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WA Disciplinary Hearings Exempt from APA by The Washington state Supreme Court held that prison disciplinary hearings are immune from judicial review under the Washington Administrative Procedures Act. Court notes that judicial review of prison disciplinary hearings is available in state court under habeas corpus, certiorari, mandamus and Personal Restraint …
Article • May 15, 2007
Filed under: State Statutes, Zoning
City Can Limit Vermont State Prison Population by The Vermont Supreme Court unanimously ruled that a city may limit the number of prisoners held in a state prison located within that city's limits. In 1992, the Vermont Department of Corrections (VDOC) applied to the City of South Burlington for a …
Article • May 15, 2007
Filed under: State Statutes, Zoning
Demolition of Historic California Jail Stayed Pending New Study by John Dannenberg By John E. Dannenberg The County of Monterey, California wanted to demolish its 73-year-old Main Jail in Salinas, but was challenged by preservationists who wished it refurbished and maintained as an historic building. The preservationists ("Architectural Heritage Association") …
Indianapolis’ Sex Offender Ordinance Banning Presence in Public Places with Children Enjoined by Indianapolis' Sex Offender Ordinance Banning Presence in Public Places with Children Enjoined An Indiana federal district court has granted a preliminary injunction to the plaintiffs in an action challenging a City of Indianapolis ordinance that bans sex …
California’s “High-Risk” Sex Offender Parolees Ostracized; Parole Official Fired by John Dannenberg California's "High-Risk" Sex Offender Parolees Ostracized; Parole Official Fired by John E. Dannenberg California's 2,000 "high-risk" sex offenders (HRSOs) currently on parole are increasingly being ostracized following relentless publicity as to their whereabouts, forcing parole officials to continuously …
Maryland Disciplinary Rules Violate APA by The Maryland Supreme Court invalidated prison disciplinary ?directives? because they were not adopted in conformity with the State Administrative Procedure Act (APA). Under the Maryland APA, all state agencies must follow certain procedures when adopting ?regulations? as defined by the APA. The APA excludes …
Federal Judge Suspends Some Georgia Sex Offender Residency Restrictions by Matthew Clarke by Matthew T. Clarke On June 29, 2006, e federal judge in Georgia granted class-action status and a temporary restraining order (TRO) suspending enforcement of some provisions of Georgias sex offender residency law (SORL), Ga.Code.Ann. § 42-15. The …
Focus on Sex Offenders Increases While Number of Sex Offenses Decline by In September, 2006 the U.S. Bureau of Justice Statistics released its annual Crime Victimization report for 2005, which indicated a dramatic drop in the number of rapes and sexual assaults nationally. The 191,670 reported incidents represent an almost …
Florida Violates Sex Offenders for Possessing Common Men's Magazines by Florida Violates Sex Offenders for Possessing Common Men's Magazines The State of Florida, in a crackdown on sex offenders, is sending probationers to jail for probation violations because they possessed racy magazines or sex manuals. The crackdown comes from increased …
Brief • October 17, 2005
Griffith v. Weisner et al, NC, Petition to Sue, public records denial indigent leashing prisoners, 2005
Article • October 15, 2005 • from PLN October, 2005
California Family Visiting Appeal Denied by The California Court of Appeal affirmed the denial of a state prisoner's quest for injunctive and declaratory relief that would have invalidated the 1996 amendments to the Department of Corrections' (CDC) family [overnight] visiting rules excluding him from participation. The case had received much …
Article • September 15, 2005 • from PLN September, 2005
Seventh Circuit Upholds Indiana Sex Offender's Banishment From City Parks by In a decision that further restricts the already limited movement of sex offenders, the en banc U.S. Seventh Circuit Court of Appeals has held that banning a convicted child molester from all public parks in the City of Lafayette, …
Federal Prisoner Wins Right To Marry, Fees Awarded by A federal prisoner has settled his lawsuit against the Bureau of Prisons (BOP) for $175 and permission to marry his fiancée. The court also awarded attorney fees of $21,537.50 in a separate proceeding. On November 2, 2000, while imprisoned at U.S.P. …
Brief • 2005
Syring v. Oneida County, WI, Declaration of Mark Syring, Zoning Regulations, 2005 (1) UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN Mark Syring, Darlings Gifts HZL, Inc., and MLS Investments, Inc., Plaintiffs, v. Case No. 05 C 0061 C ONEIDA COUNTY and TOWN OF HAZELHURST, Defendants. DECLARATION OF MARK SYRING …
Brief • 2005
Syring v. Oneida County, WI, Motion for Preliminary Injunction, Zoning Regulations, 2005 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN MARK SYRING, DARLINGS GIFTS HZL, INC., and MLS INVESTMENTS, INC., Plaintiffs, v. Case No. 05 C 0061 C ONEIDA COUNTY and TOWN OF HAZELHURST, Defendants. PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION …
Brief • 2005
Syring v. Oneida County, WI, Brief in Support of Preliminary Injunction, Zoning Regulations, 2005 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN MARK SYRING, DARLINGS GIFTS HZL, INC., and MLS INVESTMENTS, INC., Plaintiffs, v. Case No. 05 C 0061 C ONEIDA COUNTY and TOWN OF HAZELHURST, Defendants. BRIEF IN SUPPORT …
Brief • 2005
Syring v. Oneida County, WI, Declaration of Mark Syring, Zoning Regulations, 2005 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN Mark Syring, Darlings Gifts HZL, Inc., and MLS Investments, Inc., Plaintiffs, v. Case No. 05 C 0061 C ONEIDA COUNTY and TOWN OF HAZELHURST, Defendants. DECLARATION OF MARK SYRING IN …
Iowa Sex Offender Residence Restrictions Unconstitutional by by Matthew T. Clarke A federal court in Iowa has held that the residential restrictions placed upon sex offenders by Iowa Code § 692A.2A are unconstitutional. John Does I-III, Iowa sex offenders, filed a class-action suit under 42 U.S.C. § 1983 in Iowa …
Article • August 15, 2004 • from PLN August, 2004
Washington Agencies Must Explain Reasons for Denying Public Disclosure Requests by Washington Agencies Must Explain Reasons for Denying Public Disclosure Requests Division II of the Washington State Court of Appeals has reversed a trial court's dismissal of an action challenging the state Department of Corrections' (DOC) denial of a request …
New Iowa Law Creates Sex Offender Residency Zones by A new Iowa law, passed in 2002, prohibits any sex offender who has victimized a child from living within 2,000 feet of a school or child-care center. The law has effectively exiled these ex-cons to enclaves on the outskirts of town, …
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