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Gooch v. Buford et al, TN, Complaint, CCA inadequate medical care indifference, 2011 CCA-AF (6/2/14 PRA) 0343 CCA-AF (6/2/14 PRA) 0344 CCA-AF (6/2/14 PRA) 0345 CCA-AF (6/2/14 PRA) 0346 CCA-AF (6/2/14 PRA) 0347 CCA-AF (6/2/14 PRA) 0348 CCA-AF (6/2/14 PRA) 0349
Article • April 15, 2011
Filed under: Sentencing, Parole
Ninth Circuit: California Governor’s Reversal Of Lifer’s Parole Violates Due Process Absent Some Evidence Of Current Dangerousness by John Dannenberg by John E. Dannenberg In a major victory for California lifers, the Ninth Circuit U.S. Court of Appeals held that a second-degree murderer who had done 27 years on a …
Texas: $5 Million Settlement in TransCor Sex Abuse Case by In October 1999, prisoner Cheryl Schoenfeld was sexually assaulted by two TransCor employees while being transported through Texas. TransCor, a subsidiary of private prison firm Corrections Corp. of America (CCA), transports prisoners nationwide. TransCor guards Michael Jerome Edwards and David …
Article • April 15, 2011
NYPD Cops Can Be Subjected to Drug Testing Without Collective Bargaining by The Police Commissioner of New York City may require NYPD officers to submit to drug testing of their hair without undergoing collective bargaining, New York’s highest court decided December 17, 2009. The officers’ union had argued that the …
Open Government Act’s Catalystic Theory for Attorneys’ Fees Doesn’t Apply Retroactively by The provisions of the Open Government Act of 2007 that restore the catalyst theory for attorneys’ fees do not apply retroactively, the D.C. Circuit decided June 26, 2009. Anthony Summers settled a Freedom of Information Act (FOIA) suit …
Attorney Fee Award Not Conditioned on Attempts at Pre-litigation Resolution by by Michael Brodheim In a case resulting in the enforcement of provisions that California prisoners, under certain circumstances, be paid for work at no less than minimum wage, the California Supreme Court held that pre-litigation resolution attempts are not …
Article • April 15, 2011
Annual Arizona Segregation Reviews Inadequate, Case Remanded by On November 19, 2009, the U.S. Court of Appeals for the Ninth Circuit reversed and remanded a suit by a prisoner challenging the frequency of segregation reviews he was receiving. Edward Hernandez sued the Arizona Department of Corrections (ADC), claiming that its …
Protecting Society or Fooling Ourselves? Research-Based Insights on Sex Offender Policy in the United States by Dr. DJ Williams Dr. DJ Williams and Robbie Jenks, Idaho State University USA “There is always a well-known solution to every human problem—neat, plausible, and wrong.” – H. L. Mencken Since the early 1990s, …
Article • April 15, 2011
Second Circuit Reverses Summary Judgment for Connecticut Prisoner Allegedly Misclassified as a Sex Offender by The U.S. Court of Appeals for the Second Circuit has reversed a grant of summary judgment for a Connecticut prisoner who had alleged that he was misclassified as a sex offender. Joe Vega sued Connecticut …
Hurricane Rita FTCA Action Dismissed by On September 22, 2009, a federal court in Texas dismissed a Federal Tort Claims Act (FTCA) action brought by one attorney on behalf of more than 400 prisoners who were injured during Hurricane Rita. The plaintiffs were all incarcerated at the U.S. Penitentiary in …
Article • April 15, 2011
No Summary Judgment on Mail Delay Claim by A federal court in California has denied prison officials summary judgment on injunctive relief claims as to delayed delivery of prisoner mail. However, the court denied damages as to that claim and granted prison officials summary judgment on several other claims. California …
Death Sentence Affirmed for Florida Prisoner Convicted in Guard’s Death During Botched Escape by David Reutter By David M. Reutter The Florida Supreme Court has affirmed the death sentence of a prisoner convicted in the murder of a guard during a botched prison escape. Stephen Smith and his codefendants, Dwight …
Article • April 15, 2011
All Florida Prison Claims Challenging Gaintime Awards Preclude Lien for Filing Fee by David Reutter By David M. Reutter The Florida Supreme Court has held that imposition of a lien on a prisoner’s trust account to recover applicable filing fees is precluded in all gaintime actions, regardless of their nature, …
Article • April 15, 2011
Filed under: Sentencing, Parole
California Parole Board Ordered to Set Lifer's Term by John Dannenberg By John E. Dannenberg The California Court of Appeal ordered the California Board of Parole Hearings (BPH) to conduct a new parole hearing for a second-degree murderer within 30 days, wherein they were required to set his parole date. …
Seventh Circuit Remands Illinois “Crutch Policy” Case; District Court to Evaluate Class Certification for Damages by Mark Wilson The Seventh Circuit Court of Appeals affirmed a lower court’s denial of class certification for injunctive relief, but remanded for further consideration of class certification for damages in an Illinois jail medical …
Crime Victims May Not Appeal Criminal Sentences, Tenth Circuit Decides by Brandon Sample By Brandon Sample Crime victims may not appeal a defendant's sentence or the denial of rights under the Crime Victims' Rights Act of 2004 (CVRA), the U.S. Court of Appeals for the Tenth Circuit decided December 2, …
Article • April 15, 2011
Georgia Life Sentence for Failure to Register is Unconstitutional by by Mark Wilson With one Justice “strongly dissenting,” the Georgia Supreme Court held that a mandatory life sentence for failing to register as a sex offender violates the proportionality clause for the United States Constitution. In 1996, Georgia first enacted …
Article • April 15, 2011
California Prisoner, As Pro Per Plaintiff In Civil Complaint, Has Right To Reasonable Law Library Access by John Dannenberg By John E. Dannenberg The California Court of Appeal (1st District) held that an indigent pro per prisoner plaintiff who is prosecuting a bona fide civil complaint is entitled to meaningful …
Article • April 15, 2011
Sixth Circuit: No Sanction for Third-Party Spoilation in Michigan by Matthew Clarke By Matt Clarke On March 21, 2008, a panel of the Sixth Circuit court of appeals held that a defendant could not be sanctioned for third-party spoilation of evidence in a Michigan case involving excessive use of force …
Article • April 15, 2011
Ohio Parole Challenge Not Barred by Res Judicata by by Mark Wilson The Ohio Court of Appeals reversed a lower court’s dismissal of a prisoner’s parole challenge, holding that res judicata did not bar the action. In 1977, Michael Swihart was convicted of aggravated murder, murder and arson related to …
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