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Brief • July 18, 2011
Anderson v. County of Siskiyou, CA, 2nd Amend. Complaint, Jail Suicide, 2011 Case 2:11-cv-00117-GEB -EFB Document 67 1 2 3 4 Filed 07/18/11 Page 1 of 33 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: …
Rodriguez v. Miramontes, AZ, Complaint, Failure to Protect, 2011 case 2:11-cv-00926-DGC-ECV Document 7 Filed 07/18/11 Page 1 of 40 Case: 2:11-cv-00926-DGC --ECV --~».:= EILEO _ ~AEOEIVED Rodriguez, Ismael, V-66353 L G _copy JUL I 8 2011 Nam:: nnd Pri~ncr/13ooking Number California State Prison - Los Angeles County CLEAK U S …
Article • July 15, 2011
California: Bringing Medical Marijuana Into Jail Is Not A Felony by John Dannenberg by John E. Dannenberg The California Court of Appeal held that because California’s 1996 voter-approved Medical Marijuana Program Act (Proposition 115) permits a citizen to possess marijuana for medical use, bringing such approved marijuana into jail could …
Article • July 15, 2011
Texas Prisoner's Premises Defect Suit Against Dallas County Reinstated by Matthew Clarke by Matthew T. Clarke A Texas court of appeals has reinstated the pro se, in forma pauperis negligence and premises defect tort suit brought by a Texas prisoner against Dallas County and the Sheriff of Dallas County after …
Article • July 15, 2011
Administrative Forfeiture of Assets Requires Notice by The Fifth Circuit Court of Appeals has held that an evidentiary hearing must be held to determine if constitutional notice was given by the Drug Enforcement Agency (DEA) to administratively forfeit $13,000. That holding comes after a Mississippi federal district court held the …
Fulton County’s Blanket Strip Search Policy Unconstitutional by The Eleventh Circuit Court of Appeals has held unconstitutional a blanket strip search policy of arrestees as part of their point-of-booking into jail, of detainees who posted bond or were ordered released at the jail before booking was started or completed, and …
Prison Officials’ Determination of Gang Symbols in Outgoing Mail Accorded Deference by The Seventh Circuit Court of Appeals has applied the “substantial deference” doctrine to a prisoner’s claim challenging censorship of his outgoing mail. After the district court granted summary judgment to prison officials, Wisconsin prisoner Joseph Koutnik appealed that …
New York Sex Offenders’ Settlement Agreement Superseded By New Registration Law by John Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals dealt a blow to New York state sex offenders when it ruled that in spite of an earlier suit and settlement agreement constraining sex offender …
Tenth Circuit: Cornell Corrections’ Procedural Defense To Federal Prisoner’s ETS Suit Fails On Inadequate Grievance Recordkeeping by John Dannenberg by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals reversed the dismissal on summary judgment below and remanded to the U.S. District Court (D. N.Mex.) a pro per federal …
Article • July 15, 2011
Filed under: Organizing, Voting
Alabama Court Bans Felon Disenfranchisement Until Legislature Defines Moral Turpitude Crimes by Alabama’s Jefferson County Circuit Court has held that Alabama’s Constitution permissibly disenfranchises felons convicted of crimes of moral turpitude, but the absence of legislation defining moral turpitude prevents any felon from being disenfranchised. Before the court was a …
Article • July 15, 2011
Gifts Not “Income” for Pennsylvania Child Support Orders by The Commonwealth Court of Pennsylvania held that the Pennsylvania Department of Corrections (DOC) applied an erroneous definition of “income,” to withdraw funds from a prisoner’s trust account. On May 26, 2005, a trial court issued an order to withhold income for …
No Immunity for Abandonment of Disabled Prisoner by The Nevada Supreme Court, sitting En Banc, held that prison officials are liable for releasing disabled prisoners into conditions where they can’t be cared for. Nevada prisoner George Butler threw rocks at other prisoners in an October 1997 quarrel over a drug …
Sundry Claims Board Only Remedy For Maryland Prisoners Injured On Paid Jobs by Matthew Clarke by Matt Clarke A Maryland court of appeals has ruled that Maryland state prisoners injured on paid jobs may only seek compensation through the Sundry Claims Board (SCB). Melvin James Dixon, a former Maryland state …
Article • July 15, 2011
Texas Prisoner’s Property Destruction Damages Properly Pleaded by Matthew Clarke By Matt Clarke A Texas court of appeals has held that a state prisoner properly pleaded damages within the minimum jurisdictional limits of the district court. Jeffery D. Westbrook, a Texas state prisoner incarcerated at the Allred Unit, filed suit …
Illinois Department of Corrections Must Pay Attorney For Indigent Committed Under Sexually Dangerous Persons Act by Matthew Clarke By Matt Clarke An Illinois court of appeals has held that the Illinois Department of Corrections (DOC) must pay the court costs and attorney fees for an indigent person committed under the …
Eleventh Circuit Holds Failure to Prove Physical Injury Accompanies Emotional Injury is Affirmative Defense by David Reutter By David M. Reutter The Eleventh Circuit Court of Appeals has held that 42 U.S.C. 1997e’s prohibition against a prisoner bringing a federal civil action for emotional injury without a prior showing of …
Article • July 15, 2011
Filed under: Sentencing, Parole
California: Multi-Year Lifer Parole Denial Is Permissible Following One-Year Denial, Even In Absence of Significant Changes by Marvin Mentor The California Court of Appeal reversed the Marin County Superior Court’s ruling that had constrained the Board of Parole Hearings (Board), when conducting lifer parole consideration hearings, to give no more …
Article • July 15, 2011
Texas Court of Appeals: No Law Library Access Right for Prisoner Who Waives Appointed Counsel by Matthew Clarke Texas Court of Appeals: No Law Library Access Right for Prisoner Who Waives Appointed Counsel By Matt Clarke On April 30, 2008, a Texas court of appeals ruled that a prisoner who …
Article • July 15, 2011
Filed under: Sentencing, Parole
Texas Prisoner Entitled to Separate Mandatory Supervision Calculation by By Matt Clarke On July 2, 2008, the Texas Court of Criminal Appeals held that a Texas prisoner who was originally had a mandatory-supervision-eligible sentence, but received two more consecutive sentences while incarcerated, had the right to have his sentences calculated …
Indiana Supreme Court Strikes Down Prisoner Frivolous Litigator Law by By John E. Dannenberg The Indiana Supreme Court held that Indiana's 2004 "Three Strikes Law," which forever barred a prisoner from filing another lawsuit if he had earlier had three prior suits dismissed as frivolous, violated the Open Courts Clause …
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