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Article • August 15, 2011
California’s Child Abuse Database (CACI) Violated Due Process by Mark Wilson By Mark Wilson The Ninth Circuit Court of Appeals held that California’s “Child Abuse Central Index” (CACI) database violates due process because identified individuals are not given a fair opportunity to challenge the allegations against them. Under California Penal …
Article • July 15, 2011
Gifts Not “Income” for Pennsylvania Child Support Orders by The Commonwealth Court of Pennsylvania held that the Pennsylvania Department of Corrections (DOC) applied an erroneous definition of “income,” to withdraw funds from a prisoner’s trust account. On May 26, 2005, a trial court issued an order to withhold income for …
Article • July 15, 2011 • from PLN July, 2011
Georgia: Child Support Contempt Findings Create Debtor’s Prisons by David Reutter by David M. Reutter The Great Recession has put millions of Americans out of work, which has caused more people than usual to become delinquent on their child support obligations and other debts. Many courts, especially those in Georgia …
Article • July 15, 2011 • from PLN July, 2011
Filed under: Visiting, Fathers in Prison
Ninth Circuit: Prison Visitation Privileges May be Temporarily Restricted for Legitimate Penological Reasons by Holding that the temporary suspension of a prisoner’s visiting privileges with his minor children due to an alleged rule infraction did not violate any clearly established constitutional right of which a reasonable prison official would have …
Brief • June 16, 2011
Zaborowski v. Cook County, IL, Plt. Motion for Summary Judgment, Shackles During Child Birth2011 Case: 1:08-cv-06946 Document #: 229 Filed: 06/16/11 Page 1 of 20 PageID #:4596 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Catherine Zaborowski and Simone Jackson, individually and on behalf …
Brief • May 22, 2011
Miller et al v. Deal et al, GA, Class Action Complaint, indigent parents child support debtors prison, 2011
Article • May 15, 2011
Referendum Petition Not Protected by First Amendment by On May 18, 2009, Senate Bill 5688 was signed by Washington's Governor, expanding the rights and responsibilities of state-registered domestic partners. On May 25, 2009, a referendum petition opposing the bill was submitted by Protect Marriage Washington (PMW) to the Secretary of …
Article • May 15, 2011 • from PLN May, 2011
Filed under: Family, Family Law
Practice of Jailing Parents Who Owe Child Support Raises Questions, Concerns by Matthew Clarke by Matt Clarke Statistics from fiscal year 2009-2010 indicate that parents living in the San Antonio, Texas area who fail to pay child support run a greater risk – five times greater – of being jailed …
Hernandez- Rojas v. USA, CA, Order App of Guardian ad Litem, detainee death Homeland Security, 2011 Case 3:11-cv-00522-L -NLS Document 7 Filed 03/24/11 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 ) ) ) ) ) …
Brief • March 22, 2011
Hernandez- Rojas v. USA, CA, Petition App of Guardian ad Litem, detainee death Homeland Security, 2011 Case 3:11-cv-00522-L -NLS Document 4 Filed 03/22/11 Page 1 of 3 Case 3:11-cv-00522-L -NLS Document 4 Filed 03/22/11 Page 2 of 3 Case 3:11-cv-00522-L -NLS Document 4 Filed 03/22/11 Page 3 of 3
California: State May Be Liable for Delaying Medical Care to Prisoner’s Infant Child by The California Court of Appeal has held that the State may be vicariously liable for the acts or omissions of its employees in failing to provide needed medical care for an infant living with its mother …
Article • December 15, 2010 • from PLN December, 2010
AMA Passes Resolution Prohibiting Shackling of Pregnant Prisoners in Labor by On June 15, 2010, the American Medical Association (AMA) adopted a resolution prohibiting the use of restraints on a female prisoner “in labor, delivering her baby or recuperating from the delivery,” absent compelling grounds to believe that she poses …
Article • December 15, 2010 • from PLN December, 2010
Washington State Federal Court: Unconstitutional to Shackle Prisoner in Labor by Matthew Clarke by Matt Clarke On May 3, 2010, a U.S. District Court in Washington State held it was unconstitutional to shackle a prisoner in labor. Cassandra Brawley, 30, was a Washington state prisoner. In 2006 she was arrested …
Article • September 15, 2010 • from PLN September, 2010
Boulder Weekly Investigation Ends the Practice of Shackling Colorado Prisoners in Labor by Pamela White Ryan Owens caught her first case at age 27 after becoming addicted to methamphetamine. She was sent into treatment, but relapsed almost immediately after graduating. When she got into trouble again, she went on the …
Article • September 15, 2010 • from PLN September, 2010
Prison Nursery Programs Promote Bonding, Reduce Recidivism by Gary Hunter Several studies, highlighted by the Women’s Prison Association (WPA) in a recent report, have shown that allowing infants born in prison to remain with their incarcerated mothers enhances bonding and leads to decreased recidivism. Prior to the 1950s, nurseries for …
City of Salem Settles §1983 Suit for $105,000 by City of Salem Settles §1983 Suit for $105,000 The City of Salem, Oregon has agreed to settle a civil rights suit that raised a variety of different claims surrounding the arrest and detention of a family and their children. On February …
Article • April 15, 2010 • from PLN April, 2010
Kinship Care More Beneficial Than State Foster Care for Children of Incarcerated Parents by Jimmy Franks Published in May 2009, Kinship care when parents are incarcerated: What we know, what we can do, is an in-depth examination of current statistical and practical information regarding the plight of children with one …
Article • January 15, 2010
Washington Prisoners Have The Right To Seek Divorce by A prisoner’s due process right of access the courts includes the right to bring actions for dissolution of marriage and related matters, the Supreme Court of Washington decided March 26, 1987. The court’s decision comes in response to an appeal by …
Article • December 15, 2009
Living with Cellmate is “Cohabitation” in Florida and Voids Alimony by Florida’s Fourth District Court of Appeals has held that a woman who was sentenced to serve nine years in prison was cohabitating with “another person” and it voided her alimony under her marital settlement agreement. That agreement provided that …
Texas’ Parole Condition X Violates Due Process by Gary Hunter Texas’ parole Condition X has come under scrutiny in a federal court case. On December 12, 2008, a U.S. magistrate judge issued a 30-page order granting partial summary judgment in favor of parolee David Brian Jennings, after concluding that the …
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