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Article • September 15, 2007 • from PLN September, 2007
Florida Homeless Sex Offender Ruling Reversed, FDOC Changes Policy Anyway by David Reutter by David M. Reutter Florida?s Fifth District Court of Appeals has reversed, on procedural grounds, an order by the Volusia County Circuit Court that enjoined the Florida Department of Corrections (FDOC) from engaging in the ?practice of …
Article • September 15, 2007 • from PLN September, 2007
Texas Must Afford Prisoners Due Process in Trust Fund Garnishment by Matthew Clarke by Matthew T. Clarke In an unprecedented decision, a Texas court of appeals held that the state must give a prisoner notice and other due process protection when garnishing his trust fund for payment of criminal fines. …
Article • September 15, 2007 • from PLN September, 2007
Texas Court of Appeals Reverses Termination of Prisoner’s Parental Rights by Matthew Clarke Texas Court of Appeals Reverses Termination of Prisoner's Parental Rights by Matthew T. Clarke A Texas court of appeals held that when terminating a prisoner's parental rights the two-year period of incarceration used to justify the termination …
Article • September 15, 2007 • from PLN September, 2007
Big Brother Monitoring Michigan Sex Offenders by Not satisfied with conventional methods of monitoring sex offenders, Michigan is taking a hi-tech approach. Along with the ubiquitous ?school safety zones? and residency restrictions, concerned citizens can now be notified by email when changes are made to the state?s online sex offender …
Article • September 15, 2007 • from PLN September, 2007
Pennsylvania DNA Act Not Ex Post Facto by The Pennsylvania Supreme Court held that the state?s mandatory DNA collection law does not violate state or federal ex post facto prohibitions. The court upheld application of the law to one defendant, finding that she was convicted of a predicate offense. It …
Erroneous Jury Instruction Nets Raped Missouri Prisoner New Civil Trial by The Eighth Circuit Court of Appeals reversed a jury verdict against a prisoner-plaintiff, finding that the lower court erred in responding to a jury question during deliberations. Missouri Department of Corrections (MDOC) prisoner Ronnie Conley was raped repeatedly by …
New Investigative Solution by LexisTracks Sex Offenders, Wherever They Are by LexisNexis, an information industry leader, has created a new advanced investigation solution to track and locate sex offenders. The solution is being touted as a tool for law enforcement to use when a child is abducted. There are over …
Article • September 15, 2007 • from PLN September, 2007
Illinois Parole Board Pays Nearly $11,000 in Attorney Fees, Can Only Charge Reasonable Postage and Copying Costs by On February 7, 2007, the Appellate Court of Illinois ruled that because the Illinois parole board had wrongfully withheld documents and charged outrageous fees for copies, it was liable for attorney fees …
Article • September 15, 2007 • from PLN September, 2007
Forced Work in Dangerous Washington Prison Job Conditions States Eighth Amendment Claim by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that known dangerous prison working conditions can give rise to an Eighth Amendment cruel and unusual punishment claim, even where the prisoner ?volunteered? …
CCA Fined for Florida Jail Escape; County Commission Poised to Impose More Fines by After a series of escapes, prisoner suicides and thefts by employees over the past year, Corrections Corporation of America (CCA) promised it would take action to prevent similar incidents at Florida?s Hernando County Jail (HCJ). The …
Article • September 15, 2007 • from PLN September, 2007
California: Disciplinary Conviction Upheld Where Petitioner Argued Only Violation of Constitutional Rights, Not State Law Rights by John Dannenberg Strictly construing the U.S. Supreme Court's "some evidence" rule, the California Court of Appeal held that where one cellmate had secreted contraband razor blades in his cell property, his cellmate could …
Bivens Claims Against Private Prison Employees May Fail When Other Remedies Available by In an evenly divided en banc rehearing, the United States Court of Appeals for the Tenth Circuit was unable to decide whether a Bivens action is available against employees of a privately?operated prison. In 2001, Cornelius E. …
Article • September 15, 2007 • from PLN September, 2007
California Sexual Predator Commitment Requires Trial; Cannot be Based on Civil Discovery Admissions by The California Court of Appeal, District 4, held that the civil commitment of sexual predators (Cal. Welfare and Institutions Code § 6600 et seq.) cannot be obtained upon admissions propounded under civil discovery rules. To do …
Fulton County Jail Consents to Improve Dismal Conditions by David Reutter The Fulton County Jail (FCJ) has entered into an agreement to correct the “dismal environmental conditions and poor maintenance” at the facility. A Georgia federal district court approved a consent order on February 7, 2006 to solidify the badly …
Brief • September 12, 2007
M.P. v. Texas Youth Commission, TX, Petition, Pepper Spray, 2007 M.P., by and through his next friend, A.T., D.M., by and through his next friend, N.J., and E.B., by and through her next friend, E.R. Plaintiffs v. TEXAS YOUTH COMMISSION and DIMITRIA D. POPE, in her official capacity as Acting …
Moore v. NM Dept of Corrections, NM, Complaint, Wrongful Death - Excessive Force, 2007 0 STATE OF NEW MEXICO COUNTY OF TORRANCE SEVENTH JUDICIAL DISTRICT IN THE DISTRICT COURT D-0722- CV - 2007 - 1 9 8 FARRlS P. MOORE, HELENE. MOORE, Individually and as Personal Representatives of the Estate …
Sanabria v. Hillsborough County, NH, Complaint, employee sex bias jail prisoner abuse, 2007 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE ************************** * * Plaintiff * * v. * * Hillsborough County Department * of Corrections * * Defendants * ************************** Doris Sanabria Civil Action: 1:07-cv-284-JM COMPLAINT PARTIES …
Publication • September 1, 2007
Department of Economics, Prison Health Care Contracting Study, 2007 Prison Health Care: Is Contracting Out Healthy? Kelly Bedard Department of Economics University of California, Santa Barbara kelly@econ.ucsb.edu H.E. Frech III Department of Economics University of California, Santa Barbara frech@econ.ucsb.edu September 2007 Abstract U.S. Prison health care has recently been in …
Brief • September 1, 2007
Multi-ethnic Immigrant Workers Organizing Network v. City of Los Angeles, CA, Guzman Class Rep Declaration, McArthur Park Excessive Force, 2007 1 2 DECLARATION OF NOEL GUZMAN RE: CLASS REPRESENTATIVE DUTIES 3 I, Noel Guzman, declare: 4 1. 5 following facts. 6 2. I am over the age of eighteen. I …
Brief • August 27, 2007
Barnes v. Sackman, WA, Response to Motion to Exclude Expert Testimony, Police Practices, 2007 Hon. Thomas S. Zilly 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 11 12 13 14 15 16 17 18 MAIKOIYO ALLEY-BARNES, Plaintiff, v. …
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