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Article • April 15, 2013
Filed under: Sentencing, Probation
10th Circuit Orders District Court to Reconsider Restrictive Sentencing Conditions by Derek Gilna Eugene Sunday argued that computer and mental health conditions of the supervised release portion of his sentence constituted an occupational restriction unsupported by the Guidelines Manual of the U.S. Sentencing Commission, (USSG), Section 5F1.5. The district court …
Article • April 15, 2013
7th Circuit: Minimal Use of Force Not an Eighth Amendment Violation by Wisconsin prisoner Juan Guitron alleged that a prison guard bent and injured his wrist. Following a preliminary screening required by 28 U.S.C. § 1915A, the district court dismissed the complaint and the 7th Circuit affirmed. While prison guards …
Article • April 15, 2013
9th Circuit: Constitution Protects Homeless Persons from Government Seizure and Destruction of Their Unattended but Unabandoned Personal Property by In February 2012, a divided panel of the Ninth Circuit affirmed a district court's grant of preliminary injunctive relief to nine homeless individuals living on the streets of the Skid Row …
9th Circuit Denies Double-Jeopardy Based Dismissal of Arizona Drug Case by Derek Gilna In a case featuring especially egregious prosecutorial misconduct by Assistant U.S. Attorney Jerry Albert in prosecution of Defendant-Appellant Aurora Lopez-Avila, the 9th Circuit has refused defense efforts to dismiss the indictment on double-jeopardy grounds. The defense had …
Article • April 15, 2013
Alabama: District Court Certifies Class of HS Students Alleging Excessive Force by School Resource Officers by In August 2012, a U.S. District Court in Alabama granted a motion to certify a class of all current and future high school students in the Birmingham City Schools in a suit which alleges …
Article • April 15, 2013
Filed under: Civil Procedure, Mandamus
Alabama State Supreme Court Denies Mandamus for Payment of Defense Expenses by The Supreme Court of Alabama denied in June 2012 Defendant’s petition for writ of mandamus to compel the circuit court to enforce its orders to the Office of Indigent Services and the Comptroller’s Office to disburse interim payments …
Article • April 15, 2013
Washington Sexually Violent Predator Escape Law Upheld by The Washington state Court of Appeals held that a statute criminalizing escape from a civil commitment facility is not unconstitutional. On March 15, 2006, Matthew John Jagger was civilly committed to the McNeil Island Special Commitment Center (SCC) after he was found …
Article • April 15, 2013
Washington State Supreme Court Clarifies Public Records Act Guarantees by In a State Of Washington case involving their Public Records Act (PRA) and its interaction between the statutory duty of the Washington State Patrol (WSP) to compile traffic accident information, and federal statute 23 U.S.C. § 409, which protects from …
Article • April 15, 2013
Wrongfully Convicted New York Man Receives Settlements for $950,000 by A New York man has settled lawsuits related to his wrongful conviction for $950,000. The settlements were to resolve litigation against the founders of the Innocence Project and the City of New York. Lee Long, who brought the litigation, had …
Article • April 15, 2013
Wyoming State Prisoner's Suit for Access to Courts Denied by 10th Circuit by Derek Gilna Wyoming prisoner Gary Lee Belden, sentenced in Wyoming state court to life imprisonment, has been denied relief by the U.S. Court of Appeals for the Tenth Circuit for alleged violations of his constitutional right to …
Article • April 15, 2013
7th Circuit Affirms Finding of No Deliberate Indifference in 1983 Case by Derek Gilna Shane Holloway was arrested without a warrant in 2009 and confined to the Delaware County Jail, where he was denied his pre-detention medication, and was prescribed non-narcotic pain medication by prison medical staff instead. Holloway was …
Article • April 15, 2013 • from PLN April, 2013
From the Editor by Paul Wright Welcome to PLN's anniversary issue. This issue marks 23 years and 277 issues since Prison Legal News first began publishing in May 1990. When PLN started, I didn’t think we would last this long or grow as much as we have; I also didn’t …
Article • April 15, 2013
Third Circuit Holds No RLUIPA Damages by The Third Circuit Court of Appeals upheld a judgment for prison officials on a Pennsylvania prisoner's religious freedom claims. Pennsylvania prisoner Shawn Sharp is a Sunni Muslim who "identifies himself as a member of the Habashi sect." "Jumah is a group prayer service …
Article • April 15, 2013
Fourth District Court of Appeals Reverses PLRA Case on Removal of Jurisdiction by The United States Court of Appeals for the Fourth District remanded in May 2012 to the state court a cause tested against issues of subject matter jurisdiction and improper removal to a higher court. The case was …
Article • April 15, 2013
US 7th Circuit Affirms Judgment for Defense in "Tawdry Tale" by US 7th Circuit Affirms Judgment for Defense in "Tawdry Tale" The United States Court of Appeals for the Seventh Circuit affirmed in April 2012 the decision of the U.S. District Court for the Central District of Illinois, granting summary …
Article • April 15, 2013
US Court of Appeals, DC Circuit, Upholds NSA Disclosure Exemption by The United States Court of Appeals for the District of Columbia Circuit affirmed in May 2012 the U.S. District Court’s D.C. District judgment for the National Security Administration (NSA) after the NSA issued a Glomar response stating that under …
Article • April 15, 2013
US Court of Appeals Dismisses Freed Prisoner's §1983 Claim by US Court of Appeals Dismisses Freed Prisoner's §1983 Claim The United States Court of Appeals for the Seventh Circuit affirmed in December 2011 the district court’s dismissal of an Illinois prisoner’s civil rights claim against three police officers and three …
Article • April 15, 2013
US Court of Appeals Finds for Defendant District Attorney in Autopsy Photo Leak by The United States Court of Appeals for the Ninth Circuit affirmed in May 2012 the decision of the USDC SD California, dismissing the §1983 claim against and granting qualified immunity to a retired deputy district attorney …
Article • April 15, 2013
Tenth Circuit Vacates Denial of Prisoner's Rule 60(b) Motion by Matthew Clarke by Matt Clarke On November 29, 2011, the Tenth Circuit Court of Appeals vacated a district court's order denying the Rule 60(b) motion of a prisoner who had suffered serious medical complications and not timely received a court …
Article • April 15, 2013
US Court of Appeals Finds for Judge in Gordian Knot of Interests by The United States Court of Appeals for the Sixth Circuit reversed in August 2012 the district court’s judgment that Judge James DeWeese, presiding in a state action against Edwin Griffeth, a supervised prison releasee, overstepped his authority …
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