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Colorado District Court Examines Responsibility in Issuing Search Warrants Following $425,000 Settlement for Illegal Computer Search by A $425,000 settlement was reached in December, 2011 in a federal civil rights action against a prosecutor who approved an application for an illegal search. It may be the first ruling of its …
Utah Private Corrections Center Employees under Federal Indictment for Evidence Tampering by A federal investigation resulted in criminal charges against two employees of a Salt Lake City, Utah corrections center for federal prisoners. A federal probe targeted Cornell Community Corrections Center, a private corporation that contracts to house prisoners who …
Article • May 15, 2012
Virginia FOIA Inapplicable to State Corporation Commission by The Virginia Supreme Court held that the Virginia Freedom of Information Act (VFOIA) does not apply to the State Corporation Commission (SCC). On May 13, 2009, George H. Christian requested that the SCC produce documents pursuant to the VFOIA. On May 22, …
Article • May 15, 2012
Filed under: News, State Legislation
Washington Impound Law Does Not Bar Conversion Action by The En Banc Washington State Supreme Court held that the statutory process for redeeming impounded vehicles is not an exclusive remedy. As such, the court held that a person whose vehicle is unlawfully impounded may bring a conversion action against the …
Article • May 15, 2012
Washington Public Records Act Dismissal Reversed by The Washington state Court of Appeals reversed a trial court's dismissal of a claimed Public Records Act (PRA) violation. The court also held that Plaintiff was entitled to costs and penalties for the County's failure to timely produce the requested records. Relying on …
Article • May 15, 2012
Washington Sentence May Not Exceed Statutory Maximum; Court Determines Sentence Length, Not DOC by The Washington state Court of Appeals held that the sentencing court must ensure that the sentence imposed does not exceed the statutory maximum sentence. Randy Linerud pled guilty to failing to register as a sex offender …
Washington Supreme Court Reverses Judge's Indigency Status Denial by The En Banc Washington state Supreme Court reversed a lower court's denial of a judge's motion for indigency status. Soon after he was elected to the Pierce County Superior Court Bench, Judge Michael A. Hecht was convicted of felony harassment and …
Article • May 15, 2012
Oregon Jail Guard Stabbed in the Face with Pencil by On August 7, 2011, two prisoners stabbed a guard in the face with a pencil at the Washington County Jail (WCJ) in Hillsboro, Oregon. Deputy Adam Slater, 27, was working at a desk at about 4 p.m., on Sunday, August …
Article • May 15, 2012
Oregon Off-Duty Police Dog Bite Claim Nets $82,500 by The Washington County Sheriff's Department, in Hillsboro, Oregon, paid a family $82,500 after an off-duty police dog attacked their child. In November 2004, the mother of Tyler Cox, off-duty Washington County sheriff's deputy Kelly McLeod and off-duty K-9 handler, Deputy Charles …
Article • May 15, 2012
Oregon Suicide Death Suit Settled for $59,422 by Multnomah County, Oregon, officials paid $59,422 to settle a lawsuit brought by the estate of a woman who committed suicide in jail. Berta Ray Lee, 27, was the mother of three young children, ages 5, 7, and 9 years of age when …
Article • May 15, 2012
Presidential Death Threat Nets Four More Years; Mentally Ill Oregon Prisoner Continues Murder Plots by On August 3, 2011, a mentally ill Oregon prisoner who pleaded guilty to sending letters threatening to kill President Barack Obama was sentenced to four more years in prison. David Earl Anderson, Jr., 28, suffers …
Article • May 15, 2012
Filed under: State Statutes, Zoning
Prison Firing Range Noise Nuisance Does Not Amount to Regulatory “Taking” by The Washington Court of Appeals upheld a lower court's conclusion that noise from a prison firing range did not interfere with neighboring property use. In 1886, the Washington State Penitentiary opened in Walla Walla, Washington. A firing range …
Article • May 15, 2012
Filed under: Medical, Gastrointestinal
Prisoner Settles Suit over Failure to Treat Crohn's Disease by Lindsay John Max, a California state prisoner, filed a civil rights action in federal court pursuant to 42 U.S.C. § 1983 alleging that various officials in the California prison system had failed to provide proper medical treatment for his Crohn's …
Qualified Immunity Upheld in Maryland Prison Employees’ Suit over Strip Search Following Positive Ion Drug Scan by Employees and independent contractors at the Maryland Correctional Center Training Center were subjected to search by a portable ion scanning machine in an attempt to interdict drugs being smuggled into the facility. Eight …
Article • May 15, 2012
Rhode Island Wrongful Conviction Nets Detective over $600,000 by A former Rhode Island detective who was wrongfully convicted and served more than six years in prison for a murder he did not commit, was paid $600,000 to settle two lawsuits. Jeffrey Scott Hornoff was a Warwick, Rhode Island detective who …
Article • May 15, 2012
Second Circuit Dismisses New York Prisoner's § 1983 Action for Deliberate Indifference to Diabetic Diet by Second Circuit Dismisses New York Prisoner's § 1983 Action for Deliberate Indifference to Diabetic Diet The Second Circuit Court of Appeals has dismissed a § 1983 claim by prisoner Steve Collazo, who had alleged …
Second Circuit Rules No Property Interest in Prison Industries Job, Joining Third, Fifth and Seventh Circuits by In an unpublished opinion, the Second Circuit Court of Appeals held that federal prisoners do not have a protected property interest in a UNICOR job assignment. The court also affirmed the dismissal for …
Article • May 15, 2012 • from PLN May, 2012
Prison Slave Labor Replaces Freeworld Workers in Down Economy by David Reutter The fact that prison slave labor can cut costs and generate revenue has never been a secret. Private businesses nationwide are vying to exploit prisoner workers to reduce operating expenses and gain a competitive advantage, while government agencies …
Brief • May 15, 2012
Kostman and Najjar v. City of New Brunswick, NJ, 2nd Amended Complaint, Excessive Force Wrong Apt, 2012 Case 3:11-cv-00756-JAP-DEA Document 27 Filed 05/15/12 Page 1of18 PagelD: 264 By: Bryan Konoski, Esq. (BK 7563) TREYVUS & KONOSKI, P.C. 305 Broadway, 14th Floor New York, NY 10007 (212) 897-5832 bkonoski@aol.com UNITED STATES …
Brief • May 14, 2012
Frenzel v Los Angeles County Ca Board Item Failure to Furnish Medical Care to Minor on Probation 2012 COUNTY OF LOS ANGELES OFFICE OF THE COUNTY COUNSEL 641 KENNETH HAUN HALL OF ADMINIS TR AT ION SOO WEST TEMPLE STREET LOS ANGELES, CALIFORNIA 90012 · 2713 TELEPHONE (213)974·1861 FACSIMILE JOHN …
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