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Article • August 15, 2008
Texas Supreme Court Upholds Sex Offender Civil Commitment Statute by by Matthew T. Clarke On May 20, 2005, the Supreme Court of Texas held that the Texas Civil Commitment of Sexually Violent Predators Act (the Act), Chapter 841, Texas Health and Safety Code, is not punitive and therefore is constitutional. …
Article • August 15, 2008
Filed under: Sentencing, Parole
New York Court Orders Parole Board to Decide Murderer’s Parole Based Solely on Recent Prison Record; Reversed on Appeal by by John E. Dannenberg The Manhattan Supreme Court ordered the New York Division of Parole (“Board”) to release a murderer unless it came up with a valid denial reason based …
Article • August 15, 2008
Prison Tuberculosis Cases Far Exceed Non-Prison Cases by The number of Tuberculosis (TB) cases in prison far outpaced the general population between 1993 and 2003, according to a study published in the American Journal of Public Health. While TB rates in the general population remained fewer than 10 cases per …
Article • August 15, 2008
Colorado Community Corrections Confinees Eligible for Workers' Compensation by A Colorado court of appeals held that a community corrections program (CCP) is not a jail or prison, and therefore workers' compensation benefits should not be suspended for prisoners participating in CCPs. Hilario Vasquez, a participant in a Colorado CCP, was …
Article • August 15, 2008
U.S. Prison Population Tops 2.1 Million by by: Michael Rigby Even if you're not in prison today, you could be tomorrow. With more than 2.1 million people in prison or jail at midyear 2004--a 2.3% increase over the previous year--the odds of imprisonment were frighteningly good, a recent Bureau of …
Article • August 15, 2008
$390,000 Settlement in Unlawful Arrest Warrant by New Jersey’s Essex County settled a claim against it that alleged a prosecutor was “plainly incompetent” for procuring and executing an arrest warrant. The case settled for $390,000 prior to a damages trial. The plaintiff’s false arrest claim came after the Essex county …
Article • August 15, 2008
Tenth Circuit Upholds DNA Testing by Richard Banks, Mary Doyle, Stanley Acuff, Melanie Alpin and Lisa Bell, all non-violent federal prisoners, challenged amendments to 42 U.S.C. § 14132(a), et seq, which allowed officials to collect blood samples from non-violent prisoners for DNA testing. The district court upheld the amendments, and …
Article • August 15, 2008
Unlawful Maryland Strip Search Suit Settles for $285,000 by Kent County, Maryland high school students Heather Gore and Jessica Bedell received a total of $285,000 and apologies in a settlement for nefarious strip searches conducted in 2004. The Kent County Sheriff’s Dept. brought drug sniffing canines into the school in …
Article • August 15, 2008
Catalyst Theory Doesn’t Apply to EAJA by Mirta Morillo-Cedron and other immigrants (plaintiffs) applied for U.S. citizenship, but the District Director for the U.S. Citizenship and Immigration Services (Director) didn’t act on their applications. The plaintiffs sued to compel action in federal district court. Before the court ruled, the Director …
Article • August 15, 2008
Challenge to Missouri Lethal Injection Protocol Remanded for Discovery by On April 27, 2006, the Eighth Circuit Court of Appeals remanded a death row prisoner's challenge to Missouri’s lethal injection protocol for additional discovery following a botched attempt at resolving the issue using an accelerated schedule. Michael Anthony Taylor, a …
Article • August 15, 2008
Delaware Attorney General Has No Duty to Initiate Enforcement Proceedings of State Public Record Law by Delaware prisoner Ronald sought mandamus relief to compel the Attorney General to initiate enforcement proceedings under the state’s Freedom of Information Act. The Superior Court denied the petition. The Delaware Supreme Court affirmed, holding …
Article • August 15, 2008
Dismissal of Colorado Transsexual Suit Reversed by The Colorado Court of Appeals reversed the dismissal of a transsexual prisoner’s lawsuit seeking treatment by a gender specialist counselor. Christopher Grey, a Colorado prisoner, suffers from gender identity disorder (a.k.a. transsexualism), and refers to himself as Crystal, Catherine Jene, and “C.J.” Grey …
Disciplinary Rule Description Rather than Title Controls by The West Virginia Supreme Court of Appeals has held that “it is the content of what is contained under a title that is critical in most instances, not the title” of a prison disciplinary rule (DR). This ruling comes in the appeal …
Eighth Circuit: Administrator of Prisoner's Estate May Not Sue Pro Se by On March 29, 2005, the Eighth Circuit Court of Appeals held that the administrator of the estate of a prisoner who died of cancer while incarcerated in the Arkansas Department of Corrections may not file a suit for …
Article • August 15, 2008
Eighth Circuit Upholds Arkansas Sex Offender Registration/Residency Restrictions by Matthew Clarke by Matthew T. Clarke On July 13, 2006, the Eighth Circuit Court of Appeals affirmed the dismissal of a civil rights challenge to provisions of the Arkansas Sex Offender Registration Act, Ark. Code Ann. § 12-12-901 et seq., and …
Article • August 15, 2008
Sovereign Immunity Bars FTCA Property Claims; S.Ct. Vacates Second Circuit Ruling by The Second Circuit Court of Appeals joined four other circuits in reversing a lower court’s dismissal of a Federal Tort Claims Act (FTCA) negligent property loss claim. A federal prisoner, identified only as ABC, was transferred to a …
Article • August 15, 2008
DNA Collection Statute’s Retroactive Application to Violate Federal Prisoner’s Parole Upheld by On July 23, 1998, John Reynard robbed a branch of the Bank of America in San Diego, California. On December 21, 1998 he was sentenced to thirty months in federal prison. In November of 2000 he was paroled …
150 Days in Segregation for Civil Detainee Upheld by Eighth Circuit by The Eighth Circuit Court of Appeals has held that a civil detainee’s placement in isolation for 150 days was not a constitutional violation, considering the specific facts in this case. The ruling affirms a Minnesota federal district court’s …
Article • August 15, 2008
California Habeas Corpus Grant that Excluded “Show Cause Order” Reversed for Procedural Inadequacy by The State of California appealed a 2006 court order directing the Board of Prison Terms (Board) to reduce a prisoner's sentence and adjust her release date according to pre amended statutory sentencing provisions. The court order …
TDCJ Denied Qualified Immunity in Employee's Unconstitutional Termination Suit by John F. Fant, a former Legal Services Director for a division of the Texas Department of Criminal Justice (TDCJ), appealed a 2003 U.S. District Court decision denying his motion for dismissal of a lawsuit based on qualified immunity grounds. The …
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