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Sixth Circuit Vacates Section 1915(e)(2) Dismissal of Discrimination Claim by The Sixth Circuit Court of Appeals vacated a lower court’s sua sponte dismissal of a Kentucky prisoner’s race discrimination claim as frivolous under 28 U.S.C. § 1915(e)(2). Kentucky prisoner DeWayne Brand, an African-American, shared a cell with white prisoner Troy …
Article • August 15, 2013
Teen Assaulted by Cop Settles for Military School by Clackamas County, Oregon, “got off cheap,” as the family of a teenager who was assaulted by a sheriff’s deputy has agreed not to sue, in a settlement that sends the boy to military school. On July 14, 2007, Nathan E. Smith, …
Article • August 15, 2013
Tenth Circuit: No Qualified Immunity for Strip Search by The Tenth Circuit Court of Appeals affirmed the denial of qualified immunity to a deputy who conducted an improper strip search of a woman confined due to mistaken identity. On April 18, 2005, Lakewood, Colorado police responded to an altercation between …
Article • August 15, 2013
Texas Lie Detectors Go Without Effective Regulation by Texas polygraph examiners are not subject to effective regulation, according to a recent report by the Sunset Advisory Commission, which reports to the Texas Legislature. Passing a lie-detector test can be crucial to getting or keeping a job. Key to ensuring the …
Article • August 15, 2013
The Justice Project Calls for Jailhouse Snitch Reforms by Snitch-dependent prosecutions are the leading cause of wrongful convictions in capital cases, according to a 2005 report of the Center on Wrongful Convictions at Northwestern University School of Law. As of May 11, 2007, over 120 people have been exonerated from …
Article • August 15, 2013
Third Circuit Permits Institutionalized Persons to Challenge Proposed Class Action Settlement Agreement by In December 2012, the Third Circuit Court of Appeals held that the United States District Court for the Middle District of Pennsylvania had abused its discretion by denying intervention as of right pursuant to Fed. R. Civ. …
Article • August 15, 2013
Trustee Awarded $335,407 for Job-Related Accident by Larry D. Hollie, a Louisiana prisoner, was working to repair potholes when the hot mix asphalt truck he was working on suddenly shifted. Hollie fell, hitting his lower back and hip area on the ground. He “suffered a lumbrosacral strain with a herniated …
Article • August 15, 2013
Two Victims of Police Misconduct Settled Lawsuit for $550,000 by Two victims of false arrest and planted drugs settled their lawsuit with the County of Los Angeles for $550,000. The County of Los Angeles agreed to pay $550,000 to Tatiana Lopez and Miguel Amarillas to settle a federal lawsuit on …
Article • August 15, 2013
Washington DOC May Rehear Bungled Disciplinary Infractions While First Outcome Is Under Judicial Review by The Washington State Supreme Court (Supreme Court) has ruled that the State Department of Corrections (DOC) may rehear prison disciplinary infractions while the propriety of the first proceeding is being challenged in court. On July …
Article • August 15, 2013
Washington Prison Instructors Teach Racism and Brutality by An assessment of the Washington State Criminal Justice Training Commission (CJTC) revealed that instructors were teaching trainees how to abuse prisoners and to treat citizens improperly. So far, three instructors have been terminated, but one alleges his firing was retaliation for reporting …
Article • August 15, 2013
Washington Work Release Reduces Recidivism by A report of the Washington State Institute for Public Policy (WSIPP) found that Washington Department of Corrections (WDOC) work release reduces total recidivism by 2.8 percent and felony recidivism by 1.8 percent, but had no effect on violent felony recidivism. The report concludes that …
Article • August 15, 2013
TN Public Records Act Requires Disclosure of Police Report by A suicide victim’s wife told police officers investigating the death that her husband killed himself after he found out about her extramarital affair. A reporter for the Jackson Sun requested the police report, and the city successfully moved the Equity …
Damages for Improper Segregation Needs Resolution by Jury by The Second Circuit Court of Appeals held prison officials were entitled to a jury trial to determine damages caused by the failure to call witnesses at a disciplinary hearing. A prisoner at New York’s Attica Correctional Facility was charged with assault …
Article • August 15, 2013
Filed under: Searches, Drug Testing
Airline Mechanic’s Termination for Failure to Provide Urine for Drug Testing Affirmed by William King, a mechanic for Northwest Airlines, was directed to provide a urine specimen for drug testing. The tester reported to his supervisor that King failed to provide the specimen within 3 hours, which King initially didn’t …
Article • August 15, 2013
Audit Report Recommends Michigan Privatize Prisoner Food Services by An audit report of the prisoner food service operations of the Michigan Department of Corrections (MDOC) found deficiencies that increase costs to taxpayers. Amongst the recommendations to cure those issues was to privatize those operations. The June, 2008, report by Michigan’s …
Article • August 15, 2013
Florida Prisons End Religious Diet Accommodation by The Florida Department of Corrections (FDOC) has ended a four-year-long program that provided Jewish and Muslim prisoners with meals that satisfy their religious requirements. Originally, the program was aimed solely at Jewish prisoners. Costs and fairness were cited as the factors to end …
Article • August 15, 2013
Florida Sheriff’s Moonlighting Activities Under Investigation by Federal prosecutors are investigating if Florida’s Broward County Sheriff, Ken Jenne, has defrauded the public under the “honest services mail and wire fraud” sections of federal law. The probe began with subpoenas for Jenne’s bank records and those of other Broward County Sheriff’s …
Article • August 15, 2013
FOIA: Administrative Appeal Remedies Deemed Exhausted when Agency Fails to Timely Determine Scope of its Intended Response by In April, 2013, the D.C. Circuit clarified the circumstances under which an agency response to a request for records under the Freedom of Information Act (FOIA) is (in)sufficient to trigger the requirement …
Article • August 15, 2013
Fourth Amendment: Unclear When Social Workers Violate by A U.S. appellate court held that three state social workers were entitled to qualified immunity from Fourth Amendment violations while a sheriff’s deputy was not. The U.S. Court of Appeals, Sixth Circuit, reviewed the decision of a U.S. District Court in Tennessee …
Article • August 15, 2013
Habeas Relief Unavailable for Civil Rights Violations by The U.S. Court of Appeals for the Seventh Circuit (7th Circuit) has affirmed a District Court’s dismissal of a prisoner’s habeas action because it presented only civil rights claims. In March of 2001, Steven Glaus began hepatitis C (hep C) treatment at …
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