was charged with civil rights violations for using excessive force on prisoners at the Lucas County Jail in Ohio. Burke kicked one …
Court Rejects Claims by Chaplains Duped Into Working for Free by A California court has rejected a suit by a group of chaplains who alleged that they were not paid overtime for their work in excess of eight hours a day and/or 40 hours a week. The chaplains sued Santa …
Article • July 15, 2009
Court Rejects Self-Analysis Privilege; Orders Jail Officials to Comply with Subpoena by U.S. Magistrate Judge Diane Welsh has granted a motion to enforce a subpoena for records in a class action suit challenging the adequacy of medical care at the Bucks County Correctional Facility in Pennsylvania. The plaintiffs served a …
Article • July 15, 2009
Denial of Application to Proceed In Forma Pauperis Constitutes a “Strike” Under PLRA by A denial of leave to proceed in forma pauperis (IFP) constitutes a “strike” under the Prison Litigation Reform Act’s (PLRA) IFP provisions, the Ninth Circuit held July 14, 2008. Louis O’Neal brought suit against a California …
Article • July 15, 2009
Discretionary Function Exception Shields State from Liability in MTCA Action by On June 21, 1999, the Supreme Judicial Court of Maine affirmed a grant of summary judgment to the State of Maine in a Maine Tort Claims Act (MTCA) case regarding the alleged negligence of a guard who closed a …
Article • July 15, 2009
DNA Collection from Probationers Does Not Violate Fourth Amendment by The collection of DNA from probationers does not run afoul of the Fourth Amendment, the U.S. Court of Appeals for the First Circuit decided July 7, 2008. The court’s decision comes in an appeal by the government from a lower …
Eighth Circuit Rejects Reckless Investigation Claim by On April 8, 2008, the U.S. Court of Appeals for the Eighth Circuit rejected a lawsuit brought by a former prisoner against a prison investigator for his role in the prisoner’s murder conviction and resulting death sentence. Joseph Amrine sued George Brooks, a …
Eleventh Circuit Reverses Dismissal of 8th Amendment Medical Indifference Claim by The U.S. Court of Appeals for the Eleventh Circuit has reversed the dismissal of a lawsuit brought by a federal prisoner alleging deliberate indifference to his serious medical needs. Enrique Acosta brought suit against unknown named personnel of the …
Article • July 15, 2009
ETS Exposure Suit Allowed to Proceed Despite Facility No Smoking Policy by U.S. District Judge Joseph A. Greenway, Jr. has denied a motion to dismiss for failure to state a claim in an action alleging cruel and unusual punishment in relation to a prisoner’s exposure to environmental tobacco smoke (ETS). …
Article • July 15, 2009
Prison Officials Must Assist Prisoners in Getting Married by Failing to assist a prisoner in getting married is a cognizable First Amendment violation, the U.S. Court of Appeals for the Sixth Circuit decided on July 31, 2003. Laura Toms and Ira Chaiffetz, an Ohio prisoner, had a hard time getting …
Article • July 15, 2009
Supreme Court Holds Magistrate Judge May Conduct Voir Dire Without Defendant’s Personal Consent by A federal magistrate judge may conduct voir dire in a criminal case upon consent of a defendant’s attorney. No personal consent by a defendant is necessary, the Supreme Court decided May 12, 2008. Homero Gonzalez was …
Article • July 15, 2009
Prison’s Littlest Victims by David C Fathi By David Fathi The US criminal justice system may be on the verge of its biggest overhaul in decades. Senator Jim Webb (D-VA) is sponsoring a bill to establish a blue-ribbon commission to conduct a comprehensive review of the criminal justice system and …
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