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Washington DOC Denied Qualified Immunity In Prisoner Beating by The Washington State Department of Corrections (DOC) motioned for summary judgment dismissal in a 42 U.S.C. § 1983 action brought by a state prisoner who was beaten at the Clallam Bay Corrections Center (CBCC) in 2002. The motion was granted in …
Article • January 15, 2009
Remedy for Failure to Give California Parole Violator Timely Revocation Hearing is Release from Custody by by John S. Dannenberg The California Court of Appeals has held that when a parole violator is denied a timely revocation hearing that comports with the due process protections set forth in Valdivia v. …
Article • January 15, 2009
100 Year Probation And Sex Offender Registration Stay Reversed As Erroneous by The State of Wisconsin appealed a court's reduction of the terms of sentencing imposed on Samuel Roloff after he pled to three felony and three misdemeanor charges of sexual activity with underage girls. His reduction to a 100 …
Article • January 15, 2009
No Right to Appointed Counsel In Washington Marriage Dissolution Proceeding by Washington State resident Brenda King appealed the denial of state funded counsel in a child custody based dissolution of marriage proceeding. The court affirmed the denial holding that no right to free counsel existed in a dissolution proceeding. Brenda …
Article • January 15, 2009
California Thwarts Due Process In "Medically Disordered Offender" Post Release Commitment Trial by California Mentally Disordered Offender (MDO) Roy Cobb, Jr., appealed a court order, imposed after his statutory release date, committing him to the state hospital. The order was affirmed because Cobb was put on notice prior to his …
Article • January 15, 2009
Connecticut Police, City Liable For Withholding, Doctoring Evidence In False Arrest by Connecticut resident Christopher Russo appealed the dismissal of his 42 U.S.C. § 1983 action after being falsely arrested and imprisoned for over seven months. He was acquitted after police were forced to present exculpatory evidence. The ruling was …
Article • January 15, 2009
Florida Lethal Injection Methods Revised by Florida State death row prisoner Ian Lightbourne challenged the State's lethal injection procedures after the improper implementation of an execution. Revisions were made to the methods used and the petition was dismissed. The duration of the "botched" execution of Angel Diaz in 2006 was …
California Ex Deputy Sheriff's Incriminating Statements Not Protected Under POBRA by Ventura County (California) and it's sheriff's department (County) appealed an injunction preventing their use of statements made by ex deputy Michael Van Winkle who was under investigation for criminal activity. Van Winkle asserted that his statements were protected under …
California Police Officer's Disciplinary Records Ordered Produced In Excessive Force Case by The San Diego (California) Police Department (SDPD) sought review of an appellate court order to produce derivative information, discovered in an earlier case, regarding a police officer accused of using excessive force. The order was affirmed. Tariq Chambers …
Article • January 15, 2009
California Prisoner's Misdemeanor Battery Charge Statutorily Enhanced To Felony by The California Supreme Court determined whether a state hospital prisoner was subject to felony charges under § 2684 for attacking a non confined person. Joey Watson was found to be statutorily subject to felony charges. Watson was transferred to the …
Article • January 15, 2009
Child Support Obligation While Incarcerated Should Reflect Actual Earnings And Resources by West Virginia State prisoner Christopher Adkins appealed a 2006 court order denying his request to reduce or waive his support obligation while incarcerated. The denial was partially reversed and remanded to reflect his actual income and available resources. …
Criminal Suspect Policeman's Photo And Address Not Protected From Press by A Michigan State Policeman's wife, Dorothy Bailey, appealed her 42 U.S.C. § 1983 dismissal after Port Huron Police Department personnel revealed her and her husband's personal information to the press. The dismissal was affirmed. Bailey and her inebriated husband, …
Kenneth H v. State of New York, NY, Decision, Rikers inmate-inmate rape PTSD protective custody homosexual, 2008 01/09/2009 " 11:18 ~~jr-mt~J 10 STATE OF NEW YORK· PAGE DIVIS/Lon 12129258774 01 5)1" RECEIVED JUN 2 3 • COURT OF CLAIMS KENNETH H.\ Clalm,nt, DECISION "vTHE STATE OF NEW YORK, Claim No. …
Brief • January 9, 2009
Filed under: Food, Jail Specific
Maynor v. Morgan County, AL, Ruling, jail food, 2009 Case 5:01-cv-00851-UWC Document 94 Filed 01/09/2009 FILED Page 1 of 5 2009 Jan-09 AM 10:47 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION ) ) ) ) Plaintiffs, ) …
Thomas v. McNeil, FL, Order, Chemical Agents on Prisoners, 2009 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION JEREMIAH THOMAS, KELVIN FRAZIER, REGINALD WILLIAMS, PAUL ECHOLS, MICHAEL McKINNEY, CHARLES MORGAN1 and ANTONIO WARD, Plaintiffs, vs. Case No. 3:04-cv-917-J-32JRK WALTER McNEIL and RANDALL BRYANT, in their official capacities, Defendants. …
Brief • January 8, 2009
Filed under: Food, Jail Specific
Maynor v. Morgan County, AL, Findings of Fact, jail food, 2009 Case 5:01-cv-00851-UWC Document 92 Filed 01/08/2009 FILED Page 1 of 6 2009 Jan-08 PM 10:23 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION ) ) ) ) …
Brief • January 1, 2009
Rosen v. New York, NY, Pltff Motion, Opp to MSJ, 2009 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------X JESSE ROSEN, Plaintiff, -againstTHE CITY O FNBEW YORK, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, PRISON HEALTH SERVICES, INC., MARTIN F. HORN, Commisioner of the New York City of …
Roy v. Wrenn, NH, Instruction, Interrogatories, 2009 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE --------------------------------------------------------------X STEVEN ROY, PRAYER FEATHER FARROW ) CHARLES WOLFF, ERIC CHAPLIN, JOEL ) SMITH, JOHN GOSSELIN, BRUCE USHER AND) WILLIAM JOHNSON, ) Plaintiff ) ) VS. ) ) WILLIAM WRENN, RICHARD GERRY, LARRY) BLAISDELL, DR. …
Social Psychology of Isolation - Why Solitary Confinement is Psychologically Harmful, Haney, 2009 U 232 PSJ 181 CRAIG Text (Jan 09):Prison Service Journal 6/1/09 16:14 Page 12 The Social Psychology of Isolation: Why Solitary Confinement is Psychologically Harmful Craig Haney is Professor of Psychology at the University of California, Santa …
Smith v. Beck, NC, 2nd Amended Complaint, Sexual Assault & Retaliation by Prison Superintendent, 2008 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA CASE NO. I:08-CV-166-TDS-WWD S. SHANE SMITH, ) ) ) ) Plaintiff, v. ) THEODIS BECK, individually and in his official capacity as Secretary for …
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