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Texas Supreme Court: Sex Offender Civil Commitment Statute Is Constitutional by By Matthew T. Clarke On May 20, 2005, the Supreme Court of Texas (SCT) held that the Texas Civil Commitment of Sexually Violent Predators Act (the Act), Chapter 841, Texas Health and Safety Code, is not punitive and therefore …
Article • May 15, 2007
Fed Prisoner's Standard Range Sentence for Escape Affirmed by In April, 2004, Lonnie Davis, a federal prisoner, was sent to a work release center after serving eleven years of a twelve-and-a-half year sentence for bank robbery. In May he escaped. He was later arrested and charged with escape. Davis was …
Fed Prisoner's Five Years in Segregation During Murder Investigation Not Unconstitutional by Fed Prisoner's Five Years in Segregation During Murder Investigation Not Unconstitutional Mark Jordan, a federal prisoner, was housed in a segregation unit for five years while his involvement in a prison murder was investigated. Prison officials testified that …
$275,000 Awarded to Washington Prisoner For Negligent Medical Care After Falling In Jail by $275,000 Awarded to Washington Prisoner For Negligent Medical Care After Falling In Jail Plaintiff and Washington State prisoner Michael Shea fell in jail injuring his spine and causing permanent damage. He brought action against the City …
Article • May 15, 2007
Filed under: Media, Censorship
Published Opinions Are Protected Rhetorical Hyperbole And Thus Non-Actionable by Workers World Party, Inc. (the Party), subsidiary WW Publishers, Inc., and reporter Brenda Ryan motioned the court to dismiss actions brought by The Renco Group, Inc. (Renco), for newspaper and internet publishing alleging that Renco "robbed" workers' pension funds, The …
$40,000 Assessed Against WA DOC For Failure To Release Contract Medical Provider's Records by $40,000 Assessed Against WA DOC For Failure To Release Contract Medical Provider's Records Columbia Legal Services (CLS) brought action against the Washington State Department of Corrections (DOC) in 2003 for not providing public record documents requested …
Article • May 15, 2007
$100,000 Awarded Hospital Guard Injured In Escape by While seeking medical treatment for a prisoner at the University of Massachusetts Medical Center, an officer from the City of Worcester Police Department became distracted by something outside the window. The prisoner, incorrectly secured by the wrists with leg shackles, slipped free …
New Trial Ordered Over Guard's Negligence In Texas Jail Prisoner's Suicide by Ricardo Alvarado's parents challenged a Texas State court's jury verdict clearing guards of negligence regarding his jail suicide. They claimed that the trial court erred in presenting evidence and in the submission of the charges. The court's ruling …
Article • May 15, 2007
Correctional Institution's Security Concerns Can Override Rights To Free Speech, Political Expression by Correctional Institution's Security Concerns Can Override Rights To Free Speech, Political Expression Indiana State prisoner Eric Smith appealed the 2005 dismissal of his complaint for constitutional violation of right to free speech by Department of Corrections (DOC) …
Article • May 15, 2007
New York "Son of Sam Law" Applies To Prisoner's Military Retirement Pay by New York "Son of Sam Law" Applies To Prisoner's Military Retirement Pay On May 8, 2006, the Supreme Court of Albany County, New York, has held that State prisoner George Wendell's military retirement pay is not exempt …
Article • May 15, 2007
Guard Firing for Advising Coworker to Get Counsel Upheld by The plaintiff correction officer was fired after he accompanied another officer to a meeting with Internal Affairs and advised him to get an attorney before talking to them. He was charged with tampering with a witness and also with failure …
Article • May 15, 2007
Individual Defense Win Precludes Municipal Liability by A defendant's verdict as to individuals in a bifurcated trial forecloses any further action against the municipality under Los Angeles v. Heller (no discussion of possible exceptions to this rule). At 7: "There is, however, nothing to prevent a plaintiff from foregoing the …
Informant Statement Enough for Disciplinary Conviction by The plaintiff lost 13 days' good time in a disciplinary hearing. The identity of a confidential informant and the specifics of the informant's statement need not have been disclosed. Non-disclosure is acceptable when there is a valid reason for keeping the information confidential …
Article • May 15, 2007
Jail Rape Claim Fails for Lack of Notice to Jailers by The plaintiff was raped by other prisoners. He had previously told officers that he was "having problems in the block," and his mother said she told an unidentified jail employee shortly before the assault that her son had been …
Tight Handcuffs, Exposure to Heat in Police Car Actionable by At 944-45: The right to be free from "excessively forceful handcuffing" is a clearly established right for qualified immunity purposes, . . . and applying handcuffs so tightly that the detainee's hands become numb and turn blue certainly raises concerns …
Article • May 15, 2007
Plaintiff's Failure to Protect Claim Dismissed by The plaintiff was assaulted by another prisoner. The fact that the assailant had a violent record did not mean that releasing him to general population was deliberate indifference; he was a life prisoner, meaning prison officials had reason to believe he had an …
Article • May 15, 2007
Contractor Suit against Union Chills Speech by A non-union contractor brought suit against several unions for actions they took against it; the suit was later dismissed. The N.L.R.B. charged and found that the suit was an unfair labor practice. The right to petition under the First Amendment includes the right …
Prior Evidence of Brutality Admissible in Police Trial by The defendant police officers were prosecuted for brutalizing a civilian. The court properly admitted a prior incident in which one of the officers, while off duty, had abused another person who had confronted him. The evidence was admissible because it went …
Preliminary Injunction Issued, Class Certified in NY Jail Strip Searches by This opinion follows the hearing planned in the previous opinion. The evidence showed that the defendants had nominally changed their policy from one of strip searching everyone brought to the jail to strip searching only those who met one …
Article • May 15, 2007
Cost, Political/Public Criticism Not Legitimate Concern in Denying Transsexual Medical Needs by Cost, Political/Public Criticism Not Legitimate Concern in Denying Transsexual Medical Needs This case takes on the more bizarre aspects of the Farmer v. Brennan deliberate indifference standard in a more direct way than anything I have previously seen. …
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