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Maine Supreme Judicial Court Reinstates Challenge to Maine SORNA by Matthew Clarke By Matt Clarke The Maine Supreme Judicial Court has reversed the dismissal of a challenge to the Maine Sex Offender Registration and Notification Act (SORNA), 34-A M.R.S. §§ 11201-11256. John Doe is the pseudonym of a person convicted …
Article • July 15, 2011
Mandamus Issued Voiding Texas Court’s Seizure Of Trust Fund without Process by Matthew Clarke by Matt Clarke A Texas court of appeals has conditionally granted a prisoner’s petition for a writ of mandamus, voiding a district court’s order garnishing funds from the prisoner’s trust fund to pay court costs in …
Article • July 15, 2011
California Prisoner Entitled to Parole Gate Money Even if Release is to a Hold for Sexually Violent Predator Evaluation by John Dannenberg California Prisoner Entitled to Parole "Gate Money" Even if Release is to a Hold for Sexually Violent Predator Evaluation By John E. Dannenberg The California Court of Appeal …
Article • July 15, 2011
Seventh Circuit Says No Religious Diet Violated RLUIPA by Mark Wilson By Mark Wilson The Seventh Circuit Court of Appeals held that Illinois prison officials violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) when they denied a prisoner a non-meat diet. Illinois prisoner Gregory Koger changed his religious …
No FTCA Claim for Property Erroneously Mailed Home By BOP; Failure to Protect Claim Cognizable by Brandon Sample No FTCA Claim for Property Erroneously Mailed Home by BOP; Failure to Protect Claim Cognizable by Brandon Sample The United States is immune from suit under the Federal Tort Claims Act (FTCA) …
Article • July 15, 2011
11th Circuit: Nominal Damages Resulting From Unconstitutional Arrest Of 9-Year-Old On School Grounds Not Sufficiently Exceptional To Justify Award Of Attorney’s Fees by Michael Brodheim By Michael Brodheim The Eleventh Circuit has vacated the award of attorney’s fees where the prevailing party, a nine-year-old Alabama child who in 2003 was …
9th Circuit: Eleventh Amendment Bars Prisoner’s Claim for Damages under RLUIPA by The Ninth Circuit has held that a prisoner bringing suit under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. § 2000cc-1, may not obtain damages from state officials in their official capacities. California …
Article • July 15, 2011
Albuquerque’s Regulation Banning Sex Offenders from Public Libraries Held Unconstitutional by In a courageous ruling, the Hon. M. Christina Armijo, U.S. District Judge for the District of New Mexico, granted the motion for summary judgment of plaintiff John Doe, a registered sex offender in the State of New Mexico, with …
Article • July 15, 2011
California: Appellate Disentitlement Doctrine Not Applicable To Defendant Deported By ICE by Michael Brodheim By Michael Brodheim The California Court of Appeal has held that appellate disentitlement, a reviewing court’s inherent power to dismiss an appeal by a party who has refused to comply with a court’s orders, does not …
Article • July 15, 2011
Ninth Circuit: California’s Prop. 115 Not Unconstitutional by Michael Brodheim By Michael Brodheim The Ninth Circuit has held that California’s Proposition 115, known as the Crime Victims Justice Reform Act, does not violate a defendant’s Sixth Amendment right to confront the witnesses against him. Adopted by California voters in 1990, …
Article • July 15, 2011
California: On Remand, Governor Must Consider All Available Information Relating to Current Dangerousness by Michael Brodheim By Michael Brodheim The California Court of Appeal has held that when, on remand after the granting of a petition for writ of habeas corpus, the Governor reconsiders whether or not a life prisoner …
Article • July 15, 2011
California: Prisoner Entitled To Presentence Custody Credit for Time in Prison Past Parole Date Due Solely to Pending Charges by Michael Brodheim By Michael Brodheim The California Court of Appeal has held that a prisoner, detained in prison solely because new charges (arising from in-prison misconduct) were brought against him, …
Article • July 15, 2011
Indefinite Confinement of New Jersey Prisoner for 1990 Assault Overturned by The Appellate division of New Jersey’s Superior Court has held that the New Jersey Department of Corrections ( NJDOC), “does not have the legal authority to continue to keep” a prisoner who has been in confinement for twenty years …
Eleventh Circuit Reverses Dismissal of Suit Alleging Retaliatory Attack by Guard by Brandon Sample By Brandon Sample On April 26, 2010, the U.S. Court of Appeals for the Eleventh Circuit reversed the dismissal of a failure to protect suit filed by a federal prisoner who claimed that he was attacked …
Article • July 15, 2011
Massachusetts: Court Reduces Jail Officers’ Attorneys’ Fees by 40% by On June 18, 2010, the Hon. R.G. Stearns, Judge of the U.S. District Court for the District of Massachusetts, issued an order requiring Suffolk County officials to pay attorneys’ fees and costs to the attorneys for a group of 174 …
Article • July 15, 2011
California: Prisoner’s Parole May Not Be Revoked if Board Fails to Act During 30-Day Discharge Review Period by Michael Brodheim By Mike Brodheim The California Court of Appeal has held that, by failing to act during the 30-day discharge review period provided by statute, the Board of Parole Hearings (Board) …
Article • July 15, 2011
Ohio Negligent Shackling Claim Remanded by Brandon Sample By Brandon Sample On April 8, 2010, the Court of Appeals of Ohio remanded a prisoner’s negligence claim against the Ohio Department of Rehabilitation and Correction (ODRD). Jack Nott sued the ODRC after his left leg was amputated from the knee down. …
Article • July 15, 2011
Colorado TASER Suit Permitted To Proceed by Brandon Sample By Brandon Sample U.S. District Judge Philip A. Brimmer has denied a motion for summary judgment filed by TASER in a product liability suit surrounding the death of a Colorado man. On August 4, 2006, Ryan Wilson died after Boulder County …
Article • July 15, 2011
“Three Strikes” Provision Of PLRA Applies To Suits Filed While Incarcerated Even If Subsequently Released by Brandon Sample By Brandon Sample The Prison Litigation Reform Act (PLRA), which prohibits a prisoner from proceeding in forma pauperis (IFP) in a federal lawsuit if the prisoner has had three or more suits …
Article • July 15, 2011
No Right to Compensation for Work in Prison under the Constitution or International Law by Brandon Sample By Brandon Sample Federal prisoners do not have a right to be compensated for their work under the U.S. Constitution or under international law, the U.S. Court of Appeals for the Ninth Circuit …
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