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Sixth Circuit: Prisoner’s “Insolent Speech” at Disciplinary Hearing Not Protected Under First Amendment by The Sixth Circuit Court of Appeals granted summary judgment to prison guards and nurses on a Michigan prisoner's retaliation, excessive force and denial of medical care claims. On July 21, 2004, Michigan prisoner James A. Lockett …
Article • July 15, 2012
Supreme Court Considers Oklahoma Punitive Sterilization Issue by The U.S. Supreme Court reversed in June, 1942, an Oklahoma Supreme Court ruling upholding punitive sterilization of a state prisoner. Petitioner Skinner was convicted in 1926 of the crime of stealing chickens and sent to prison. In 1929 and 1934 he was …
Minnesota Man Settles Lawsuit for $229,500 and Policy Changes to Assist Deaf Arrestees by A deaf Minnesota man has agreed to accept $229,500 and policy changes to settle a lawsuit that alleged violations of the Americans with Disabilities Act (ADA), the Rehabilitation Act (RA) and the Minnesota Human Rights Act …
California U.S. District Court Holds that Prop. 9 Does Not Supersede Previously-Issued Injunction Regarding Parole Revocation Procedures by John Dannenberg by John E. Dannenberg Senior U.S. District Court Judge Lawrence K. Karlton has upheld a 2004 injunction that conflicts with the parole revocation provisions of California’s so-called Victims’ Bill of …
California Prisoners Seek End to Long-Term Segregation, Oppressive SHU Conditions by There are many forms of political and social protest. They can be purely for the sake of being disruptive or they can aim for resolution of a particular issue. Of course, even when they seek the latter they invariably …
Article • July 15, 2012
Oregon Court Reverses Civil Commitment without Prehearing Notice by The Oregon Court of Appeals, sitting En Banc, reversed an involuntary civil commitment order, finding that the trial court violated Oregon law by failing to provide prehearing notice. An Oregon woman, identified only by her initials, SJF, was involuntarily hospitalized on …
Wrongful Convictions Prove Costly, Especially for the Wrongly Convicted by Matthew Clarke by Matt Clarke On June 6, 2011, the Better Government Association (BGA) and the Center on Wrongful Convictions (CWC) at Northwestern University School of Law released a joint report on the cost of wrongful convictions. The report, which …
Article • June 15, 2012 • from PLN June, 2012
Failure to Advise Defendant of Ineligibility for Early Release Credits Renders Guilty Plea Invalid by A trial court’s failure to advise a defendant of his or her ineligibility for early release credits renders a guilty plea unknowing and involuntary, the Division Three Court of Appeals for the State of Washington …
Article • June 15, 2012
Minnesota: Removal Not Required where Judge's Spouse is Employed by Prosecutor's Office by In September 2011, the Minnesota Supreme Court held that cause for removal of a judge presiding over a case does not exist solely because the judge's spouse is employed by the office of the prosecutor. William Jacobs, …
Article • June 15, 2012 • from PLN June, 2012
$47,500 Awarded to Massachusetts Prisoner Held in Segregation Without Hearing by On January 27, 2012, a Massachusetts U.S. District Court awarded $47,500 to a prisoner for due process violations that resulted in 375 days of solitary confinement. Massachusetts state prisoner Albert Ford filed a civil rights action alleging that his …
Ninth Circuit Holds Phoenix New Times Executives May Sue Special Prosecutor over Improper Arrests; Prosecutor Disbarred by Matthew Clarke by Matt Clarke On June 9, 2011, the Ninth Circuit Court of Appeals held that executives with the Phoenix New Times, an alternative weekly publication, could sue a special prosecutor who …
Tennessee Discontinues Polygraph Tests as Sex Offender Supervision Tool by Legal concerns have led the Tennessee Board of Probation and Parole (BOPP) to order probation officers to discontinue the use of polygraphs, better known as lie detector tests, in their supervision of sex offenders. Polygraphs are to be used for …
California Settles Suit over Damage to Prisoner's Medical Prostheses by Larry Edwards, a California state prisoner filed a federal civil rights action after a guard at the California State Prison-Solano allegedly damaged his medical brace and glasses and then, along with other guards, threatened him with retaliatory disciplinary action and …
9th Circuit Rejects Prisoner Self-Defense Theory in Assault with Shank by Derek Gilna By Derek Gilna The U.S. Appeals Court for the 9th Circuit has declined to permit prisoner Lenny Urena from asserting "self-defense" in his trial for assault with a dangerous weapon against a fellow prisoner. The Court also …
Appeals Court Reverses Summary Judgment in Malicious Prosecution and Evidence Concealment Case against Boston Police Department by Derek Gilna By Derek Gilna In a well-reasoned opinion, the U.S. Court of Appeals for the First Circuit has permitted a Section 1983 action against the Boston Police Department (BPD) to continue. James …
Lying about Possessing a Weapon upon Arrest Booking Violates California Law; Does Not Implicate Fifth Amendment by The California Court of Appeals held that an arrestee who lies to jail booking officers about possessing a weapon violates a law prohibiting introduction of a weapon into a jail. The court also …
Article • May 15, 2012
Iowa Supreme Court Refuses Miranda Protection for Confession to Case Worker by Derek Gilna By Derek Gilna The Iowa Supreme Court has affirmed a lower-court decision denying defendant Jess John Pearson's Motion to Suppress, based upon the Miranda case for a voluntary confession given to his social worker, who interviewed …
Article • May 15, 2012
California Prisoner's Syringe Possession Conviction Upheld by The Fifth Appellate District of the California Court of Appeals affirmed a prisoner's conviction for possessing a syringe. On January 18, 2007, guards at the Shafter Community Correction Facility witnessed Vicente Perez and another prisoner acting suspiciously. They searched the prisoners and discovered …
Article • May 15, 2012
Maine: Final Order of Protection Vacated where Prisoner Not Afforded Opportunity to be Heard by In December 2011, the Maine Supreme Judicial Court vacated a district court judgment granting an order of protection from abuse where the alleged abuser had advised the court that, because he was incarcerated, he would …
Illinois: Prisoner Who Commits Disciplinary Infraction May Also Be Prosecuted In Court by In November 2011, the Illinois Court of Appeal held that a single unlawful act by a state prisoner may give rise to both disciplinary and criminal charges. In August 2000, Anthony Gay, a prisoner at Pontiac Correctional …
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