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Article • May 15, 2012
35,948 Arrested Yesterday by Maya Schenwar Wednesday, 23 May 2012 11:16 By Maya Schenwar, Truthout Last Friday, the day the NATO 3 were arrested, approximately 35,948 people were arrested across the United States. On Sunday, when at least 45 protesters were arrested at Chicago's NATO summit protests, approximately 35,948 Americans …
Michigan’s Abu Ghraib? Teaching Anthropology inside a Women’s Prison, On the Edge of a $100 Million Sex Abuse Scandal by Brian McKenna Brian McKenna Every prison has a story. At the Robert Scott Correctional Facility, in Michigan, the women were not allowed to touch one another or risk a "major …
Article • May 15, 2012
Filed under: Work, Workers' Compensation
Injuries Sustained As Result of Illegal Activity Not Compensable under Wyoming Worker's Compensation Act by In November 2011, the Wyoming Supreme Court held that a prisoner who is injured on the job as the result of an altercation with another prisoner is not eligible for workers' compensation benefits. Steven DeLoge, …
Juror Misconduct Nullifies $6.5 Million California Malpractice Verdict by The California Court of Appeals upheld the reversal of a $6.5 million wrongful conviction legal malpractice damage award due to juror misconduct. During an October 11, 1996 search of a rundown apartment building, Los Angeles Police Department (LAPD) officers Rafael Perez …
Article • May 15, 2012
Excessive Force by Des Moines Police Officers Leads to Proposed Settlement of $500,000 by In September 2011, the Des Moines City County voted on a $500,000 proposed settlement to end a federal lawsuit filed by a couple allegedly assaulted by two Des Moines police officers following a traffic stop. In …
Article • May 15, 2012
Federal Court Certifies Class in Lawsuit Challenging Adequacy of Safeguards Provided To Mentally Incompetent Aliens in Immigration Proceedings by In November 2011, the Honorable Dolly M. Gee, U.S. District Judge for the Central District of California, certified a class in a suit alleging a systemic failure on the part of …
21-Year Veteran Oregon Jail Guard Indicted for Sexual Assault by On February 29, 2012, a longtime Oregon jail guard was charged with sexually abusing a female prisoner in his custody. Eddie James Miller, 59, worked twenty-one years for the Multnomah County Sheriff's Office as a guard at the Inverness Jail …
Fifth Circuit Affirms Dismissal of Case Involving Texas Jail Prisoner’s Suicide by The Fifth Circuit Court of Appeals reluctantly affirmed a lower court's dismissal of a Texas jail suicide case. In April 2004, 23-year old Jamie Whitt was arrested on three misdemeanor charges and lodged in the Stephens County Jail. …
Article • May 15, 2012
Find a Mini-14 Rifle? Oregon Prison Wants it Back! by A lot of crazy things go missing in a prison and nobody ever notices. One would think, however, that someone would have immediately noticed that a semi-automatic .223-caliber Ruger Mini-14 rifle was missing from the prison's arsenal. Apparently not at …
Article • May 15, 2012
Requiring Oregon Prisoners to File Appeals Pro Se Abused Discretion by The Oregon Court of Appeals held that a lower court erred when it refused to appoint substitute counsel and required two prisoners to proceed pro se in state post-conviction relief (PCR) actions. Under Oregon's Post-Conviction Hearings Act, ORS 138.510 …
Article • May 15, 2012
Former Ohio Sheriff Sentenced to One Year of House Arrest for Theft and Ethics Violations by Derek Gilna By Derek Gilna Gerald T. McFaul was Sheriff of Cuyahoga County, Ohio for decades, but the 76-year old Democrat was contrite as he apologized to the people of Cuyahoga County for theft …
Former Puerto Rican Prisoner Wins Release but Loses § 1983 Action by Derek Gilna Former Puerto Rican Prisoner Wins Release but Loses § 1983 Action By Derek Gilna Angel Luis Feliciano-Hernandez, sentenced by a Puerto Rican court in 1981 to a "term of perpetual imprisonment for treatment" for a "record …
Fourth Circuit Reverses Injunction Relating to Publication of Social Security Number on Virginia Land-Transfer Records by Derek Gilna By Derek Gilna The appeal arose from a First Amendment challenge to Virginia's Personal Information Privacy Act, Va. Code Sec. 59.1-442 to 444, part of which prohibits “[i]ntentionally communicat[ing] another individual's social …
Fourth Circuit Reverses Muslim Prisoner Mail Restrictions by The Fourth Circuit Court of Appeals remanded for an evidentiary hearing to determine if Muslim publications were a threat to prison security. Appellant/Plaintiff Richard X. Brown brought before the Fourth Circuit Court of Appeals in October, 1970, his § 1983 claim for …
Article • May 15, 2012
Massachusetts Supreme Court Rules Prison Mail Regulations Vague & Overbroad by Massachusetts Supreme Court Rules Prison Mail Regulations Vague & Overbroad The Supreme Judicial Court of Massachusetts held that a prison policy governing censorship of incoming mail was unconstitutionally vague and overbroad. The court also held that another policy requiring …
Philadelphia Woman Detained 54 Days as Material Witness Settles for $275,000 by The Philadelphia District Attorney's Office paid a witness $255,000 to settle her claims that she was illegally detained for 54 days. Nicole Schneyder was a critical witness against Michael Overby in a 1990 rape and murder. Overby's first …
Article • May 15, 2012
Minnesota District Court Directs BOP to Reconsider Prisoner’s Denial of Halfway House Placement by Derek Gilna By Derek Gilna In a pre-"Second Chance Act" case, Judge Davis of the U.S. District Court, District of Minnesota, has granted prisoner Steven Allen Knish's § 2241 Petition, his motion to alter or amend …
Article • May 15, 2012
New York Attorney Malpractice Nets $250,000 Default Judgment by A New York federal court awarded a $250,000 default judgment against a lawyer who caused the dismissal of a client's case. Charles Robinson retained lawyer Campbell Holder to represent him in a New York state action against his former employer, Metro-North …
Houston, Texas Must Disclose Fatal Police Shooting Records by A Texas federal court granted Plaintiffs' motion to compel discovery filed by the estate of a man who was fatally shot by police. It also denied Defendants' motion for a protective order. Roland Carnaby was shot and killed by two members …
Culture of Abuse Continues at Oregon Mental Hospital Despite Ongoing DOJ Investigation by In June, 2006, the Civil Rights Division of the United States Department of Justice (DOJ) began investigating the Oregon State Hospital (OSH) for patient abuse and deficient care. On November 17, 2010, DOJ officials alerted the state …
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