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$13,500 Damages Paid to Two Illegally Detained Washington DOC Prisoners by The Washington state Division of Risk Management (DRM) paid claims totaling $13,000 to two state prisoners who were illegally arrested and incarcerated by the Washington Department of Corrections. Michael Buffington had been sentenced in King County Superior Court to …
Article • April 15, 2004 • from PLN April, 2004
Supplemental Parole Violation Warrant Filed After Sentence Expiration Illegal by Supplemental Parole Violation Warrant Filed After Sentence Expiration Illegal A federal district court for the District of Columbia has held that a parolee cannot be violated for activity alleged in a supplemental warrant filed after expiration of the original sentence. …
Article • April 15, 2004 • from PLN April, 2004
Filed under: Sentencing, Good Time
Prior To Reversal And Reconviction, California Prison Credits, Not Jail Credits, Apply by Prior To Reversal And Reconviction, California Prison Credits, Not Jail Credits, Apply The California Supreme Court held that when a prisoner's conviction is overturned on appeal, and a new conviction is obtained upon retrial, the time that …
Article • April 15, 2004 • from PLN April, 2004
California Parole Violators' Due Process Rights Upheld in Settlement by California Parole Violators' Due Process Rights Upheld in Settlement In a November 17, 2003 Stipulated Or-der for Permanent Injunctive Relief (PI), defendant California prison officials settled a nine-year old federal class action suit brought by parolees whose due process rights …
Former Warden and Two Jailers Sentenced for Philadelphia Jail Beating by Former Warden and Two Jailers Sentenced for Philadelphia Jail Beating A former warden and two former guards were sentenced in federal court for their roles in connection with the severe beating of a federal prisoner who was being held …
Article • April 15, 2004 • from PLN April, 2004
Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983 by Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983; U.S. Supreme Court Grants Review Bringing itself into line with its sister circuits, the en banc U.S. Sixth Circuit Court of Appeals held that Ohio prisoners may challenge parole …
Disarray in Colorado: Prisoners Hurt by Host of Problems by Bob Williams Society is dynamic, in a state of con-stant flux where change is the only constant, but recent changes in Colorado are turning up the pressure in Colorado's prison system. Prisoner pay has been nearly eliminated while hygiene items …
Article • April 15, 2004 • from PLN April, 2004
$475,000 Settlement for Wrongly Convicted Indiana Ex-Con by $475,000 Settlement for Wrongly Convicted Indiana Ex-Con On March 5, 2003, Jerry Watkins settled his wrongful conviction lawsuit against the Hancock County sheriff's department inIndianapolis and the Indianapolis police department. Watkins was convicted of murdering his 11 year old sister in law …
Brooklyn MDC Guard Pleads Guilty to Raping Prisoner by by Matthew T. Clarke On October 17, 2002, Randy Denjen, a guard lieutenant at the Brooklyn, New York Metropolitan Detention Center (MDC) pleaded guilty to charges of causing a prisoner to engage in sexual contact by threatening and placing her in …
Article • April 15, 2004 • from PLN April, 2004
Jail Rape Results in Reduced Sentence by An Alabama federal district court has reduced a female prisoner's sentence by a three-level downward departure based on her rape by a jail guard. Deborah Rodriguez pled guilty to possession with intent to distribute 382 kilograms of cocaine hydrochloride. After being raped by …
Article • April 15, 2004 • from PLN April, 2004
Filed under: Sentencing, Good Time
California Presentencing Credits Upheld For Jail Time in Another County by John E Dannenberg California Presentencing Credits Upheld For Jail Time in Another County by John E. Dannenberg The California Supreme Court ruled that while a prisoner was on pre-trial bail from one county, but had been arrested for an …
§ 1983 Disciplinary Challenge Available to Parolee Because Habeas Would Be Moot by John E Dannenberg § 1983 Disciplinary Challenge Available To Parolee Because Habeas Would Be Moot by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that a prisoner suing under 42 U.S.C. § 1983 for …
$108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E Dannenberg $108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals approved attorney fees/costs totaling $108,352 for litigation efforts in gaining injunctive relief under the Americans …
Article • February 15, 2004 • from PLN February, 2004
Feces Flinging Prisoners Receiving Lengthy Sentences by An emerging trend of sentences reveals that courts are imposing lengthy sentences on prisoners who throw bodily fluids on guards. In recent years, State Legislators have created new felony offenses that heavily penalize anyone who flings bodily fluids on guards. The philosophy behind …
Article • February 15, 2004 • from PLN February, 2004
Work-time Credits Commence Jan. 1, 2004, in California Reception Centers by Beginning January 1, 2004, all California state prisoners in reception centers who are statutorily eligible for Penal Code § 2933 day-for-day work-time credits will automatically earn such credits by participating in a new mandatory in-cell-study educational program. This applies …
Book Review: The Disciplinary Self-Help Litigation Manual: A Guided Tour of Wonderland by Stuart G. Friedman by Dan Manville, 350 pages, paperback Review by Stuart G. Friedman As any criminal litigator knows, dealing with prison issues feels like jumping through the looking glass and into Wonderland. Despite court statements suggesting …
Washington Sex Offenders' Release Plans Must Be Processed by The Washington State Court of Appeals for Division 1 has held that the Washington Department of Corrections (DOC) must process sex offenders' release plans, even if they are being referred for civil commitment as sexually violent predators. William Dutcher was a …
Invisible Punishment: The Collateral Consequences of Mass Imprisonment by Silja JA Talvi Edited by Marc Mauer and Meda Chesney-Lind, The New Press, 2002, 368 pgs. Review by Silja J.A. Talvi Mass imprisonment, according to criminal justice experts Marc Mauer and Meda Chesney-Lind, is the direct outgrowth of social and legal …
No Presumption of Collateral Consequences from California Disciplinary Proceeding by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Ap- peals held that in a 28 U.S.C. § 2254 habeas proceeding, a guilty finding in a California state prison disciplinary proceeding would not be accorded a …
Article • January 15, 2004 • from PLN January, 2004
U.S. Parole Law Amendment Ruled Ex Post Facto as Applied by John E Dannenberg by John E. Dannenberg The Third Circuit U.S. Court of Appeals ruled that a 1987 change to the U.S. Sentencing Reform Act (SRA) (18 U.S.C. § 4206(c)) that allowed for parole eligibility to be extended beyond …
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