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Conditions in Maricopa County, Arizona Jails Still Unconstitutional by Matthew Clarke by Matt Clarke On October 22, 2008, U.S. District Court Judge Neil V. Wake issued an 83-page order with findings of facts and conclusions of law in a long-running civil rights lawsuit against Maricopa County, Arizona Sheriff Joe Arpaio …
Article • May 15, 2009 • from PLN May, 2009
Hawai’i Supreme Court Holds Takings Clause Requires Payment of Interest on Prisoner Trust Accounts by David Reutter Hawai’i Supreme Court Holds Takings Clause Requires Payment of Interest on Prisoner Trust Accounts by David M. Reutter The Hawai’i Supreme Court has held that prison officials have no statutory authority to divide …
Overdetained California Prisoner Wins $21,800 for False Imprisonment by John Dannenberg by John E. Dannenberg The California Court of Appeal upheld a Superior Court verdict of $21,800 against state prison officials in a lawsuit filed by a prisoner whose eventually-corrected good time credit earning rate resulted in his being released …
Article • May 15, 2009 • from PLN May, 2009
Michigan Auditor General: DOC Overspends Millions on Overtime by Matthew Clarke by Matt Clarke In October 2008, Michigan’s Auditor General released a performance audit on selected personnel and other administrative costs at the Department of Corrections (DOC) for the previous fiscal year. The report revealed that the DOC had overspent …
Article • May 15, 2009 • from PLN May, 2009
Filed under: News, News in Brief
News in Brief: by Florida: On October 7, 2008, Dade County circuit court Judge Maria Espinosa Dennis accused fellow judge David Miller of assaulting her when he attempted to use the fax machine in her chambers. Dennis told police that Miller had “grabbed her by her shoulders and pushed her …
Four BOP Guards Sentenced To Prison For Beating, Cover-Up by Four BOP Guards Sentenced To Prison For Beating, Cover-Up U.S. District Judge Carol B. Ann has ordered four former Bureau of Prisons (BOP) guards to serve time for the beating of a prisoner and subsequent cover-up. Jaime Toro and Glenn …
Article • May 15, 2009
Filed under: News, State Legislation
Texas: 40% of Criminal Jurisprudence Bills Boost Criminal Penalties by Scott Henson 40% of Criminal Jurisprudence bills boost criminal penalties As has probably been the case every legislative session in living memory, bills boosting criminal penalties account for a lion's share of legislation coming out of the Texas House Criminal …
Texas Increasingly out of Step on Death Penalty by David C Fathi By David Fathi Copyright 2009 Houston Chronicle May 23, 2009, 3:44PM Barring unexpected events, in the next few weeks Gov. Rick Perry of Texas will oversee his 200th execution since taking office in 2000. Perry has already allowed …
Due Process Required Before Imposition of Sex Offender Parole Conditions by On June 20, 2008, a Texas federal court held that a parolee’s right to receive due process before onerous sex offender conditions were imposed was clearly established in the Fifth Circuit. Ray Curtis Graham, a Texas state parolee, was …
Article • May 15, 2009
First Circuit Holds $177,729.96 Award for Attorney Fees and Expenses Not Excessive by On April 24, 2008, five Massachusetts jail guards were awarded more than $17,000 in compensatory damages and over $175,000 in attorney's fees and expenses to be paid by Bristol County, Massa¬chusetts Sheriff Thomas Hodgson. Hodgson had accused …
Fourth Circuit Reinstates South Carolina Jail Conditions Suit by On June 20, 1991, the Fourth Circuit Court of Appeals reinstated a South Carolina prisoner's challenge to conditions of confinement at the Lexington County Jail. Leonard Archie Smith, a former South Caroline pre-trial detainee, filed a pro se civil rights action …
Indeterminate Commitment Order Reversed on Appeal by On March 15, 2007, a California superior court erroneously granted a motion requesting the involuntary commitment of David Litmon, Jr. for an indeterminate length of time. The State filed the motion under the terms of Proposition 83, which went into effect in 2006 …
"Institutionalization" Fails as Criminal Defense at Trial and on Appeal by On May 14, 2008, a California court of appeals upheld the conviction of a man who said he committed an inept bank robbery because he wanted to return to prison. Horace Bordelon, a California state prisoner, spent seven years …
Quadriplegic Man Wins Judgment Against Pasadena by A California jury ordered the City of Pasadena to pay just under $79,000 to a quadriplegic man for failing to train its police in the proper handling of quadriplegics. Cornell Greathouse filed suit against the City alleging a laundry list of mistreatments at …
Article • May 15, 2009
Filed under: Media, TV/Movies
Restriction On Rated R and NC-17 Rated Movies Constitutional by On January 16, 2008, U.S. District Judge Patti B. Saris upheld the Massachusetts Department of Correction’s prohibition on the showing of R and NC-17 rated movies to prisoners. Anthony Gaskins, a prisoner at MCI-cedar Junction, sued the Massachusetts DOC alleging …
Rookie Cop Sues Over Forced Resignation by A former rookie Oregon police officer who was forced to resign for reporting her training officer’s egregious misconduct is suing the Portland Police Bureau (PPB). Lindsay K. Hunt realized her dream of becoming a police officer when she was hired by PPB on …
Second Circuit Holds Vienna Convention Does Not Confer Individual Rights On Foreign Nationals by On April 24, 2008, the Second Circuit affirmed a New York district court's decision to dismiss a $1 million complaint filed by a Dominican foreign national, Ricardo A. De Los Santos Mora. The complaint stems from …
Summary Judgment Denied For Arkansas Officials Accused of Excessive Force and Deliberate Indifference by Harry Barnes, U.S. District Judge, has denied summary judgment to a group of Arkansas officials accused of using excessive force and exhibiting deliberate indifference toward serious medical needs in the arrest of an individual. Harry Hill, …
Summary Judgment Denied To United States In FTCA Suit Alleging Sexual Assault By BOP Staff Member by U.S. District Judge Petrese B. Tucker has denied summary judgment to the United States in a Federal Tort Claims Act (FTCA) suit alleging sexual assault by a former BOP staff member. Kimberley Yates, …
Tenth Circuit Reverses Dismissal of Suit for Failure to Prove Exhaustion of Administrative Remedies by On February 5, 2008, the U.S. Court of Appeals for the Tenth Circuit reversed the dismissal of a suit against Corrections Corporation of America (CCA) for failure to prove exhaustion of administrative remedies. Wesley Purkey, …
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