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Article • January 15, 2010
Nebraska Supreme Court Upholds Civil Commitment Law by The Nebraska Sex Offender Commitment Act (SOCA) does not run afoul of either the Nebraska or United States Constitutions, the Nebraska Supreme Court decided March 13, 2009. J.R. was convicted of first degree sexual assault of a child. Prior to his release …
New Jersey Open Records Act Applies To County's Settlement of Sexual Harassment Suit by On March 17, 2009, the New Jersey Court of Appeals held that a county's settlement agreement with a former employee who sued over sexual harassment in the workplace was subject to disclosure under the Open Public …
New Trial Ordered After Evidence of Set-Up Excluded by The Court of Appeals for Missouri has ordered a new trial in a case where a former prisoner alleged that he was set up by police. In 1985, Oren Gamble was charged with burglary based on information provided by Larry McCoy. …
Article • January 15, 2010
Washington DOC Agrees to Pay $450 To Settle Public Disclosure Act Suit by On March 1, 2006, the Washington Department of Corrections (DOC) agreed to settle a Public Disclosure Act (PDA) suit for $450. The suit, brought by Nicholas Roy, a prisoner at the Airway Heights Corrections Center, alleged that …
No Hearing Required for Oregon IMU Confinement by In a unanimous decision, the Oregon Supreme Court has held that state prisoners are not entitled to a hearing when they are confined in the Intensive Management Unit (IMU). The Oregon Department of Corrections (ODOC) operates two IMUs to segregate “prisoners who …
Attorney General’s SORNA Regulations Violate APA; Law Cannot be Applied to Offenders Convicted Before Its Enactment by The Sexual Offenders Registration and Notification Act (SORNA) may not be applied to offenders who were convicted of sex offenses before the statute’s enactment, the U.S. Court of Appeals for the Sixth Circuit …
Article • January 15, 2010
Judge Permits Medical Exam of Prisoner at ADX by U.S. Magistrate Judge Kathleen M. Tafoya has granted in part and denied in part a motion seeking to inspect two federal prisons, and to examine a prisoner incarcerated there. Thomas Silverstein has been in segregation over 22 years for killing Bureau …
Article • January 15, 2010
Georgia Mail Policy Limiting Who Can Send Internet Material Upheld, then Changed by On December 4, 2007, Chief U.S. District Judge Hugh Lawson upheld a Georgia Department of Corrections (DOC) policy that prohibited prisoners from receiving materials printed from the Internet from persons other than publishers, vendors, or attorneys. Danny …
Remitter Granted In Malicious Prosecution Action; Court Denies Request for State to Indemnify Defendant by A remitter has been ordered in a 42 U.S.C. § 1983 action brought by a psychologist formerly employed by the New York State Office of Mental Retardation and Developmental Disabilities (DMRDD) after the psychologist was …
Article • January 15, 2010
Second Circuit Remands Iqbal v. Ashcroft for Possible Amendment by On July 28, 2009, the Second Circuit Court of Appeals remanded Iqbal v. Ashcroft to the district court for a determination of whether Iqbal should be granted leave to amend his complaint. Javaid Iqbal, a Muslim Pakistani, and Ehad Elmaghraby, …
Article • January 15, 2010
Tenth Circuit Reverses Discovery Order In FOIA Case by On July 2, 2009, the U.S. Court of Appeals for the Tenth Circuit reversed a discovery order in a Freedom of Information Act (FOIA) suit permitting depositions of two federal prisoners who allegedly had knowledge of records withheld by the FBI …
$13,500 Settlement in Washington Sex Discrimination Claim; Public Records Act Violation by The State of Washington has paid $13,500 to settle the Public Records Act and gender discrimination suit of Marge Southard, a counselor for the Department of Social and Health Services (DSHS). Southard was employed by DSHS as a …
Article • January 15, 2010
Defendants Lack Standing To Challenge SORNA Under Tenth Amendment by On May 13, 2009, the U.S. Court of Appeals for the Eighth Circuit rejected on grounds of standing a Tenth Amendment and Administrative Procedure Act (APA) challenge to the Sex Offender Registration and Notification Act (SORNA). Scott Hacker pled guilty …
Ninth Circuit Rejects Retroactive Award of Attorney’s Fees under Open Government Act by On July 8, 2009, the U.S. Court of Appeals for the Ninth Circuit affirmed in part and reversed in part an award of attorney’s fees in a Freedom of Information Act (FOIA) and Administrative Procedure Act (APA) …
California DOC’s Former Healthcare Receiver Overpaid Staff Benefits by $218,790 by Marvin Mentor A February 2008 “disbursement review” report by California’s Inspector General (IG) revealed that the state’s former federal court-appointed prison healthcare Receiver, Robert Sillen, had expended hundreds of thousands of dollars in questionable expenses for travel, in-lieu employee …
$26,000 Settlement for Public Records Violations by Washington Jail by Washington state’s Kitsap County Jail paid $26,000 to settle an Americans with Disabilities Act (ADA) claim that resulted in “catastrophic injuries” to a prisoner. The claim also asserted violations of Washington’s public records law. The claim was filed on behalf …
Bailey v. Pataki, NY, Memo to Preclude-Prejudicial Evidence-Bifurcation - Sex Offenders (2010) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KENNETH BAILEY, Plaintiff, -againstGEORGE PATAKI, et. al., Defendants. Case No. 08-Civ-8563 (JSR) Memorandum in Law in Support of Plaintiff’s Motions for Preclusion of Prejudicial Evidence and for Bifurcation TABLE …
Brief • December 23, 2009
Prison Legal News v. Tilton, CA, CDCR Public Records Order, 2009 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO GORDON D SCHABER COURTHOUSE MINUTE ORDER [X] Amended on 12/23/2009 Date: 12/23/2009 Time: 09:00:00 AM Judicial Officer Presiding: Shelleyanne W L Chang Clerk: J. Hart Reporter/ERM: T. Goleno CSR# 10127 Bailiff/Court Attendant: …
Article • December 15, 2009
Fees and Costs Awarded Against Washington State DOC in Public Records Appeal by On July 25, 2005, a Washington State Court of Appeals awarded a citizen additional fees and costs incurred in a Public Records Act (PRA) suit. John R. Berg requested disclosure from the Washington State Department of Corrections …
Article • December 15, 2009
Illinois Federal Court Refuses to Dismiss Chicago Jail Strip Search Suit by On September 15, 2008, a federal court in Illinois denied a motion to dismiss by the Sheriff of Cook County and Cook County, Illinois, in a suit involving the strip searching of prisoners returning from court appearances. Charles …
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