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Article • May 15, 2007
$5,000 Paid in Wrongful WA Probation Warrant and Arrest by Rosalie Hanstad was pulled over by a Washington State trooper for speeding and was subsequently arrested on a probation warrant. She filed suit under 42 U.S.C. § 1983 in state court and a tort complaint for intentional and emotional distress …
Article • May 15, 2007
$3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC by $3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC Douglas Krohne, a prisoner at Walla Walla, Washington, filed a 42 U.S.C. § 1983 action in the Western District of Washington …
Article • May 15, 2007
$27,000 For Washington Prisoner's 2 1/2 Years Of Unlawful Imprisonment by Raymond Stokes' early release date was calculated as July 28, 1998. However, due to his status as a disabled person, DOC officials at the Clallam Bay Corrections Center, in Clallam Bay, Washington, refused to credit Mr. Stokes with the …
Article • May 15, 2007
$35,000 For 14 Months Of Unlawful Imprisonment by In February 1993, Jaramie Womack committed a burglary in Wyoming. In July of that same year, Mr. Womack committed a robbery in Washington. He was sentenced to 3 to 6 years for the Wyoming offense and was extradited to Washington, where he …
Article • May 15, 2007
$2,000 For Erroneous Washington Parole Drug Test Result by On May 1, 1995, John Lizee was arrested for a community supervision violation by his community corrections officer and confined at the Airway Heights Corrections Center, in Spokane, Washington, until May 4, 1995. Mr. Lizee's arrest and confinement was based on …
Article • May 15, 2007
$50,000 For 8 Months Of Unlawful Imprisonment by Washington DOC by On August 5, 1981, Joel Perry was sentenced to concurrent terms of 5 and 10 years in prison for various felonies. These terms of confinement were suspended, and Mr. Perry was placed on probation. Mr. Perry's suspended sentence was …
Article • May 15, 2007
$1,500 For Illegally Extending Term of Community Supervision by On May 8, 1992, Raymond Mullins was sentenced to one year of community placement for a felony conviction and to one year of probation for a misdemeanor conviction. These sentences were imposed concurrently. On July 30, 1992, Mr. Mullins' probation was …
Article • May 15, 2007
$7,000 For 20 Days Of Unlawful Imprisonment by Robert Bergen was serving a ten-year prison sentence for assault and indecent liberties. His good time release date was scheduled as February 18, 1981. Five months prior to this date, Mr. Bergen received a prison disciplinary infraction. He was found not guilty …
Article • May 15, 2007
Filed under: Sentencing, Good Time
Washington's Early Release Credit System Unconstitutional Because It Discriminates Against Poor People by David C Fathi Washington's Early Release Credit System Unconstitutional Because It Discriminates Against Poor People By Meredith Martin Rountree & David C. Fathi The Ninth Circuit in MacFarlane v. Walter, 179 F.3d 1131 (9th Cir. 1999), recently …
Article • May 15, 2007
Illinois Man Awarded $750,000 for 15 Days Wrongful Imprisonment by On November 25, 2003, a federal jury in Chicago, Illinois, awarded $750,000 to a man who was wrongfully imprisoned for 15 days in the Cook County Jail. Emillano Hernandez was pulled over on June 19, 1999, for allegedly failing to …
Article • May 15, 2007
No Forfeiture of Good Time for Frivolous Habeas in Texas by Matthew Clarke by Matthew T. Clarke The Texas Court of Criminal Appeals (CCA) has held that the statute providing for forfeiture of good time belonging to a prisoner who filed a frivolous lawsuit does not apply to state habeas …
Article • May 15, 2007
Failure to Notify Warrants New Parole Hearing for Washington Prisoner by On December 27, 2004, a Washington appeals court granted a prisoner's personal restraint petition in which he alleged that the Sentencing Review Board (SRB) failed to provide him with proper notification of his parole revocation hearing. Rudolph Renfro was …
Article • May 15, 2007
BOP Early Release Withdrawal Arbitrary And Capricious; Release Ordered by By Bob Williams The United States District Court for the Northern District of California has ordered early release for a Bureau of Prisons (BOP) prisoner who successfully completed a 500-hour drug addiction program. The Court found the withdrawal of a …
Article • May 15, 2007
Filed under: Sentencing
WA Jail Time for Consecutive Sentences Cannot Apply to Both Sentences by Tony Costello is a Washington state prisoner. He was in the King County Jail between February 2000 and April, 2002 on two separate felony cause numbers. He was convicted in both and given consecutive prison sentences. The jail …
Article • May 15, 2007
Federal Parole Condition Denying Parolee Contact with His Minor Daughter Upheld by In January of 2004, Gregory Smith completed a 10-year sentence for drug and firearm violations. His parole officer ordered him to stay away from his minor daughter. Even so, he went to several schools looking for her and …
Article • May 15, 2007
Illinois Prisoners Win Ex Post Facto Good Time Claim by The Illinois Court Of Appeals for the Second Circuit held that the circuit court should not have dismissed a prisoner's law suit against the Department of Corrections for denial of good time credits. Prisoners of an Illinois state prison filed …
Article • May 15, 2007
Filed under: Sentencing, Good Time
No Presentence Entitlement to NJ Prison Commutation Credit by Robert Buncie and three other New Jersey state prisoners filed a state court action claiming equal protection and due process violations for not receiving prison commutation credit prior to sentencing. The trial court held that prisoners are not entitled to such …
Article • May 15, 2007
Filed under: Classification, Parole
MO Prisoner's 1983 Action to Correct Parole Record Dismissed as Frivolous by John Quincy Adams, a Missouri state prisoner, was denied parole based on records stating that he was an alcoholic. He filed suit in a federal district court under 42 U.S.C. § 1983, seeking correction to his parole record …
Article • May 15, 2007
Eighth Circuit Refuses to Stay Mandate in Doe v. Miller Pending Certiorari by Two years ago, a federal district court ruled that Iowa's draconian restrictions on where registered sex offenders could live were unconstitutional. Doe v. Miller, 298 F.Supp.2d 844 (S.D. Iowa 2004). [PLN, Dec. 2004, p. 28]. The Eighth …
Expulsion from Sex Offender Treatment Program Implicates Liberty Interest by Bob Williams By Bob Williams Finding confinement and treatment inextricably linked, the United States District Court for the District of Colorado has ruled that a Colorado prisoner may have a liberty interest in participating in a Sex Offender Treatment Program …
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