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Washington Jail Prisoners Suffer from Overcrowding, Abusive Guards, Inadequate Health Care and Indifferent Politicians by Roger Smith Since the mid-1990s, Washington State jail populations have increased exponentially. Obsolete facilities built decades ago to hold a handful of prisoners are now packed like sardine tins, with as many prisoners sleeping on …
Release of Medically Incapacitated Prisoners Could Save California Taxpayers Hundreds of Millions in a Time of Budget Crisis by Release of Medically Incapacitated Inmates Could Save California Taxpayers Hundreds of Millions in a Time of Budget Crisis Will the Board of Parole Hearings and the Schwarzenegger Administration Follow the Law? …
Article • May 15, 2008 • from PLN May, 2008
Innocent California Prisoner Paid $3,171,000 For 12 Years Wrongful incarceration by An East Palo Alto, California auto mechanic who served 12 years in state prison for a first degree murder he did not commit was paid $421,000 by the state plus $2.75 million by the County of Santa Clara. Rick …
Article • May 15, 2008
Supreme Court Discusses Right to Travel by The right to travel has been upheld in several Supreme Court decisions, but its source has not been identified. Non-residents' right to equal treatment is protected by the Privileges and Immunities Clause of Article IV absent a "substantial reason" to treat them differently. …
Article • May 15, 2008
BOP Early Release Suit Subject to PLRA by The Bureau of Prisons' determination that petitioner is ineligible for early release is something that happened at the prison rather than a continuation of the criminal case, so the PLRA applies, rather than habeas rules. The petitioner filed a notice of appeal. …
Article • May 15, 2008
Texas Clemency Procedures Constitutional by The Texas clemency procedures did not deny due process. Only minimal procedural safeguards apply. Prisoners can submit whatever information they want and the Board members review whatever they think is material to the request. That is enough. See: Faulder v. Texas Bd. of Pardons & …
Article • May 15, 2008
Habeas Granted for Defendant Shackled at Trial by A criminal court determined that it would order a criminal defendant shackled during his trial, without establishing a compelling need for the shackling. At 636: "Because visible shackling during trial is so likely to cause a defendant prejudice, it is permitted only …
Article • May 15, 2008
BOP Legally Enacted Rules Restricting Early Release for Drug Treated Prisoners by The Bureau of Prisons acted within its authority by making prisoners who were convicted of being a felon in possession of a firearm, or had had their sentences enhanced for possession of a dangerous weapon while committing a …
Article • May 15, 2008
Dismissal of Suit Against Parole Commissioner Reversed by The plaintiff alleged that a parole commissioner delayed his release for several months without justification. The district court should not have dismissed on grounds of absolute immunity without a record showing whether the commissioner's actions were quasi-adjudicative (warranting immunity) or administrative (not …
Article • May 15, 2008
Exclusion of Violent Offenders from BOP Good Time Program Upheld by The petitioner was denied a sentence reduction after he had successfully completed a substance abuse program. The Federal Bureau of Prisons did not exceed its statutory authority in excluding prisoners who had prior, rather than current, convictions for violent …
Article • May 15, 2008
Colorado law Denying Bail to Criminal Aliens Unconstitutional by A statute requiring that criminal aliens detained for deportation hearings be held without bond denies due process on its face because, substantively, it is a deprivation of liberty and is not narrowly tailored to meet valid legislative goals, and procedurally, denies …
County Immune for Holding Federal Detainee Without Court Hearing by The plaintiff, a federal detainee held in a county jail, was detained for 12 days before being taken before a judicial officer. The Feds settled. The County could not be held liable because its actions did not cause the deprivation: …
Article • May 15, 2008
Court Dismissed Suit Over Reversed Disciplinary Charges by The plaintiff says that the defendants were responsible for issuing disciplinary reports against him that were overturned. At 1351: "Defendants correctly concede that such a claim may be cognizable under 1983 if the Reports resulted in the lengthening of Plaintiff's term of …
Article • May 15, 2008
Heck Bars Suit Over Improper Parole Records by The plaintiff complained that various agencies failed to amend an incorrect statement in his pre-sentence report, which was in his prison records, and which resulted in his being denied parole. He asked inter alia for an "immediate parole board interview." The court …
Article • May 15, 2008
Maryland Prison Officials Get Qualified Immunity for Prisoner “Retake” Orders by Maryland Prison Officials Get Qualified Immunity for Prisoner "Retake" Orders Based on a state appellate decision concerning sentence credit, prison officials decided they had released some prisoners incorrectly, so they had them arrested and reincarcerated through "retake orders." The …
Brief • April 21, 2008
Filed under: Wrongful Conviction
In re McCray, et. al., NY, Amended Complaint, Central Park Five Wrongful Conviction, 2008 Case 1:03-cv-09685-RLE Document 47 Filed 04/21/08 Page 1 of 30 Myron Beldock, Esq. (MB-4076) Karen Dippold, Esq. (KD-2966) Sofia Yakren, Esq. (SY-4874) Beldock Levine & Hoffman LLP 99 Park Avenue - Suite 1600 New York, New …
As Connecticut's Prison Population Increases, So Does the Number of Imprisoned Mentally Ill by David Reutter by David M. Reutter Like other prison systems throughout the nation, Connecticut's is reaching peak capacity. In the midst of dealing with overcrowding and parole issues, the Connecticut Department of Correction (CDOC) must also …
Article • April 15, 2008 • from PLN April, 2008
Pennsylvania Lifers' Commutation-Law Ex Post Facto Suit Remanded to Determine Standing by John Dannenberg by John D. Dannenberg In 1997, an amalgam of Pennsylvania prisoners, taxpayers and public interest groups sued the Pennsylvania Board of Pardons (Board) and top state officials in U.S. District Court, challenging restrictive 1997 amendments to …
Administrative Errors and Poor PHS Medical Care Precede Chronically Ill Vermont Prisoner's Death by David Reutter by David M. Reutter A Report by the Vermont Protection and Advocacy System (VP & A) has found breakdowns by staff of the Vermont Department of Corrections (VDOC) in its furlough procedure and troubling …
California Sex Offenders Uprooted by New Restrictive Residency Law by California?s pernicious ?Jessica?s Law,? overwhelmingly approved by voters on November 7, 2006 as a result of Proposition 83, restricts certain paroled sex offenders from living within 2,000 feet of a school, park or other areas where children are present. As …
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