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Article • April 15, 2013
Washington Photo Confiscation/Destruction Not Negligent by The Washington State Court of Appeals upheld a lower court's dismissal of a prisoner's negligence claim for the confiscation and destruction of family photographs. Kurt Engle was convicted of raping and molesting his minor daughter and son. The trial court ordered that Engle was …
Third Circuit: Prison Disciplinary Hearing Officer Must Examine Potentially Exculpatory Evidence by The Third Circuit held, twice in the same case, that it is a due process violation for a prison hearing officer not to examine documentary evidence that a prisoner charged with a disciplinary infraction believes will exonerate him, …
Article • April 15, 2013
California Prison Officials Ordered to Provide Prisoners with Copies of their Administrative Appeals by In January 2008, the Fresno County Superior Court ordered Pleasant Valley State Prison (PVSP) officials to provide PVSP prisoners with photocopies of their administrative appeals at all levels of review. The order covered the administrative appeals …
Wisconsin Supreme Court Upholds Disciplinary Result by David Reutter By: David M. Reutter The Supreme Court of Wisconsin held, on December 14, 2010 that a prison guard’s involvement in the investigation in an incident is not “substantial involvement” that violates the due process right to an impartial decision maker in …
Tennessee DOC Accused of Covering Up Violent Incidents by Alex Friedmann As previously reported in Prison Legal News, the Tennessee Department of Correction (TDOC) has been experiencing higher levels of prisoner-on-prisoner and prisoner-on-staff violence since Commissioner Derrick Schofield was appointed in January 2011. The increased violence coincides with a number …
DC Court Disbars Former Federal Prosecutor for Misconduct by Derek Gilna On March 8, 2012, for the first time in over ten years, a former federal prosecutor was disbarred for “egregious” misconduct during the prosecution of several high-profile murder cases in the 1990s. According to a 2010 investigation by USA …
“Shocks the Conscience” Test Applied to Conditions at Civil Commitment Center by The Eighth Circuit Court of Appeals has held that the “shocks the conscience” standard, as opposed to the “professional judgment” standard, is the proper analysis when determining an alleged due process violation based on the treatment and discipline …
Equitable Tolling of AEDPA Includes Non-English Speaking Petitioners by The Third Circuit Court of Appeals has held that a language inability, when combined with denial of legal or translation assistance, can be an extraordinary circumstance for equitable tolling purposes in habeas cases. The issue was before the Third Circuit following …
Failure to Record Disciplinary Hearing, Allow Adverse Witnesses in Alaskan Prison Disciplinary Hearing Violates Due Process by Matthew Clarke by Matt Clarke On September 2, 2011, the Supreme Court of Alaska held that due process was violated when prison officials failed to record a prisoner's disciplinary hearing or allow him …
Tenth Circuit: Terrorism Prisoners Lack Liberty Interest in Transfer to ADX by Derek Gilna Omar Rezaq, Mohammed Saleh, El-Sayyid Nosair and Ibrahim Elgabrowny, convicted of terrorism-related offenses and confined at the federal supermax ADX facility in Florence, Colorado, filed suit contending they had a liberty interest in “avoiding transfer without …
Supreme Court Adopts Strickland Prejudice Standard for Rejected Plea Bargains by Derek Gilna The U.S. Supreme Court, in a 5-4 ruling, has extended Strickland guarantees of effective legal representation to defendants entering into plea bargains. According to Justice Anthony Kennedy, who delivered the majority opinion of the Court, “The reality …
Forms of Judicial Deference in Prison Law by Sharon Dolovich by Sharon Dolovich1 Anyone familiar with the constitutional law of prisoners’ rights knows how ready courts are to find against prisoners in the name of “judicial deference.” It is not unreasonable for courts to grant a measure of deference to …
Dramatic Increase in Percentage of Criminal Cases Being Plea Bargained by Matthew Clarke by Matt Clarke Over the course of the past few decades there has been a significant increase in the percentage of criminal cases being plea bargained and a corresponding decrease in cases that are taken to trial. …
Article • December 15, 2012 • from PLN December, 2012
Missouri County Ordered to Present Civil Detainees Before Court within 27 Hours; $75,000 Damages Settlement by A Missouri federal district court has entered a consent decree in a class-action lawsuit that prohibits county officials from holding people detained for more than 27 hours, excluding weekends and holidays, on a civil …
Washington Jail Prisoner Settles Retaliation Claim for $10,000 by Washington State’s Pierce County has agreed to pay $10,000 to settle a federal lawsuit that claimed a prisoner was subjected to retaliation in the form of solitary confinement for exercising his First Amendment right of access to the courts. Neil Grenning …
Habeas Hints: 2012 Supreme Court Habeas Highlights: Plea Bargaining Cases by Kent A. Russell by Kent Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on “AEDPA” (Antiterrorism and Effective …
Iowa SOTP Requirement Does Not Violate Fifth Amendment by The Iowa Supreme Court has held that prison officials do not violate the Fifth Amendment by depriving convicted sex offenders of earned-time sentence reductions when they refuse to participate in a sex offender treatment program (SOTP) that requires them to admit …
$2.3 Million Jury Award in Washington, D.C. Wrongful Parole Revocation Suit by A District of Columbia (D.C.) federal jury has awarded $2.3 million to a former prisoner who spent ten years in prison after his parole was wrongfully revoked based on unreliable hearsay evidence. Charles Singletary was convicted of robbery, …
Article • September 15, 2012 • from PLN September, 2012
Tenth Circuit Holds Due Process Requires Meaningful Segregation Reviews by Brandon Sample Prisoners indefinitely confined to administrative segregation are entitled to meaningful, periodic reviews of their segregation status, the U.S. Court of Appeals for the Tenth Circuit held on June 20, 2011, while granting qualified immunity to the prison official …
Article • August 15, 2012 • from PLN August, 2012
Termination from Drug Treatment Program Fails to State Liberty Interest Claim by The Eighth Circuit Court of Appeals has held that the decision of prison officials to remove a prisoner from a drug treatment program, which made him ineligible for a probated sentence, was insufficient to confer a liberty interest …
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