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New Iowa Law Creates Sex Offender Residency Zones by A new Iowa law, passed in 2002, prohibits any sex offender who has victimized a child from living within 2,000 feet of a school or child-care center. The law has effectively exiled these ex-cons to enclaves on the outskirts of town, …
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 …
Private Transport Company Settles Female Prisoner's Sexual Assault Suit by Private Transport Company Settles Female Prisoner's Sexual Assault Suit Extraditions International, Inc., now defunct, and its successor company, American Extraditions, Inc., settled with a female prisoner who claimed she had been sexually harassed and sexually assaulted by a company guard …
Seventh Circuit Remands § 1983 Medical Negligence Suit to State Court by Seventh Circuit Remands § 1983 Medical Negligence Suit to State Court The Seventh Circuit U.S. Court of Appeals remanded a prisoner's respondent superior (supervisory) medical negligence claim to the Indiana state courts, because although the claim was not …
Article • January 15, 2004 • from PLN January, 2004
Alabama Highway Labor Kills Three Prisoners, Three More Injured by In a sudden surge of mayhem, three Alabama prisoners were killed in separate incidents and three more were injured. Prisoner highway labor was temporarily suspended. On April 11, 2003, Dairron Clark, 33, was struck and killed by a minivan on …
Supreme Court Upholds Federal Tolling Statute; $80,000 Verdict Reinstated by Reversing the Supreme Court of South Carolina, the United States Supreme Court, in a unanimous decision, held that 28 U.S.C. § 1367(d) is constitutional. The decision reinstates a judgment against a South Carolina county jail in a wrongful death claim. …
Wisconsin Prisoners' Riot Charges Expunged From Records by The Wisconsin Court of Appeals has affirmed a circuit court's order overturning and expunging seven prisoners' disciplinary infractions for participating in a riot, barring future disciplinary action premised upon the riot, but allowing proceedings for future administrative confinement for involvement in the …
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 …
Article • January 15, 2004 • from PLN January, 2004
$124,000 Awarded in New York Prison Bus Crash by On November 7, 2002, at a bench trial, the New York Court of Claims, Rochester, awarded Evin Lashbrook $124,000. In November 1996, Lashbrook was driving a truck when he was struck from behind by a New York State Department of Correctional …
Qualified Immunity Standards Tightened in Prison Murder Suit by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals brought its law of the Circuit into compliance with recent U.S. Supreme Court case law to add the additional test of "knowing unlawfulness" in Eighth Amendment prisoner …
Administrative Exhaustion Required in Pre-PLRA BOP Phone Suit by The U.S. Sixth Circuit Court of Appeals has ruled that the administrative remedies exhaustion requirement of the Prison Litigation Reform Act (PLRA) must be met even where a court approved settlement reached prior to the PLRA's enactment does not so require. …
No Constitutional Right to Privacy for Naked Woman Arrestee by In a 2-to-1 decision, the U.S. Court of Appeals for the Eighth Circuit reversed a U.S. District Court's grant of relief on three federal privacy claims but upheld judgment under state law for an Iowa arrestee who was strapped naked …
Article • January 15, 2004 • from PLN January, 2004
Filed under: News, News in Brief
News in Brief by Alabama: On August 22, 2003, state supreme court chief justice Roy Moore was suspended from the court for his refusal to obey a federal court judge's order that he remove a two ton monument of the ten commandments from the rotunda of the state supreme court's …
Evidentiary Hearing Required to Determine Communion Service Frequency by The Supreme Court of Mississippi has ordered an evidentiary hearing to determine the frequency prisoners at the Mississippi State Penitentiary at Parchman are allowed to receive Communion. Prisoner Donnie Russell, acting pro se, filed a petition in State Circuit Court alleging …
Article • January 15, 2004 • from PLN January, 2004
Kickbacks Dominate Fresno Jail Contracts by Gary Hunter Close scrutiny is being given to the Sheriff's Foundation for Public Safety and its leader, Fresno County Sheriff Richard Pierce. Many large donations received by the organization come from companies that have contracts with Fresno County. Pierce and eight other high-ranking sheriffs …
Article • January 15, 2004 • from PLN January, 2004
California Habeas Handbook, 4th Edition by John E Dannenberg by Attorney Kent Russell, Sept. 2003, 67 pages plus appendix Review by John E. Dannenberg The completely revised 4th Edition of the California Habeas Handbook, a self-help manual on the preparation of both California and federal habeas corpus petitions, guides pro …
Article • January 15, 2004 • from PLN January, 2004
Frivolous Litigator Must Prepay Appellate Filing Fees by Frivolous Litigator Must Prepay Appellate Filing Fees A divided Tenth Circuit U.S. Court of Appeals ruled that a prisoner who had been labeled a "three strikes" frivolous litigator could raise a jurisdictional appellate question, but he could not gain an appellate ruling …
Article • January 15, 2004 • from PLN January, 2004
$25,000 Awarded to Former New York Prisoner in Medical Malpractice Suit by Lonnie Burton $25,000 Awarded to Former New York Prisoner in Medical Malpractice Suit by Lonnie Burton On February 13, 2003, a State Court of Claims judge in Albany, NY ruled that a former prisoner at the Washington Correctional …
Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim by John E Dannenberg Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim by John E. Dannenberg A U.S. district court in New York has held that when a state prisoner's doctor-ordered Rebetron Therapy for his Hepatitis-C (Hep-C) disease was denied …
Article • January 15, 2004 • from PLN January, 2004
Pool Cue Not a Weapon, Says Second Circuit by The U.S. Court of Appeals for the Second Circuit reversed a district court's dismissal of a federal prisoner's disciplinary appeal after finding that a pool cue, per se, was not a weapon. In August 1999 while enjoying a game of pool, …
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