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Hanna v. County of Fresno, CA, Letter requesting preservation of evidence, jail suicide, 2014 ROBERT NAVARRO Attorney at Law 1295 North Wishon Avenue, Suite 3 Fresno, California 93728 TEL: 559.497.5341 FAX: 559.497.5471 cell: 559.240.2354 February 12, 2014 The County of Fresno John Navarrette, Administrative Officer 2281 Tulare Street, Room 301 …
Massachusetts Supreme Court: 90 Days in Segregation on Awaiting Action Status without Hearing Violates Due Process by The Supreme Judicial Court of Massachusetts has ruled that prisoners held in segregated confinement on “awaiting action” status are entitled to due process protections, and such prisoners may not be kept in segregation …
SC Supreme Court Reverses Furtick; No Liberty Interest in Opportunity to Earn Sentence-Reduction Credits by The South Carolina Supreme Court held in late 2012 that the Administrative Law Court (ALC) may not summarily dismiss a prisoner’s appeal of a disciplinary conviction “solely on the basis that it involves the loss …
Brief • October 4, 2013
Filed under: Evidence, Witnesses
Harrigan v. Marion County et al, OR, Jury Instructions, evidence witness, 2013 Case 6:11-cv-06174-SI Document 118 Filed 10/04/13 Page 1 of 28 Page ID#: 699 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON DANIEL HARRIGAN, by and through his guardians CAROLE HARRIGAN and RANDY HARRIGAN, Case No. …
Brief • August 19, 2013
Filed under: Evidence, Witnesses
Harrigan v. Marion County et al, OR, Plf Jury Instructions, evidence witness, 2013 Case 6:11-cv-06174-SI Document 54 Filed 08/19/13 Page 1 of 28 Page ID#: 178 J. Ashlee Albies OSB #051846 E-mail: ashlee@civilrightspdx.com Michael Rose, OSB # 753221 E-mail: mrose@civilrightspdx.com CREIGHTON & ROSE, P.C. 500 Yamhill Plaza Building 815 S.W. …
Seventh Circuit Reverses Dismissal of Wisconsin Retaliation Suit by The Seventh Circuit Court of Appeals has held that a Wisconsin federal district court improperly dismissed a prisoner’s civil rights claim of retaliation for filing grievances because a prison disciplinary board found the prisoner was lying when filing his grievances. Wisconsin …
Article • August 15, 2013
Texas Lie Detectors Go Without Effective Regulation by Texas polygraph examiners are not subject to effective regulation, according to a recent report by the Sunset Advisory Commission, which reports to the Texas Legislature. Passing a lie-detector test can be crucial to getting or keeping a job. Key to ensuring the …
Article • August 15, 2013
Washington DOC May Rehear Bungled Disciplinary Infractions While First Outcome Is Under Judicial Review by The Washington State Supreme Court (Supreme Court) has ruled that the State Department of Corrections (DOC) may rehear prison disciplinary infractions while the propriety of the first proceeding is being challenged in court. On July …
Damages for Improper Segregation Needs Resolution by Jury by The Second Circuit Court of Appeals held prison officials were entitled to a jury trial to determine damages caused by the failure to call witnesses at a disciplinary hearing. A prisoner at New York’s Attica Correctional Facility was charged with assault …
Article • August 15, 2013
Mentally Ill Federal Prisoner Denied Due Process in Disciplinary Hearing without Adequate Assistance by In 1974, a federal prisoner in Marion, Illinois named William Ross was found guilty of using narcotics and possessing a knife by a disciplinary committee. At the time, he was mentally unable to present a defense, …
NY Prison Disciplinary Hearing that Doesn’t Consider Insane Prisoner’s Mental Health Held Invalid by Leon Reed, a New York state prisoner, stabbed another prisoner to death in September of 1976 at the Gaveen Haven Correctional Facility. He was found not guilty of murder in state court by reason of insanity. …
Article • August 15, 2013
NY Prisoner’s Disciplinary Hearing Upheld Against Timeliness and Sufficiency of Evidence Challenges by On October 27, 1991, Michael Colantonio, a New York state prisoner, was found bleeding from a cut on his arm. On November 6, 1991, after a short stay at a special observation unit, Colantino admitted cutting himself …
NY Prisoner’s Sanction for Not Providing Urine Sample for Drug Screening Affirmed by Camilo Infante, a New York state prisoner, failed to provide a urine sample within three hours of a guard’s order to do so for purposes of drug screening. He claimed at his disciplinary hearing that a groin …
New York Federal Court Finds Victim's Hearsay Accusation Insufficient in Prison Disciplinary Case; Suit Settles for $67,000 by Matthew Clarke by Matt Clarke A New York federal District Court has held that prison officials were liable for convicting a prisoner in a disciplinary proceeding based solely on a victim's uncorroborated …
California Guard Fights Prisoner, Faces Charges for Falsifying Reports by A California prison guard who challenged a prisoner to a fight, then engaged in a cover-up to avoid getting in trouble, is now facing criminal charges for filing false reports. In April 2012, state prison guard Christopher Cruse, 41, pleaded …
Publication • 2013
Innocent Defendant's Delimma-Plea Bargining, J of Crim Law & Criminology, 2013 Journal of Criminal Law and Criminology Volume 103 | Issue 1 Article 1 Winter 2013 The Innocent Defendant's Dilemma: An Innovative Empirical Study of Plea Bargaining's Innocence Problem Lucian E. Dervan Vanessa A. Edkins Ph.D. Follow this and additional …
Mandatory Lifetime Monitoring a Direct Consequence of Sex Offense Plea Bargain in Michigan by The Michigan Supreme Court has held that mandatory lifetime electronic monitoring is a direct consequence of a plea to first-degree criminal sexual conduct or second-degree criminal sexual conduct. As such, when a defendant enters a guilty …
$57,500 Settlement for Texas Prison’s Discriminatory and Retaliatory Occurrences by In October 2006, the Texas Department of Criminal Justice (TDCJ) settled a suit for alleged discriminatory and retaliatory occurrences filed by former TDCJ's Parole Division Supervisor in San Antonio Manuel M. Mermea, Jr. In June 26, 2003, Mermea filed the …
Article • April 15, 2013 • from PLN April, 2013
No Free Speech Protection for Prisoners Who Copy Excerpts from Books by Christopher Zoukis Prisoners who copy "arguably inflammatory” or “incendiary” passages from the books they check out from a prison library or are allowed to purchase are not entitled to rely on the First Amendment to protect them from …
$1,008 in Damages Awarded to Illinois State Prisoner by A federal jury awarded Gregory J. Turley, an Illinois state prisoner, $1,008 in compensatory and punitive damages for the retaliatory actions of two guards. Turley sued guards Julie Marry and Robert Gales, and Warden Roger Cowan for retaliation. In May 200, …
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