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No Abuse of Discretion in Denying Defendant’s Plea Withdrawal and Sentencing

Article • November 16, 2015

Filed under: Sentencing, U.S. Sentencing Guidelines

No Abuse of Discretion in Denying Defendant’s Plea Withdrawal and Sentencing by No Abuse of Discretion in Denying Defendant’s Plea Withdrawal and Sentencing The United States Court of Appeals for the First Circuit has held that a lower court did not abuse its discretion in sentencing a prisoner based on …

Court Rules National Geographic and Naturist Catalogue Pictures Not Child Pornography

Article • November 6, 2015

Filed under: Art, Prisoner Property, State Statutes

Court Rules National Geographic and Naturist Catalogue Pictures Not Child Pornography by Court Rules National Geographic and Naturist Catalogue Pictures Not Child Pornography John Rex is a prisoner at the Massachusetts Correctional Institution at Norfolk. On August 31, 2011, after a search of Rex's cell, guards found an envelope containing …

Cebek v. Massachusetts, MA, Memorandum and Order Re Dr. David Hammond Motion for Summary Judgment, Wrongful Death, Deliberate Indifference, 2015

Brief • November 4, 2015

Filed under: Medical Neglect/Malpractice, Failure to Treat (Mental Illness)

Cebek v. Massachusetts, MA, Memorandum and Order Re Dr. David Hammond Motion for Summary Judgment, Wrongful Death, Deliberate Indifference, 2015 I Ol\fi COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. 11-01980-C Notice sent 8/12/2015 H. E. P. LAW OFFS. OF H. P. , PC. R. A. S. D. …

Cebek v. Massachusetts, MA, Memorandum and Order, Correction Officers Consolidated Motion for Summary Judgment, Wrongful Death, Mental Illness, 2015

Brief • November 4, 2015

Filed under: Medical Neglect/Malpractice, Failure to Treat (Mental Illness)

Cebek v. Massachusetts, MA, Memorandum and Order, Correction Officers Consolidated Motion for Summary Judgment, Wrongful Death, Mental Illness, 2015 N01\t1 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. 11-01980-C CHLOE CEBEK, administrator of ESTATE OF RICHARD CEBEK Notice sent 8/13/2015 H. E . P. LAW OFFS. OF v. …

Cebek v. Massachusetts, MA, Memorandum and Order, Leue and Pappas Motion for Summary Judgment, Negligence, Wrongful Death, Mental Illness, 2015

Brief • November 4, 2015

Filed under: Drug/Alcohol Withdrawal, Medical Neglect/Malpractice, Failure to Treat (Mental Illness)

Cebek v. Massachusetts, MA, Memorandum and Order, Leue and Pappas Motion for Summary Judgment, Negligence, Wrongful Death, Mental Illness, 2015 NOTIFY COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. 11-01980-C Notice sent CHLOE CEBEK, administrator of ESTATE OF RICHARD CEBEK v. 8/13/2015 H. E. P. LAW OFFS . …

News in Brief

Article • October 26, 2015 • from PLN November, 2015

News in Brief by News in Brief California: On April 21, 2015, San Francisco Sheriff Ross Mirkarimi announced that 30 body cameras would soon be deployed by jailers working within Jail No. 4. He said he hopes that the new equipment will emphasize transparency and accountability in his department, which …

Massachusetts Supreme Court Rules on Fallout Procedures Implemented After Crime Lab Scandal

Article • October 19, 2015

Filed under: Police Misconduct, Government Misconduct, Evidentiary Ruling, New Trial Motions

Massachusetts Supreme Court Rules on Fallout Procedures Implemented After Crime Lab Scandal by Matthew Clarke Massachusetts Supreme Court Rules on Fallout Procedures Implemented After Crime Lab Scandal by Matt Clarke On July 22, 2013, the Supreme Court of Massachusetts issued an opinion in three cases dealing with the validity of …

Perry v. Roy, MA, Civil Judgment for Plaintiff, 2015

Brief • October 6, 2015

Perry v. Roy, MA, Civil Judgment for Plaintiff, 2015 Case 1:10-cv-10769-FDS Document 216 Filed 10/06/15 Page 1 of 1 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS _____________________________________ ) RICO PERRY, ) ) Plaintiff, ) ) v. ) ) SUSIE ROY and CLAIRE ROCHA, ) ) Defendants. ) _____________________________________) Civil Action …

Suit Alleging Prisoner’s Retaliatory Transfer to Out-of-State Prison May be Brought in Receiving State’s Courts

Article • October 5, 2015

Filed under: Retaliation for Litigating, Civil Procedure

Suit Alleging Prisoner’s Retaliatory Transfer to Out-of-State Prison May be Brought in Receiving State’s Courts by Suit Alleging Prisoner’s Retaliatory Transfer to Out-of-State Prison May be Brought in Receiving State’s Courts In April 2008, the First Circuit Court of Appeals held that a lawsuit alleging that a prisoner had been …

Stamps v. Town of Framingham, MA, Brief of Amici Curiae, Wrongful Death Police Shooting, 2015

Brief • September 29, 2015

Filed under: Shootings, Qualified Immunity, Police--Excessive Force

Stamps v. Town of Framingham, MA, Brief of Amici Curiae, Wrongful Death Police Shooting, 2015 Case: 15-1141 Document: 00116895544 Page: 1 Date Filed: 09/29/2015 Entry ID: 5941384 15-1141 UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT EURIE A. STAMPS, JR. and NORMA BUSHFAN, Co-Administrators of the Estate of Eurie …

News In Brief

Article • September 24, 2015 • from PLN October, 2015

Filed under: News in Brief

News In Brief by Alabama: On April 9, 2013, Kenneth Wayne Patton was arrested on a domestic violence charge. When he arrived at the Etowah County Jail, he informed guards that he used to be employed at the St. Clair Correctional Facility and should be put in protective custody. Despite …

Safety at Any Price - Massachusetts Corrections Fiscal Failure

Article • September 22, 2015

Filed under: Statistics/Trends, Parole, Probation

Safety at Any Price - Massachusetts Corrections Fiscal Failure by Bob Williams Safety at Any Price - Massachusetts Corrections Fiscal Failure by Bob Williams The guiding fiscal model of the Massachusetts criminal justice system for decades has been “safety at any price,” according to a December 2009 report by The …

$632,782 Awarded to Wrongfully Arrested Man

Article • September 22, 2015

Filed under: False Arrest

$632,782 Awarded to Wrongfully Arrested Man by $632,782 Awarded to Wrongfully Arrested Man A Massachusetts federal district court entered a judgment for $632,782 after a jury found a man was falsely arrested for the murder of a 75-year-old woman. The woman was stabbed at least 29 times and sustained serious …

Swiridowsky-Muckle v. Siopes et al, MA, Settlement & Press Release, jail death alcohol poisoning, 2015

Brief • July 6, 2015

Filed under: Jail Misconduct, Drug/Alcohol Withdrawal, Jail Specific, Medical Neglect/Malpractice

Swiridowsky-Muckle v. Siopes et al, MA, Settlement & Press Release, jail death alcohol poisoning, 2015 PRESS RELEASE Law Offices of Howard Friedman P.C. • 90 Canal Street • Boston, MA 02114 • (617) 742-4100 • Fax: (617) 303-3938 For Immediate Release: Date: July 8, 2015 Contact: Attorney Howard Friedman Phone: …

Fowler et al. v. Commissioner of MA Department of Correction, MA, Class Action Complaint, Hepatitis C Medical Malpractice, 2015

Brief • June 10, 2015

Filed under: Medication, Hepatitis, Eighth Amendment, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights

Fowler et al. v. Commissioner of MA Department of Correction, MA, Class Action Complaint, Hepatitis C Medical Malpractice, 2015 Case 1:15-cv-12298-NMG Document 1 Filed 06/10/15 Page 1 of 17 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS EMILIAN PASZKO and JEFFREY FOWLER, on behalf of themselves and all others similarly situated, …

Swiridowsky-Muckle v. Siopes et al, MA, Settlement Agreement - Brame, 2015

Brief • June 7, 2015

Filed under: Settlements

Swiridowsky-Muckle v. Siopes et al, MA, Settlement Agreement - Brame, 2015 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS __________________________________________ ) ALICE SWIRIDOWSKY-MUCKLE, ) as Personal Representative of the estate of ) Alyssa Marie Brame, ) ) Plaintiff, ) ) v. ) Civil Action No. 15-11777-RGS ) THOMAS SIOPES, MICHAEL KILMARTIN, …

First Circuit Vacates Massachusetts Prisoner’s $325,956.36 Damages, Attorney Fee Award

Article • May 6, 2015 • from PLN May, 2015

Filed under: Wrongful Imprisonment

First Circuit Vacates Massachusetts Prisoner’s $325,956.36 Damages, Attorney Fee Award by Matthew Clarke First Circuit Vacates Massachusetts Prisoner’s $325,956.36 Damages, Attorney Fee Award by Mark Wilson On September 24, 2014, the First Circuit Court of Appeals held that Massachusetts prison officials were entitled to qualified immunity for segregating a pretrial …

Santiago v Lafferty, MA, Order denying 50 MTI for PO, improper use of informants, 2015

Brief • February 19, 2015

Filed under: Police Misconduct, Informants

Santiago v Lafferty, MA, Order denying 50 MTI for PO, improper use of informants, 2015 Case 1:13-cv-12172-IT Document 103 Filed 02/19/15 Page 1 of 15 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS JONATHAN SANTIAGO, * * Plaintiff, * * v. * * THOMAS LAFFERTY and CITY OF * LOWELL, * …

Whyte v. Suffolk County Sheriff's Department, MA, Class Action Complaint, failure to pay immigration detainee laborers, 2015

Brief • February 12, 2015

Filed under: Jail Misconduct, Prison Labor, Immigration

Whyte v. Suffolk County Sheriff's Department, MA, Class Action Complaint, failure to pay immigration detainee laborers, 2015 COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT SUFFOLK, SS Civil Action No. ANTHONY WHYTE, Individually and on behalf of all others similarly situated, Plaintiffs, v. SUFFOLK COUNTY SHERIFF’S DEPARTMENT and COMMONWEALTH OF MASSACHUSETTS, Defendants. …

Thompson v. Barboza, MA, Complaint, false arrest, 2014

Brief • December 8, 2014

Filed under: False Arrest

Thompson v. Barboza, MA, Complaint, false arrest, 2014 Case 1:14-cv-14355-RGS Document 1 Filed 12/08/14 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS GEORGE THOMPSON, Plaintiff, v. THOMAS BARBOZA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) C.A. No. 14-14355 COMPLAINT INTRODUCTION 1. …