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Article • April 15, 2009
Filed under: Protests, Immigration, Media
VICTORY AT PASSAIC COUNTY JAIL by Flavia Alaya What Do We Do Now? Flavia Alaya Sunday night, January 8, the 2000 odd inmates of the County jail in Paterson NJ were in total lockdown. There’d apparently been a screaming melee involving a number of prisoners and guards during the day. …
Article • April 15, 2009
Filed under: Civil Procedure, Service
Second Circuit Reverses Fed.R.Civ.P. 4(m) Dismissal for Non-Service by The Second Circuit Court of Appeals reversed a lower court’s Fed.R.Civ.P. 4(m) dismissal due to the plaintiff’s failure to serve the defendant within 120 days of filing his complaint. The appellate court found the record was unclear as to whether the …
Article • April 15, 2009
Iowa Parental Rights Not Terminated Upon Imprisonment by The Iowa Court of Appeals has upheld a lower court’s order refusing to terminate the parental rights of a couple imprisoned for selling drugs in the presence of their minor children. On January 22, 2007, Juan and Maria were arrested for selling …
Article • April 15, 2009
California Sexual Predators Have Right to Testify at Civil Commitment Hearings by The Supreme Court of California has held that a defendant in a sexually violent predator proceeding does have California and federal constitutional rights to testify over counsel’s objection, but that refusing to allow the testimony is a harmless …
Class Certification Granted to Illinois Prisoners In Retaliation Lawsuit by A federal district court in Illinois has granted class certification to a group of prisoners. The plaintiffs are current and former Illinois Department of Corrections (IDOC) prisoners housed in the maximum security unit at Tamms Correctional Center (TCC). The lawsuit …
Federal Prison Officials Granted Qualified Immunity in Colorado by A federal district court in Colorado has granted qualified immunity to the warden and associate wardens of the United States Penitentiary, Administrative Maximum Unit (ADX) in regards to a lawsuit filed by a federal prisoner. Prisoner Ahmed Ajaj filed suit against …
Article • April 15, 2009
Florida Supreme Court Rules Secondary Public Defenders Office Constitutional by The Supreme Court of Florida has ruled constitutional the creation of a back-up to the public defenders office. The Florida Association of Criminal Defense Lawyers, Inc. filed suit, alleging that the state had violated article V, section 18 of the …
Article • April 15, 2009
Florida Legislature Proposes Automatic Restoration of Felons’ Civil Rights by David Reutter by David M. Reutter “I believe in personal redemption, that people can learn from their mistakes, and that people who take those lessons to heart and apply them to their lives deserve a second chance," proclaims Florida Governor …
Article • April 15, 2009
Time Spent in Civil Commitment Detention Credited Toward Criminal Sentence by Florida’s Fourth District Court of Appeal has held that there is no meaningful distinction between incarceration in prison or jail and confinement in a sex offender civil commitment facility, for the purposes of sentence calculation. The Court’s ruling came …
Guards Presence Not Necessary During Deposition in Georgia by A Georgia federal district court has held that refusal to participate in a deposition is not sufficient to warrant dismissal. This case was filed by prisoner Stanley Farley for a retaliatory beating by guards at Georgia State Prison. He was beaten …
Nebraska Muslim Prisoner Wins Religious Concessions by John E Dannenberg A high-security Muslim prisoner at the Tecumseh State Correctional Institution (TSCI) sued prison officials for violating basic tenets of his religion by allegedly restricting religious practices “dictated” by his beliefs. He claimed he needed daily showers, a kosher diet, and …
Article • April 15, 2009
Ninth Circuit: California Governor’s Reversal Of Lifer’s Parole Violates Due Process Absent Some Evidence Of Current Dangerousness; Rehearing En Banc Granted by In a major victory for California lifers, the Ninth Circuit U.S. Court of Appeals held that a second-degree murderer who had done 27 years on a 15-life sentence …
Article • April 15, 2009
BOP Agrees To Provide Prisoner with BOPDOCS Disc by On August 24, 2007, the Bureau of Prisons (BOP) settled a portion of a lawsuit brought under the Freedom of Information Act (FOIA) by a federal prisoner for a copy of its BOPDOCS disc. Brandon Sample, a federal prisoner and PLN …
City Agrees to Pay $2,500,000 to Private Prison Company by On April 16, 2001, the City of Delta Junction, Alaska agreed to settle a suit brought by prison officials over a failed attempt to construct a private prison at Fort Greely, Alaska. After Fort Greely was slated for closing by …
Article • April 15, 2009
Court Orders BOP to Recalculate Prisoner’s Good Time by On January 10, 2007, U.S. Magistrate Judge Janice M. Stewart granted a habeas corpus petition filed by a federal prisoner who alleged that the Bureau of Prisons (BOP) miscalculated his good conduct time (GCT). George Scott Kelly was convicted of felony …
Court Orders Disclosure of Medical Records; Reverses Itself Next Day by U.S. District Judge Gary L. Sharpe ordered the release of medical records of 30 prisoners to class counsel in a civil rights action challenging the adequacy of care provided to HIV positive New York prisoners after the prisoners objected …
Article • April 15, 2009
Connecticut Deaf Couple Receive $50,000 to Settle Pepper Spray, Excessive Force Claim by A Connecticut police department settled an excessive force claim for $50,000. This civil rights action was brought by a deaf couple who were pepper sprayed by two police officers during a domestic dispute. The couple was hearing …
Eighth Circuit Holds Failure of U.S. Parole Commission to Hold Early Termination Hearing Does Not Make Custody Illegal by The Eighth Circuit Court of Appeals has held that 18 U.S.C. sec. 4211(c)(1) creates only a right to an early parole termination hearing, not a right to release in the absence …
Article • April 15, 2009
Elderly Couple Awarded $345,000 for Excessive Force During Arrest by A jury in Missouri’s Jackson County Circuit Court has awarded an elderly couple $345,000 on a claim that Kansas City police used excessive force to arrest them. The jury only took three hours to render its May 9, 2008 verdict. …
Florida Sheriff Approves $2 Million Settlement in Death of Deputy by Florida’s Broward County Sheriff’s Office (BCSO) has agreed to a $2 million settlement in a lawsuit brought by the family of a deputy who was killed in the line of duty. That lawsuit claimed the deputy died because BCSO …
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