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THE ANATOMY OF A POST-TASERING DEATH by Lynn Wilson By Lynne Wilson The Government of British Columbia’s independent inquiry into the circumstances surrounding Robert Dziekansi’s death on October 14, 2007 is the most comprehensive and illuminating investigation conducted to date into the dangerousness of Tasers or “conducted energy devices or …
Article • May 15, 2011
Florida Supreme Court Clarifies Harmless Error Test by Florida’s Supreme Court has held that when applying the harmless error analysis, it is not an “overwhelming evidence test.” The focus of the test is “the effect of the error on the trier of fact. The question is whether there is a …
Article • May 15, 2011
Sacramento County Agrees to Pay $9,500 to Settle False Arrest/Imprisonment Suit by In 2005, the County of Sacramento agreed to pay $9,500 to settle a false arrest/imprisonment suit. Daniel Genzoli was arrested after his fingerprints allegedly matched up with prints taken from a business that was burglarized. It turned out …
Article • May 15, 2011
Second Circuit Rejects Bivens Claim against Judges for Attorney Compensation by On August 28, 2009, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit by a public defender who alleged that he was undercompensated in violation of his right to due process. David Bliven …
Article • May 15, 2011
Secret Suit over Unlawful Eavesdropping Ends in Big Settlement by The Department of Justice has agreed to settle a 15 year court battle with a former DEA agent who claimed that a former CIA officer and State Department official unlawfully eavesdropped on him while working in Burma. The settlement requires …
Article • May 15, 2011
Seventh Circuit Upholds Rejection of Excessive Force Claim by On August 28, 2009, the U.S. Court of Appeals for the Seventh Circuit affirmed a jury’s verdict rejecting a prisoner’s claim of excessive force. Oscar Cruz, a prisoner at Pendleton Correctional Facility, alleged that John Safford, a guard at Pendleton, had …
Article • May 15, 2011
Summary Judgment in Handcuffing Case Reversed by On October 19, 2009, the U.S. Court of Appeals for the Tenth Circuit vacated a grant of summary judgment for police in an excessive force case. Robert Fisher accidentally shot himself in the stomach in a failed suicide attempt. Officers from the Las …
Article • May 15, 2011
Tenth Circuit Affirms Dismissal of §1983 Suit; No State Action Alleged by Tenth Circuit Affirms Dismissal of §1983 Suit; No State Action Alleged On October 19, 2009, the U.S. Court of Appeals for the Tenth Circuit affirmed the dismissal of a 42 U.S.C. §1983 action brought by a man who …
Article • May 15, 2011
Tenth Circuit Upholds Use of Stunbelt on Defendant by On September 22, 2009, the U.S. Court of Appeals for the Tenth Circuit affirmed the conviction and sentence of a man accused of retaliating against a federal witness. In upholding the conviction and sentence, the court rejected a challenge to the …
Juvenile Justice Expert Condemns Rhode Island’s Jailing of Students for Minor Offenses by Derek Gilna Attorney John J. Wilson, a Department of Justice lawyer for almost 31 years, and the author of federal regulations for the Juvenile Justice and Delinquency Prevention Act of 1974, has condemned the practices of Rhode …
Article • May 15, 2011 • from PLN May, 2011
Mississippi Governor Grants Early Release to Scott Sisters by Derek Gilna In a recent resolution to a celebrated Mississippi civil rights case, in which sisters Gladys and Jamie Scott each served 16 years of a life sentence for their part in a 1993 armed robbery that netted as little as …
Article • May 15, 2011 • from PLN May, 2011
Staff Smuggle Drugs and Porn to Washington Civil Commitment Prisoners by Mark Wilson A Washington Special Commitment Center (SCC) nurse who fell in love with a civilly committed violent sex offender pleaded guilty to smuggling him drugs and homemade pornographic videos; the offender and two other people were charged with …
CCA Prisoner Awarded $3,250 in Excessive Force Lawsuit by A Louisiana U.S. District Court awarded $3,250 to a prisoner in a civil rights action that involved excessive use of force by a guard. The lawsuit was filed by Winn Correctional Center prisoner Derrick Levon Carter due to events that occurred …
Article • May 15, 2011 • from PLN May, 2011
Trivialized Use of Presidential Pardon Power Continues Under Obama by Brandon Sample After almost two years in office, President Obama finally granted his first pardons on December 3, 2010 – all nine of them – barely avoiding George W. Bush’s record for the longest delay by a president in granting …
Contributions to California Politicians Rewarded with Lucrative Private Prison Contracts by In politics, sometimes a little monetary grease goes a long way. No doubt, that’s why Corrections Corporation of America (CCA), the nation’s largest private prison operator, based in Nashville, Tennessee, has contributed hundreds of thousands of dollars to lawmakers …
Article • May 15, 2011 • from PLN May, 2011
Homeless Probationer’s Violation for Failure to Comply with GPS Monitoring Reversed by On December 21, 2010, the Massachusetts Supreme Judicial Court set aside a probation violation finding where the probationer was unable to accommodate the technological requirements of GPS monitoring equipment while living in a homeless shelter. The Court found …
Mexican Prison Officials Arm and Release Prisoners for Hit Squad Duties by Matthew Clarke by Matt Clarke A Mexican prison director, Margarita Rojas Rodriguez, and three other prison employees were detained in August 2010 while their role in arming and releasing prisoners to kill rival gang members was investigated. [See: …
Article • May 15, 2011 • from PLN May, 2011
Virginia ACLU Requests DOJ Investigation into Jail Deaths by Mark Wilson The American Civil Liberties Union (ACLU) of Virginia has asked the U.S. Department of Justice (DOJ) to investigate conditions at the Richmond City Jail following the June 2010 deaths of two prisoners, one of which was heat-related while the …
Article • May 15, 2011 • from PLN May, 2011
Texas Prison Guard One of "America’s Dumbest Criminals” by Texas Prison Guard One of "America’s Dumbest Criminals” In September 2010, a Texas Department of Criminal Justice (TDCJ) prison guard was arrested for stealing beer and cigarettes from a convenience store. His prosecution will be aided by cell phone photos and …
Article • May 15, 2011 • from PLN May, 2011
Inefficiencies in Prison Pharmacy Operations Cost California Taxpayers at Least $13 Million Annually by Michael Brodheim by Mike Brodheim Responding to concerns brought to its attention by pharmacy staff regarding the amount of medication wasted in California’s prisons, in April 2010 the Office of the Inspector General (OIG) released a …
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