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Article • April 15, 2013
Minnesota Study Shows Prisoners Receiving Visits Have Lower Recidivism Rates by Matthew Clarke by Matt Clarke A report describing a study by the Minnesota Department of Corrections (DOC) shows that prisoners who receive regular visits while in prison are 13% less likely to commit new felonies and 25% less likely …
Article • April 15, 2013
Kansas Supreme Court Reverses Jail Suicide Summary Judgment by The Kansas Supreme Court unanimously held that jailers were not entitled to summary judgment for failing to prevent a detainee's suicide. Anthony Stapleton was detained in the Shawnee County Adult Detention Center, from October 23, 2002, until his November 29, 2002 …
Article • April 15, 2013
Delaware Supreme Court Reverses Lawyer "Fast One" by Delaware Supreme Court Reverses Lawyer "Fast One" The Supreme Court of Delaware reversed and remanded in July 2012 the lower court’s order denying motion to vacate judgment in a case involving one lawyer’s “manipulation of court processes” to prevail over another lawyer. …
Article • April 15, 2013
Disabled Oregon Detainee's ADA, Retaliation and Deliberate Indifference Claims Go to Jury by An Oregon federal court denied jail officials summary judgment on a disabled prisoner's deliberate indifference, Americans with Disabilities Act (ADA) and retaliation claims. Nathan Deffenbaugh is a wheelchair-bound double amputee below the knees. Most of his fingers …
Dismissal of Massachusetts Prisoner's ADA/RA Claims Reversed by The Massachusetts Supreme Judicial Court reversed the dismissal of a prisoner's claim that prison officials failed to provide reasonable accommodation for his disability. Massachusetts prisoner Paul Shedlock suffers "a constellation of medical problems, including sciatica, degenerative joint disease, and left leg atrophy." …
Article • April 15, 2013
Eighth Circuit Upholds $10,000 Excessive Force Verdict Against University Police by The Eighth Circuit Court of Appeals upheld an excessive force verdict and $10,000 damage award. On January 1, 2005, Charles F. Gill attended a New Year's Eve party at a bar near the University of Minnesota campus. Gill and …
Article • April 15, 2013
Filed under: Mental Health, Suicides
El Salvadorian Hangs Himself in Oregon Jail by A man facing criminal charges in Washington County, Oregon, hanged himself in his cell, according to Washington County Sheriff's Sergeant Bob Ray. El Salvadorian, Mario Alfredo Bautista-Garcia, 28, was arrested on May 15, 2012, after stabbing two men at a Tigard, Oregon, …
Ninth Circuit: Dismissals Not Strikes Until Appeals Final; Interference With Court Access and Retaliation Claims Reversed by The Ninth Circuit Court of Appeals reversed a lower court's dismissal of a pro se prisoner's interference with court access and retaliation claims. The court also held that dismissals do not count as …
Article • April 15, 2013
Kentucky DOC Cannot Alter Time Served Credit by The Kentucky Supreme Court has held that prison officials lack authority to modify presentencing custody credit. Peter Bard was charged with murdering a deputy sheriff in 1993 but the charges were dismissed when he was found incompetent to stand trial. Bard was …
Mom’s E-mail Forces Hawaiian Lawmakers to Tour “Hellhole” Prison by Joe Watson It took one mother of a complaint to get lawmakers in September 2011 to visit a dilapidated prison in Hawaii. Prison officials, however, put on a good show for their guests. The grumblings about Hawaii’s prison conditions are …
Article • April 15, 2013
Filed under: Sentencing, Probation
Fifth Amendment Right Waived, If Not Invoked During Polygraph Test by Pennsylvania parolee David S. Knoble served his sentence for endangering the welfare of a child, conspiring with his wife for her to engage in sexual intercourse with his 14-year old son and then placed on four-year probation. He was …
Article • April 15, 2013
Fifth Circuit Upholds Dismissal of Suit for Delay Bringing Arrestees Before a Judge by The 5th Circuit Court of Appeals upheld the dismissal of a 42 U.S.C. § 1983 Civil Rights action, alleging the violation of the 4th and 14th Amendments of two Mississippi men, who were detained for more …
Article • April 15, 2013
Fifth Circuit Upholds Summary Judgment for Jewish Prisoners' Religious Practice by Texas prisoner Thomas H. Baranowski, Pro Se, appealed a summary judgment by the district court. Baranowski, a member of the Jewish faith, alleged that prison officials violated his First and Fourteenth Amendments and the Religious Land Use and Institutionalized …
Article • April 15, 2013
Filed under: Police, Police Chases
First Circuit: No Deposition Testimony of Incarcerated Witness; Incarceration Does Not Make Witness "Unavailable" by First Circuit: No Deposition Testimony of Incarcerated Witness; Incarceration Does Not Make Witness "Unavailable" The First Circuit Court of Appeals upheld a Rhode Island federal court's decision to exercise supplemental jurisdiction over state law claims, …
Former California Deputy Sheriff Maintains Clean Record Despite Recent and Past Sexual Misconduct Allegations by A 60-year-old former Nevada County, California deputy sheriff who was caught in a hotel room with a male prisoner will not face charges or discipline for sexual misconduct. As a Nevada County deputy in October …
Article • April 15, 2013
Former Detroit Officers Award $6.5 Million in Whistleblower Lawsuit by A Michigan jury found the former mayor and City of Detroit liable of violating the state’s Whistleblower Protection Act (WPA) and awarded a pair of ex-police officers $6.5 million. Mayor Kwame Kilpatrick and the City of Detroit were found liable …
Former Kansas Prisoner Civil Rights Suit Dismissed by 10th Circuit by Derek Gilna The 10th Circuit Court of Appeals has affirmed a district court decision dismissing the 42 U.S.C. Section 1983 case alleging violations of the Kansas Constitution, the Kansas Tort Claims Act, the Americans with Disabilities Act, the Rehabilitation …
Article • April 15, 2013
Idaho Supreme Court Reverses Attorney Fee Case by The Supreme Court of Idaho reversed and remanded an Idaho Sixth Judicial District Court’s order denying attorney fees for the Plaintiffs after prevailing at trial. The issue under scrutiny at the Supreme Court level was the interpretation of Idaho Statute IC § …
Article • April 15, 2013
Filed under: Sentencing
Indiana Supreme Court Affirms Sentence after Botched Jailbreak by The Supreme Court of Indiana per curiam affirmed in July 2012 the 47-year sentence of Appellant Roger Bushhorn resulting from an attempted escape from county jail. Bushhorn and two other prisoners, James Smith and Ryan Renfroe, fashioned homemade knives from clothes …
Article • April 15, 2013
Jury Awards Oregon Man $306,000 Excessive Force Verdict by On December 10, 2012, a Portland, Oregon man was awarded $306,000 for false arrest, excessive force and malicious prosecution. Gallagher Smith, then 25, argued with a doorman at a Portland nightclub on November 13, 2010. The doorman told Smith he had …
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