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Alaska Scope-of-Employment Certification Reviewable; State Immune from Guards' Excessive Force by The Alaska Supreme Court held that the Attorney General's certification that Defendant prison guards were acting within the scope of their employment is subject to judicial review. The Court also held that the State was immune for a prisoner's …
Alaska Supreme Court Resolves Jail Funding Fight by The Alaska Supreme Court held that the State's duty to house prisoners in the Kotzebue Regional Jail ceased when the contract between the City and State expired, but it owed a continuing duty to transport prisoners to court. "Built in 1988, the …
6th Circuit Upholds SORNA Conviction Despite Incomplete State "Implementation" by Derek Gilna 6th Circuit Upholds SORNA Conviction Despite Incomplete State "Implementation" By Derek Gilna David Wayne Felts' conviction for failure to register under the Sex Offender Registration Notification Act (SORNA) was upheld by the Sixth Circuit Court of Appeals, which …
Article • May 15, 2012
Filed under: Sentencing
Arkansas Supreme Court Orders Sentencing Court to Run Two Sentences Concurrently by By Derek Gilna The Arkansas Supreme Court had granted the appeal of prisoner Joe Louis Kelley, Jr., who had filed a petition for declaratory judgment and a writ of mandamus to compel the sentencing court to correct an …
Article • May 15, 2012
California: Cop Blasts 7-Year-Old Special Ed Student with Pepper Spray; San Mateo Pays $55,000 to Settle Federal Lawsuit by In December 2011, San Mateo (California) officials agreed to pay $55,000 to settle a federal lawsuit filed by the family of a 7-year-old special education student who, in June 2010, was …
Article • May 15, 2012
California Court of Appeal Grants Habeas Relief to Lifer Following Initial Board Appearance by In January 2012, in an unpublished opinion, the California Court of Appeal granted habeas relief to a life prisoner who challenged the decision of the Board of Parole Hearings to deny him parole at his initial …
District Court Awards over $300,000 in Attorney’s Fees in LAPD Excessive Force Case by In March 2011, the Honorable George H. King, U.S. District Judge for the Central District of California, awarded $299,400 in attorneys' fees and $4,317.44 in costs to a plaintiff who prevailed on her claims of excessive …
Seventh Circuit Dismisses Wisconsin Deputy Sheriff’s Retaliation Claim by The Seventh Circuit Court of Appeals dismissed a Wisconsin deputy sheriff's retaliation and state law claims against his boss. On May 17, 2007, Milwaukee County Deputy Sheriff David Hutchins called into a popular talk radio show and made critical comments about …
Seventh Circuit Upholds Dismissal of Police Excessive Force and Supervisory Liability Suit Brought by Veteran Illinois Prison Guard by The Seventh Circuit Court of Appeals affirmed the dismissal of excessive force claims against an Illinois police chief. Illinois Department of Corrections guard David Backes is a veteran of the Persian …
Article • May 15, 2012
Sixth Circuit Holds Lethal Injection Protocol Challenge Time Barred by The Sixth Circuit Court of Appeals affirmed a lower court's holding that a condemned Ohio prisoner's lethal injection procedure challenge was time-barred. In 1986, Richard Cooey, II was convicted of aggravated murder and sentenced to death in Ohio. His appeal …
Article • May 15, 2012
Sixth Circuit Reverses Dismissal of Tennessee Prisoner’s Medical Claim by The Sixth Circuit Court of Appeals reversed a lower court's dismissal for failure to state a claim, in a Tennessee prisoner's inadequate medical care suit. On June 26, 2004, Shelby County, Tennessee, detainee Robert Lee Barnett became ill when Nurse …
Article • May 15, 2012
Soy-Based Meals: Cruel & Usual in Florida by Soy-Based Meals: Cruel & Usual in Florida "Excessive soy can be toxic to the thyroid gland," according to Sally Fallon Morell, president and treasurer of the Weston A. Price Foundation. "It can have hormonal effects." Of course, the excessive flatulence and cramping …
Summary Judgment Motion Filed With Amended Complaint Premature by A California federal court denied sheriff's deputies summary judgment in their action alleging discriminatory employment practices. The court agreed with Defendants that the motion was premature. In October 2006, the San Francisco Sheriff's Department (SFSD) instituted a policy requiring that only …
Article • May 15, 2012
Tennessee Appeals Court Denies Prisoner's "Coram Nobis" Petition by Tennessee Appeals Court Denies Prisoner's "Coram Nobis" Petition Prisoner George Campbell Jr.'s appeal of the order of the trial court denying his petition for "coram nobis" relief has been dismissed by the Court of Criminal Appeals of Tennessee at Jackson. Campbell …
Tennessee CCA Warden Denied Summary Judgment for Excessive Force by A Tennessee federal court denied a private prison warden summary judgment on an excessive force claim for assaulting a handcuffed prisoner. James Ingram was a prisoner at the Hardeman County Correctional Facility (HCCF) in Tennessee, which is operated by Corrections …
Tennessee CCA Warden Fails to Prove Non-Exhaustion in Prisoner’s Excessive Force and Retaliation Suit by A Tennessee federal court denied prison officials summary judgment for non-exhaustion under the Prison Litigation Reform Act, finding that they failed to satisfy their burden of proving non-exhaustion. James Ingram was a prisoner at the …
Article • May 15, 2012
Tennessee Court Grants Prisoner’s Investigative Record Request by The Chancery Court of Shelby County, Tennessee, for the Thirtieth Judicial District at Memphis, has granted a Tennessee prisoner, George Campbell, his request for the complete investigative record of his case covering the death of Kevin M. McConico from the Sheriff of …
Third Circuit Troubled by Courtroom Shackling of Prisoners by The Third Circuit Court of Appeals expressed concern about shackling prisoners during a civil jury trial. However, the court concluded that any error was harmless, given a cautionary jury instruction. Anthony Sides was a prisoner at Pennsylvania's SCI Greene Correctional Facility, …
Article • May 15, 2012
Third Circuit Vacates Dismissal of Pennsylvania Prisoner’s Retaliation Claim by The Third Circuit Court of Appeals reversed summary judgment for prison officials on a Pennsylvania prisoner's retaliation claim. Patrick Toussaint is a prisoner of the State Correctional Institution at Cresson, Pennsylvania. In 2005, he brought federal suit alleging retaliation, denial …
Article • May 15, 2012
Pro Se Lawyer Not Entitled to FOIA Attorneys' Fees by The Second Circuit Court of Appeals held that a lawyer who represents himself in Freedom of Information Act (FOIA) litigation cannot recover attorneys' fees under 5 USC § 522(a)(4)(E). James E. Pietrangelo, II, "served as a judge advocate with the …
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