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Article • May 15, 2013 • from PLN May, 2013
New York: $225,000 Settlement for Prisoner’s Suicide Attempt, Abuse at Rikers Island by In July 2012, the City of New York paid $225,000 to settle a lawsuit that alleged 17 causes of action arising “from a chain of disturbing events” that involved the treatment of a mentally ill prisoner at …
Article • May 15, 2013 • from PLN May, 2013
California District Attorney Sued by Former Colleague by On February 29, 2012, former Contra Costa County prosecutor Paul Sequeira filed a lawsuit in superior court seeking damages from Senior Deputy District Attorney Harold W. Jewett, whom he accused of assault and battery. Two years earlier, the two men (both in …
Article • May 15, 2013 • from PLN May, 2013
Filed under: Sentencing, Parole
California: Lifer Entitled to Credit for Time Served Following Governor’s Erroneous Veto of Parole Grant by Vacating an earlier ruling, on June 29, 2012 the California Court of Appeal, Sixth District, held that while a life-sentenced prisoner is entitled to credit for time served following the governor’s erroneous veto of …
Administrative Remedies “Unavailable” when Prisoner under Threat of Intimidation or Retaliation by The Tenth Circuit Court of Appeals has held “that when a prison official inhibits a prisoner from utilizing an administrative process through threats or intimidation, that process can no longer be said to be ‘available’” under the Prison …
Oregon Parole Board’s Notice-of-Rights Form Violates APA by On June 6, 2012, the Oregon Court of Appeals agreed that a notice-of-rights form (NOR) used by the Oregon Board of Parole and Post-Prison Supervision (Board) constitutes a rule. Since the NOR was not adopted in accordance with the rulemaking procedures of …
Article • May 15, 2013 • from PLN May, 2013
Kentucky DOC May Not Alter Presentencing Custody Credits by The Kentucky Supreme Court has held that the Department of Corrections (DOC) lacks authority to modify a prisoner’s presentencing custody credit calculation. In 1993, Peter Bard was charged with murdering a deputy sheriff, but the charges were dismissed without prejudice when …
Article • May 15, 2013 • from PLN May, 2013
New York Creates “All Crimes DNA Database” by New York has become the first state in the nation to establish a so-called “all crimes DNA database.” Like most states, New York already collects DNA samples from convicted felons. On March 19, 2012, however, Governor Andrew M. Cuomo signed into law …
Federal Court Limits New York’s Civil Commitment Statute, but Injunction Vacated on Appeal by Derek Gilna A decision by the U.S. District Court for the Southern District of New York severely restricted portions of New York’s Sex Offender Management and Treatment Act (SOMTA). A lawsuit filed by Mental Hygiene Legal …
Article • May 15, 2013 • from PLN May, 2013
$695,000 Settlement in Discrimination Suit by Deaf Colorado Detainees by The City and County of Denver has paid $695,000 to settle a lawsuit that alleged systemic discrimination against deaf people detained or imprisoned at city and county jails and detention centers. The lawsuit was filed by three former pre-trial detainees, …
California State Bar Recommends District Attorney’s Disbarment by Christopher Zoukis The State Bar of California has recommended the disbarment of Del Norte County District Attorney Jon Michael Alexander, 64, who was deemed “not eligible to practice law” until the California Supreme Court makes a final decision in his case. In …
Article • May 15, 2013
Absolute Prosecutorial Immunity Denied by Second Circuit Court of Appeals reversed a complaint pursuant to Federal Rule of Civil Procedure 12 (B)(6) for absolute prosecutorial immunity. Stephanie Flagler, a victim of domestic violence from her ex-boyfriend Brandon Becker, was to testify as the complaining witness. Just days prior to trial, …
Article • May 15, 2013
Additional Attorney's Fees Allowed in Ohio Voter-Registration Suit by Derek Gilna The Northeast Ohio Coalition for the Homeless (NEOCH) instituted a 42 U.S.C. Section 1983 case challenging the 2006 Voter ID law, which resulted in consent orders in 2006 and 2008. A similar action by the Service Employees International Union …
Article • May 15, 2013
Alabama Supreme Court Upholds Exemption for DOC Driver’s Liability by The Supreme Court of Alabama ruled in June 2006 for the state in a lawsuit that arose out of a state prisoner, Warren R. Robinson, on work-release and driving a Department of Corrections (DOC) van, backing into the vehicle of …
Article • May 15, 2013
Appeal Court Criticizes Jury Instruction, Upholds Conviction by Ronald Charles Peppers appealed his jury-trial conviction for assaulting a federal officer under 18 U.S. C. Section 111(a)(1)1. Peppers was asleep when federal officers entered his darkened trailer to effectuate an arrest, and there was a struggle in which Peppers bit one …
Article • May 15, 2013
Arkansas Supreme Court Affirms FOIA’s Emphasis on Disclosure of Public Records by In June 2012, the Arkansas Supreme Court held that the state’s Freedom of Information Act (FOIA), codified at Ark. Code Ann. §§25-19-101 to -110, permits a public agency to refuse to comply with a request for disclosure of …
Article • May 15, 2013
California Appellate Court Balks at Permitting Pay Raises for Corrections Medical Employees Without First Obtaining Legislative Approval by In October 2012, the Third District Court of Appeal overturned an arbitrator’s ruling that certain medical employees of the California Department of Corrections and Rehabilitation (CDCR), requested by the Service Employees International …
Article • May 15, 2013
Court of Appeals Upholds Judicial Immunity in Civil Rights Claim by The United States Court of Appeals for the Eighth Circuit affirmed in August 2012 the judgment of the U.S. District Court for the Eastern District of Missouri, that the civil rights claims against state court Judge Patrick Young be …
Article • May 15, 2013
Denying Male Domestic Violence Victims Aid is Unconstitutional by The California Court of Appeals held that the gender-based denial of domestic violence services to male victims deprives those victims of equal protection of the law. Four men and the daughter of one, sought to escape relationships which subjected them to …
Article • May 15, 2013
Department of Justice Expands Definition of Rape to "Ensure Justice" by Derek Gilna Department of Justice Expands Definition of Rape to "Ensure Justice" by Derek Gilna The U.S. Department of Justice (DOJ) has broadened the definition of rape, first established in 1927, to include "penetration, no matter how slight, of …
Article • May 15, 2013
Filed under: Mental Health
Eighth Circuit Denied an Escapee's Insufficient Psychiatric Claim by Eighth Circuit Court of Appeals denied a 5th Amendment claim for due process violation for the right to present a defense. James Edward Thornberg, a federal prisoner in Duluth, Minnesota before he escaped, was serving a 96-month sentence for wire fraud …
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