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Article • May 15, 2007
State Court Habeas for Spinal Treatment Bars Federal Suit by The plaintiff, wheelchair-bound as a result of a gunshot wound, alleged that prison officials had failed to address his chronic pain and had rejected the advice of a specialist to implant a spinal cord stimulation (SCS) device. Another doctor later …
Article • May 15, 2007
Fed. Parolee's Waiver of Right to Counsel at Revocation Hearing Must be Knowing and Voluntary under the Circumstances by Fed. Parolee's Waiver of Right to Counsel at Revocation Hearing Must be Knowing and Voluntary under the Circumstances Tony Hodges, a federal parolee, was summoned to a federal district court for …
Disciplinary Rule Description Rather than Title Controls by The West Virginia Supreme Court of Appeals has held that "it is the content of what is contained under a title that is critical in most instances, not the title" of a "disciplinary rule"(DR). That ruling comes in the appeal of a …
Article • May 15, 2007
Court Enjoins BOP Prisoner Transfers from Work Release by The three petitioners moved to vacate their sentences on the ground that they had been imposed on the understanding that the petitioners would serve their short sentences of imprisonment in community correction centers, but the Department of Justice had subsequently decided …
BOP Prisoners Habeas Hepatitis Suit Dismissed by The bottom line of this opinion, 59 pages in Westlaw, is that the court treats the plaintiff's medical care claim, filed as a habeas petition, as a civil rights action, denies appointment of counsel, holds the prisoner partially exhausted, and grants summary judgment …
Article • May 15, 2007
State Court Ruling on Good Time Calculating Creates Liberty Interest by The defendants failed to credit the plaintiff properly for good time, even though they had obtained a decision in prior litigation with him stating the correct way of calculating it. As a result he spent six extra months in …
Article • May 15, 2007
BOP Ordered to Consider Work Release Placement by The Federal Bureau of Prisons' abrupt imposition of a new statutory interpretation holding that placement in a community corrections center was not "imprisonment" and could not be done for more than the last 10 per cent of a prisoner's sentence did not …
Article • May 15, 2007
Change in BOP Work Release Policy Upheld in New York by The plaintiff challenged the Department of Justice's abruptly announced change of policy holding that prisoners cannot be placed in a community confinement center for more than 10% of their sentences. The Bureau of Prisons' interpretation of the statute is …
Article • May 15, 2007
Release of DNA Evidence Must Be Brought As Habeas by The plaintiff sued to obtain the release of biological evidence for DNA testing, alleging it would be exculpatory as to his criminal conviction. His suit was, in effect, a challenge to the validity of his criminal conviction that must be …
Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury by Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury The plaintiff was involuntarily detained and hospitalized. He prevailed both on his Fourth Amendment claims for unlawful seizure and his state law claims for false …
Article • May 15, 2007
Parole Rule Ex Post Facto That Changes Revocation Standard by Application of a parole regulation that postdated the petitioner's offense and created a "significant risk of a more onerous sentence" violates the Ex Post Facto Clause. It need not be certain that the particular petitioner would serve more time. Here, …
Restivo v. Nassau County, NY, Amended Complaint, Wrongful Conviction, 2007 Case 2:06-cv-06720-JS-WDW Document 33 Filed 04/23/2007 Page 1 of 48 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK JOHN RESTIVO, DENNIS HALSTEAD, MELISSA LULLO, JASON HALSTEAD, TAYLOR HALSTEAD, and HEATHER HALSTEAD, Plaintiffs, v. 06-CV-6720 (JS) (WDW) NASSAU …
California Sexual Predators’ Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John Dannenberg California Sexual Predators' Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John E. Dannenberg A class of 600 civilly committed sexually violent predators (SVP) sued the California Department of Mental Health (DMH) under 42 U.S.C. …
Article • April 15, 2007 • from PLN April, 2007
California State Prisoner Wins $21,800 for 250 Days Excess Incarceration by On July 5, 2006, a jury awarded $21,800 to a California state prisoner after the California Department of Corrections and Rehabilitation (CDCR) miscalculated his good time/work time credits on his twelve year sentence. Jorge Gallegos, a Mexican national, was …
Expungement, Not Rehearing, Mandated in Colorado Disciplinary Reversals by Bob Williams In an unpublished opinion, the Colorado Court of Appeals has held that expungement of a prisoner?s disciplinary record, not a rehearing, is an appropriate remedy when reversed on administrative or judicial review. Colorado prisoner Lewis Simpson was convicted of …
Article • April 15, 2007 • from PLN April, 2007
Filed under: Reviews, Sentencing, Parole
Does Parole Work? Apparently Not. by More than 774,000 men and women were on some form of community supervision in 2003, up 74.5 percent from 197,000 in 1980. According to a March 2005 study of the Urban Institute, however, ?parole supervision has little effect on re-arrest rates of released prisoners?. …
Article • April 15, 2007 • from PLN April, 2007
Early Release Debacle Prompts Nevada Prison Director’s Resignation by Matthew Clarke Early Release Debacle Prompts Nevada Prison Director's Resignation by Matthew T. Clarke Jackie Crawford, director of the Nevada state prison system since May 2000, announced her resignation from the $116,000-a-year position on September 15, 2005. The announcement cited health …
Maryland Man Awarded $6.4 Million For False Imprisonment, Police Misconduct by Michael Rigby On August 30, 2006, a jury in Prince George?s County, Maryland, awarded $6.4 million to a man who was wrongfully imprisoned for the brutal rape and murder of his wife. During trial the jury heard compelling evidence …
Article • March 15, 2007 • from PLN March, 2007
Ninth Circuit: California Lifers Have A Liberty Interest In Parole by Marvin Mentor The Ninth Circuit U.S. Court of Appeals crushed a determined attempt by the California Board of Prison Terms (BPT-- now called the Board of Parole Hearings) to transmogrify the California Supreme Court?s decision in In re Dannenberg, …
Article • March 15, 2007 • from PLN March, 2007
North Carolina Enacts Innocence Inquiry Commission by John Dannenberg by John E. Dannenberg On August 3, 2006, North Carolina Governor Mike Easley signed into law H-1323, a bill creating an eight-member Innocence Commission wherein prisoners who have exhausted their court appeals but still claim they were wrongly convicted may reopen …
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