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Texas Parole Law Remanded for Ex Post Facto Ruling by Gary Hunter By Gary Hunter Texas prisoner Wilson Brown, a convicted sex offender, went to prison in 1989. At the time Brown was convicted, all Texas prisoners required only two favorable votes to make parole. In 1993, the parole board …
First Circuit Upholds $500,000 Award for Whistle-Blowing Boston Guard by Matthew Clarke by Matthew T. Clarke On March 29, 2005, the First Circuit Court of Appeals upheld a $500,000 jury award in favor of a former guard at a Boston jail who was harassed by fellow guards after he reported …
Article • January 15, 2008
Ninth Circuit: Federal Complaint Cannot be Submitted Before PLRA Exhaustion is Completed by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a prisoner must have completed his available administrative exhaustion procedures before he can submit a 42 U.S.C. § 1983 complaint to the …
Article • January 15, 2008
Grievances Exhausted When No Relief Available; Oregon DOC Fails to Prove Non-Exhaustion. by A federal court in Oregon has held that prisoners are not required to exhaust all levels of the prison grievance process when all requested relief is granted before the final step of the grievance process. On December …
Article • January 15, 2008
Parolee's Conviction Reversed for Illegal Probation Search by The Ninth Circuit Court of Appeals has reversed a parolee's conviction for possessing a gun because the warrantless probation search was unconstitutional and subsequent incriminating statements were inadmissible under the "fruit of the poisoned tree" doctrine. Curtis Ray Howard was convicted of …
Article • January 15, 2008
Parole Officers Must Knock and Announce Before Entering Parolee's Domicile by The Seventh Circuit Court of Appeals reversed a lower court's grant of summary judgment, finding that parole officers have a duty to knock and announce themselves before entering a residence in which a parolee is renting a room, and …
Article • January 15, 2008
Filed under: Juveniles
BOP Must Grant Juveniles Time Served Credits by The Ninth Circuit Court of Appeals held that the Federal Bureau of Prisons (BOP) erred in refusing to credit a juvenile offender with 35 months he spent in presentence custody. On June 17, 2001, Jonah R., a juvenile, was arrested after shooting …
Article • January 15, 2008
OH Prisoner's Attorney's Rule 11 Sanctions Nullified by Jeffrey Salkil was arrested for drunk driving and placed in the jail for Madison County, Ohio. Because he refused to submit to urinalysis testing, his driver's license was suspended. He completed an affidavit of indigency and asked to have a lawyer appointed …
Article • January 15, 2008
Conflicting State Statutes Require Reversal of Massachusetts Riot Convictions by Defendant Randall Spearin and co defendant Gualter M. Camara, both Massachusetts State prisoners, appealed their convictions from a 2001 uprising at the Bristol County House of Corrections (Bristol), where they were incarcerated and led a riot. When they filed an …
Article • January 15, 2008
Federal Statute Requiring Supervised Releasee to Submit DNA Sample Unconstitutional by A Massachusetts federal district court has entered a preliminary injunction barring the federal probation office from requiring a person on supervised release to submit a DNA sample. The Court's order comes after it found that Leo Weikert, Jr., who …
Strip-Searched Jail Arrestees May be Certified as Class for Liability by by Matthew T. Clarke On August 24, 2006, the Second Circuit Court of Appeals held that a federal district court in New York erred when it refused to certify non-felony arrestees who were strip searched pursuant to a blanket …
Article • January 15, 2008
Native American Legally Civilly Committed by The Seventh Circuit Court of Appeals has upheld a ruling by the Wisconsin Supreme Court that allows a Native American to be involuntarily committed as a sexually violent person. The Seventh Circuit's ruling relies substantially on the Anti-Terrorism and Effective Death Penalty Act (AEDPA) …
Article • January 15, 2008
Class Status Granted to Illinois Prisoners for Nonconsensual STD Tests by A federal judge in Illinois has granted class action status to a group of Cook County prisoners who were subjected to painful medical tests without their explicit consent. Plaintiffs Robert Jackson, Joseph McGrath and Derrell Smith claimed that during …
Article • January 15, 2008
New York Court Allows Garnishment of Military Pay for Crime Victim's Judgment by The New York Supreme Court in Albany County has held that funds in a prisoner's inmate account are not exempt from garnishment to satisfy a judgment under the state's Son-of-Sam law even if those funds are military …
Article • January 15, 2008
Notice Pleading Requirement, Not Factual Pleading, Applies to Access to Courts Claim by The Seventh Circuit Court of Appeals has held that a prisoner bringing a right of access to the courts claim need only satisfy the notice pleading requirement, but must allege that the prisoner lost a case or …
Article • January 15, 2008
SJ Reversed on Massachusetts Religious Diet Claims; MA Constitution Affords Greater Protections than U.S. Constitution by In a unanimous decision, Massachusetts' highest court reversed summary judgment on Muslim prisoners' claims that they were denied halal meat, which is required by their faith. Muslim prisoners Rashard Rasheed and Nathaniel Bilal Ahmad …
Article • January 15, 2008
SJ Reversed on PO Unreasonable Search/Detention Claims by The Tenth Circuit Court of Appeals reversed a lower court's grant of qualified immunity to three New Mexico probation officers on unreasonable residential search claims. It also reversed summary judgment on an unreasonable detention claim. In February 2000, Carly Bliss was convicted …
Tenth Circuit OKs First Raising Qualified Immunity on Summary Judgment by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings. The district court erred in failing to address the defense in the summary judgment …
Article • January 15, 2008
Tenth Circuit Applies Harmless Error in Prison Discipline by The Tenth Circuit Court of Appeals held that precluding a prisoner from presenting witness testimony at a prison disciplinary proceeding was harmless error. Kansas prisoner Patrick Grossman was charged with inciting a riot in relation to a December 21, 2002 incident …
Short-Term Injuries Sufficient to Recover Mental and Emotional Damages under PLRA by A Florida federal district court has held that a prisoner's failure to prove long-term physical injuries does not bar a request for damages for long-term mental and emotional injuries. That ruling came in a civil rights action filed …
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