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Article • October 24, 2017
$5,485,394 Award in New York Wrongful Conviction Case by Christopher Zoukis Daniel Gristwood was a 29-year-old printer when he was arrested for the attempted murder of his wife on January 12, 1996. He initially confessed to the crime, and was convicted in New York state court based on that confession. …
Article • October 24, 2017
Ohio Supreme Court Declares Poor Relative Not Suitable to Adopt Her Nephew by Christopher Zoukis By Christopher Zoukis The Ohio Supreme Court has upheld a lower court ruling that an imprisoned mother's sister was not a suitable placement for the mother's sheltered child because she was poor. Brittany J. gave …
Article • October 10, 2017 • from PLN October, 2017
Fourth Circuit Reverses Dismissal of Prisoner’s Failure to Protect Claim by Christopher Zoukis by Christopher Zoukis In March 2016, the Fourth Circuit reversed a district court’s dismissal of a prisoner’s Eighth Amendment failure to protect claim in a case that subsequently settled. The prisoner, James Herman Raynor, was held at …
Article • October 10, 2017 • from PLN October, 2017
Eighth Circuit Greenlights Jail Detainee’s Excessive Force Claim, but Loss at Trial Affirmed on Appeal by Christopher Zoukis by Christopher Zoukis The Court of Appeals for the Eighth Circuit reversed a district court’s ruling that held a jail detainee’s excessive force and assault and battery claims could not go forward. …
Article • October 10, 2017 • from PLN October, 2017
Virginia Governor Grants Full Pardons to the “Norfolk Four” by Christopher Zoukis by Christopher Zoukis Four former U.S. Navy veterans wrongly convicted of the rape and murder of an 18-year-old woman have been granted full pardons by Virginia Governor Terry McAuliffe. Eric Wilson, Danial Williams, Derek Tice and Joseph Dick, …
Article • October 10, 2017 • from PLN October, 2017
Filed under: Mail Regulations, Visiting
Prisons, Jails Combat Smuggling by Shredding Mail, Requiring Fresh Underwear by Christopher Zoukis by Christopher Zoukis The regional jail system in West Virginia receives and screens about 300,000 pieces of mail per year. Some letters contain illegal substances being smuggled into facilities for prisoners, particularly subuxone; in response, the West …
Article • October 10, 2017 • from PLN October, 2017
Waging War on the Poor: Unpaid Fines Lead to Jail by Christopher Zoukis by Christopher Zoukis Stung by a series of lawsuits filed across the nation challenging the practice of jailing people unable to pay court fees and fines, Texas legislators passed a law that requires judges to offer community …
Article • October 9, 2017 • from PLN October, 2017
TV Production Company has Friends in Low Places by Christopher Zoukis by Christopher Zoukis Lucky 8 TV is a production company that produces “Behind Bars: Rookie Year” – a reality show about first-time prison guards – and thus requires access to a prison for filming. What better way to gain …
Article • October 9, 2017 • from PLN October, 2017
Compensation for Wrongful Convictions in Massachusetts Not Easily Obtained by Christopher Zoukis by Christopher Zoukis Kevin O'Loughlin was wrongfully convicted of raping an 11-year-old girl in 1983. He spent almost four years in prison, where he endured multiple assaults – all for a crime he did not commit. Then a …
Article • October 9, 2017 • from PLN October, 2017
Misdemeanor Trespassing Arrest Leads to Permanent Impairment by Christopher Zoukis by Christopher Zoukis In March 2015, 53-year-old Ralph Karl Ingrim suffered a seizure at a Dollar General store in Amarillo, Texas. A store clerk was kind enough to call the police to have him removed. When they arrived, Ingrim allegedly …
Article • September 6, 2017
Filed under: Sentencing
Colorado Supreme Court Affirms Double Enhancement for Assault of Prison Guard by Christopher Zoukis by Christopher Zoukis The Colorado Supreme Court has upheld a trial court's decision to sentence a prisoner to a consecutive term for assaulting a prison guard and to enhance the sentence because it was committed by …
Article • September 6, 2017
Arizona Supreme Court Clarifies Proper Standard for Reviewing Search of a Probationer's Home by Christopher Zoukis by Christopher Zoukis The Arizona Supreme Court has cleared up confusion in the state about the amount of suspicion required to legally search a probationer's home without a warrant. Christian Adair was on probation …
Article • September 6, 2017
Eleventh Circuit Slams Douglas County, Georgia Sheriff's Office for Retaliation Against Whistle-Blower by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eleventh Circuit has issued a stinging opinion in which it firmly rebukes the retaliatory actions of the Douglas County, Georgia Sheriff's Office. Derrick Bailey, …
Article • September 6, 2017
Filed under: Children of Prisoners
California Appeals Court Reverses Termination of Parental Rights for Indian Child Welfare Act Notice Violation by Christopher Zoukis by Christopher Zoukis The California Court of Appeal for the First Appellate District has reversed a lower court's order terminating the parental rights of two imprisoned parents due to a failure to …
Article • September 6, 2017
Seventh Circuit Passes on Opportunity to Weigh in on Police Use of Cell-Site Simulators by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit has refused to remand a case for further fact-finding about the government's use of cell-site simulators during investigations. Damian Patrick …
Article • September 6, 2017
Prison Cannot Restrict Legal Visits by a Prisoner's Family Member/Attorney by Christopher Zoukis by Christopher Zoukis Michigan Department of Corrections Rule 607, which mandated that an attorney who is also a family member of a prisoner could not have legal visits with the prisoners, has been ruled unconstitutional. The Rule …
Article • September 6, 2017
City of New York Settles Police Beating Case for $614,500 by Christopher Zoukis by Christopher Zoukis The City of New York and two NYPD officers have settled a lawsuit alleging multiple beatings at the hands of officers. Jateik Reed, William Reid and Trevor Nigel alleged that they were improperly stopped …
Article • September 1, 2017
Filed under: Shootings
Maryland Court of Special Appeals Upholds $200,000 Award for Police Shooting of Dog by Christopher Zoukis by Christopher Zoukis The Maryland Court of Special Appeals has affirmed a damages award against a Franklin County Sheriff Deputy who shot a family dog while attempting to serve an arrest warrant. The deputy, …
Article • September 1, 2017
Second Circuit Rules Against American Civil Liberties Union on Drone Strike FOIA Request by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Second Circuit has denied a Freedom of Information Act (FOIA) request in which the American Civil Liberties Union requested documents from several government …
Article • September 1, 2017
Media Companies Denied Damages and Fees in Public Records Litigation by Christopher Zoukis by Christopher Zoukis Five media companies, including The Associated Press, were denied statutory damages and attorney's fees in an unsuccessful public records request filed in Cincinnati, Ohio. The suit, filed over a body-camera video from a police …
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