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Coerced Participation in Religious Substance Abuse Program Unconstitutional; Prison Officials Granted Qualified Immunity by Coerced Participation in Religious Substance Abuse Program Unconstitutional; Prison Officials Granted Qualified Immunity A Virginia federal district court held that officials at the Indian Creek Correctional Center violated a prisoner's First Amendment rights under the Establishment …
Article • May 15, 2007
Gotti's Pretrial Detention Without Bail Warranted, PLRA Question Moot by The U.S. Second Circuit Court of Appeals held that the pretrial detention without bail of Peter Gotti, the alleged successor to John Gotti and John Gotti, Jr., as head of the Gambino Crime Family, was warranted. The appeals court ruled …
Article • May 15, 2007
Filed under: Sentencing, Parole
Pre-Release Recession of Parole Allowed if Parole Not a Right by The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court for the Southern District of Ohio, held that recession of Ohio prisoners' paroles prior to release from prison without notice or opportunity for a hearing did not …
Article • May 15, 2007
AEDPA Time Limitations Not Tolled by Motion to Reopen Appeal by The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court for the Southern District of Ohio, held that an Ohio prisoner's motions in state court to reopen his direct appeal and to withdraw his plea or vacate …
Article • May 15, 2007
Psychological Coercion Not Legal Component Of Involuntary Servitude by The U.S. Supreme Court held that the use of psychological pressure did not violate U.S. statutes prohibiting involuntary servitude. After two mentally retarded individuals were found laboring on a farm for up to 17 hours a day with no pay due …
Article • May 15, 2007
Unconstitutional to Hold Wisconsin Prisoner Beyond Mandatory Release Date by by Matthew T. Clarke Wisconsin court of appeals held that Wisconsin Department of Corrections (DOC) officials who held a prisoner beyond his mandatory release date (MRD) violated the prisoner's Eighth Amendment rights. James Allen, a former Wisconsin state prisoner, became …
Article • May 15, 2007
Several Necessary Components Of Involuntary Servitude by The U.S. Court of Appeals for the Sixth Circuit held that several factors were necessary to create a state of "involuntary servitude" and that expert testimony had not been shown to be scientifically-recognized. After two mentally retarded men were found laboring on a …
Article • May 15, 2007
Sixth Circuit Permits Bivens action Against BOP for IAD Violation by The U.S. Sixth Circuit Court of Appeals held that a federal prisoner in custody of the Bureau of Prisons (BOP) could maintain a Bivens action against the BOP Director for failing to dismiss a detainer after the receiving jurisdiction …
Arrestee Stated §1983 Claim Against Coroner; Heightened Pleading Standard Overruled by Arrestee Stated §1983 Claim Against Coroner; Heightened Pleading Standard Overruled The U.S. Ninth Circuit Court of Appeals, reversing the U.S. District Court, Northern District of California, ruled that the district court erred in holding an arrestee to a heightened …
Article • May 15, 2007
Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed by The U.S. Third Circuit Court of Appeals in a consolidated review of five cases, upheld the sentences and conditions of probation for five persons convicted of disobeying a park ranger's order, but reversed a special assessment levied by the trial court. …
Article • May 15, 2007
Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed by Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed The U.S. Third Circuit Court of Appeals in a consolidated review of five cases, upheld the sentences and conditions of probation for five persons convicted of disobeying a park ranger's order, but reversed …
Article • May 15, 2007
Habeas Corpus Sole Remedy For Speedier Release by The Supreme Court combined the cases of three New York state prisoners who had filed suits under 42 U.S.C. § 1983, the federal Civil Rights Act, seeking release from prison. In each case, the federal district court granted relief and ordered the …
Article • May 15, 2007
$7,516.95 Awarded For 89 Days of False Imprisonment by An Ohio state court awarded a former prisoner $7,516.95 in damages for 89 days of false imprisonment. James M. Bay was a prisoner of the Ohio Department of Rehabilitation and Correction (ODRC). His release date was July 26, 1999 but he …
Article • May 15, 2007
Filed under: Sentencing, Good Time
WA County Jails "Good Time" Policy Constitutional by WA County Jails "Good Time" Policy Constitutional The Washington State Court of Appeals held the Skagit County Jail's policy for credit of "good-time" does not violate a pre-trial detainee or a sentenced prisoner's right to equal protection. While awaiting a second trial …
Article • May 15, 2007
Filed under: Sentencing, Parole
WA Parole Board Must Adhere to Its Own Procedures by The Supreme Court of Washington held that the state parole board is required to give written findings when not granting parole under the Washington Administrative Code Title 381, rule 5.170 (WAC). Five Washington state prisoners filed a personal restraint petition …
Article • May 15, 2007
NY Prisoner Allowed to Challenge Disciplinary Sanction That Didn't Lengthen His Sentence Via § 1983 by NY Prisoner Allowed to Challenge Disciplinary Sanction That Didn't Lengthen His Sentence Via § 1983 Donald Griffin, a New York state prisoner, was found guilty of drug use, based on an allegedly flawed urinalysis, …
Article • May 15, 2007
Filed under: Searches, Drug Testing, Parole
Federal Probation Officers Can't Order Probationers to Drug Treatment by Manuel Carrera, a federal prisoner in Puerto Rico, was sentenced to five years' supervised release after completing a 78-month prison sentence for drug sales. As a condition of his release, the district court directed Carrera's probation officer to set up …
Article • May 15, 2007
IL Prisoner Fails to Show Unreasonable Application of Federal Law on Habeas Review by IL Prisoner Fails to Show Unreasonable Application of Federal Law on Habeas Review Andrew Lockhart, an Illinois state prisoner, pled guilty to murder. He received a 35-year prison sentence and 3 years' mandatory supervision release (MSR). …
Article • May 15, 2007
Filed under: Complaints, Sentencing, Parole
Criminal History Trumps Reporter Liability For Denial Of Parole by Kansas state prisoner Thomas Lamb filed a State Court complaint against Tony Rizzo, a newspaper reporter, alleging libel for published articles containing alleged "lies and false information" which caused Lamb to be denied parole. Rizzo removed the case to the …
Minnesota Sex Predator Not Entitled to Jury Trial before Being Civilly Committed by Minnesota Sex Predator Not Entitled to Jury Trial before Being Civilly Committed James Poole, a Minnesota state prisoner, was civilly committed for an indefinite period of time under that state's sexual predator laws. He was not allowed …
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