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No New Trial on Religious Separatist Claims by The Eighth Circuit Court of Appeals affirmed the denial of new trial on a Missouri prisoner’s religious freedom claims. Missouri prisoner Michael Murphy “is a practicing member of the Christian Separatist Church Society (CSC)” which “allows only Caucasians to be members and …
No Qualified Immunity for Inadequate Iowa Disciplinary Notice by The Eighth Circuit Court of Appeals affirmed a lower court’s denial of qualified immunity to prison officials on an Iowa prisoner’s inadequate disciplinary notice claim. Iowa prisoner William Dible was granted work release in April 2003, and placed at a residential …
Article • September 15, 2011
Eighth Circuit Rules Previous Dismissals Not “Strikes” For Iowa Prisoner by On December 29, 2006, the U.S. Eighth Circuit Court of Appeals held that the dismissal of a prisoner’s previous federal lawsuits could not be counted as “strikes” under 28 U.S.C. § 1915(g) because the prisoner had not yet exhausted …
Article • September 15, 2011
Minnesota Commissioner of Corrections Not Immune From Section 1983 Suit Seeking Injunctive Relief by John Dannenberg by John E. Dannenberg The Minnesota Court of Appeals ruled that the Commissioner of Corrections does not enjoy absolute immunity from injunctive relief when acting in her “quasi-judicial” capacity to review a lifer’s suitability …
Article • September 15, 2011
Texas Parolee Has Right to Preliminary Revocation Hearing Despite New Charges by On October 3, 2007, the Texas Court of Criminal Appeals held that a Texas parolee has a right to a preliminary parole revocation hearing even if the parolee is imprisoned awaiting trial on a new charge. Jesse Richard …
Article • September 15, 2011
California DOC Officials Enjoy Absolute Immunity From Tort Liability Under Civil Code by John Dannenberg by John E. Dannenberg When a private prison corporation sued Director Jeanne Woodford of the California Department of Corrections and Rehabilitation (CDCR) for alleged defamatory statements made against the corporation's performance on a CDCR contract, …
Article • September 15, 2011
Texas Supreme Court: Error to Dismiss Appeal for Untimely Indigence Affidavit by On November 2, 2007, the Supreme Court of Texas held that a court of appeals may not dismiss an appeal because the appellant failed to file an affidavit of indigence “with or before” the notice of appeal. Linda …
Canada's Supreme Court Reduces Award To Ex-Prisoner Sexually Assaulted By Guard by On February 8, 2008, the Supreme Court of Canada issued a unanimous ruling reducing by almost half the award given an ex-prisoner who was a youthful victim of a sexual predator guard. When he was 18, Dean Zastowny …
Names of Prison Staff Not Required In Grievances by Brandon Sample By Brandon Sample New York state prisoners do not have to name prison officials in their grievances in order to exhaust administrative remedies, the U.S. Court of Appeals for the Second Circuit decided February 2, 2009. The court's decision …
Article • September 15, 2011
Denial of Habeas Corpus Ad Testificandum Not Reviewable on Immediate Appeal by By David M. Reutter The Seventh Circuit Court of Appeals has dismissed for want of appellate jurisdiction a prisoner’s appeal of the denial of a petition for writ of habeas ad testificandum. Before he was sentenced to prison …
Article • September 15, 2011
Filed under: Sentencing, Parole
Michigan DOC Cannot Cancel Parole Discharge by David Reutter By David M. Reutter The Michigan Supreme Court has held that the Michigan Department of Corrections (MDOC) does not have authority to cancel a parole discharge once granted, and that courts have no authority to modify a sentence in response to …
Article • September 15, 2011
Illinois Governor’s Failure to act on Clemency Petition Actionable by By Brandon Sample Persons seeking executive clemency in Illinois have a protected liberty interest in having their petitions decided within a reasonable time by the governor, U.S. District Judge Joan B. Gottschal so held March 11, 2008. Stephanie Bowens and …
Federal Court Continues Oversight of Wyoming State Penitentiary by A Wyoming federal district court had entered an order that continues its supervision of the Wyoming State Penitentiary. That supervision began in October 2003 as the result of a class action civil rights action, alleging unconstitutional conditions of confinement that failed …
Article • September 15, 2011
New York DOC’s Failure To Transmit Protective Custody Order Is Actionable by John Dannenberg by John E. Dannenberg The Supreme Court of New York held that the Court of Claims erred when it dismissed a prisoner’s damages claim for injuries suffered when he was not placed in protective custody as …
Article • September 15, 2011
South Carolina MSU Publication Ban Challenge is Moot by The Fourth Circuit Court of Appeals has dismissed a South Carolina prisoner’s challenge to a prison publication ban, concluding that the action was moot because the ban no longer applied to him. In 1995, South Carolina Department of Corrections (SCDC) prisoner …
Tennessee GPS Monitoring of Sex Offenders Upheld by The Sixth Circuit Court of Appeals has held that Tennessee’s Sex Offender Registration and Monitoring acts do not violate the ex post facto prohibition of the U.S. Constitution. In doing so, the appellate court determined that tracking via a global positioning system …
Article • September 15, 2011 • from PLN September, 2011
Paperwork SNAFU Leaves Mentally Ill Woman Jailed in Louisiana for Eight Months by A paperwork error was blamed for a schizophrenic and bipolar woman being held in Louisiana jails for eight months even though the charges against her were dropped and she had not been appointed an attorney. Louisiana state …
Article • September 15, 2011 • from PLN September, 2011
California State Auditor Reports on CDCR Malfeasance by In January 2011, the California State Auditor presented an investigative report to the governor and legislative leaders that summarized substantiated allegations of improper activities involving several state agencies, including the California Department of Corrections and Rehabilitation (CDCR). The reported investigations were completed …
Article • September 15, 2011 • from PLN September, 2011
Official Capacity Not the Same as Governmental Agency in Texas Civil Suit by Matthew Clarke by Matt Clarke On June 24, 2010, a Texas Court of Appeals held that suing employees of the Texas Department of Criminal Justice (TDCJ) in both their official and individual capacities was not the same …
Article • September 15, 2011 • from PLN September, 2011
Filed under: News, News in Brief
News In Brief by Arizona: A Maricopa County deputy and two jail guards were arrested in May 2011 and charged with drug offenses, money laundering and human trafficking. One of the guards, Marcella Hernandez, said she was pregnant with the child of Francisco Arce-Torres, an alleged member of the Mexican …
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