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Sentences Upheld for TransCor Driver Who Raped and Terrorized Prisoners by Sentences Upheld for TransCor Driver Who Raped and Terrorized Prisoners by Matthew T. Clarke A Texas court of appeals has upheld a TransCor driver's two-year sentence for having sex with a prisoner and ten-year sentence for sexual assault of …
Article • January 15, 2004 • from PLN January, 2004
New Hampshire Prison Commissary Surcharge Ruled an Illegal Tax by John E Dannenberg by John E. Dannenberg The New Hampshire Supreme Court held that state law RSA 622:7-b, which imposed a 5% surcharge on the price of all commissary sales, amounted to a disproportionate tax in violation of the New …
Maryland Detainee Chained to Pole Awarded Damages, but No Fees by The U.S. Fourth Circuit Court of Appeals has affirmed in part a jury award of damages against Maryland police officers who left an arrestee tied to a pole in a deserted parking lot. The court also affirmed denial of …
Article • January 15, 2004 • from PLN January, 2004
Filed under: Sentencing, Good Time
Ohio Warrantless Arrestees Must Be Arraigned Within 48 Hours of Arrest by Ohio Warrantless Arrestees Must Be Arraigned Within 48 Hours of Arrest The U.S Court of Appeals for the 6th Circuit recently held that the 14th Amendment to the U.S. Constitution requires warrantless arrestees to be arraigned within 48 …
First Circuit Applies Mailbox Rule to § 1983 Complaints by by Matthew T. Clarke The First Circuit has held that the PLRA's exhaustion of remedies requirement is an affirmative defense, not jurisdictional, and failure to include proof of exhaustion of state remedies will not support sua sponte dismissal. The court …
Article • January 15, 2004 • from PLN January, 2004
Diet of Raw Cabbage and Food Loaf States Eighth Amendment Claim by The U.S. Court of Appeals for the Second Circuit reversed a district court's dismissal of a prisoner's claim that he suffered cruel and unusual punishment when he was placed in solitary confinement and fed a nutritionally inadequate diet. …
Article • January 15, 2004 • from PLN January, 2004
Massachusetts Constitution Entitles Prisoners to Wear Kufi Caps by Massachusetts Constitution Entitles Prisoners to Wear Kufi Caps A Massachusetts Appellate Court has held Article 46, §1 of the Amendments to the Massachusetts Constitution allows prisoners to possess and wear kufi caps. Saifullah Abdul-Alazim, a prisoner at the Massachusetts Correctional Facility …
Article • January 15, 2004 • from PLN January, 2004
Successive Petition Habeas Rule in Parole and Disciplinary Cases by Successive Petition Habeas Rule in Parole and Disciplinary Cases The Seventh and Ninth U.S. Circuit Courts of Appeal, in unrelated cases, have construed and applied the "second or successive petition" rule of 28 U.S.C. § 2244(b). The rule requires that …
Article • January 15, 2004 • from PLN January, 2004
Bond Fees State Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's dismissal of a lawsuit by arrestees who challenged Illinois counties' practice of charging a bond fee as a condition of release from jail. Six former arrestees brought an action under …
Use of Pepper Spray States Eighth Amendment Claim by The U.S. Court of Appeals for the Eighth Circuit affirmed a district court's denial of summary judgment for prison guards who pepper sprayed a prisoner and threw him to the ground. In October 1998, prison guards confiscated a radio from the …
Article • January 15, 2004 • from PLN January, 2004
Oregon Prisoner Stated Negligence Claim Concerning Lost Property by The Oregon Court of Appeals reversed a trial court's dismissal of a state prisoner's negligence action against the state and a prison guard related to the guard's handling of his property, which resulted in the loss of his glasses. The court …
Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus by Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus by Matthew T. Clarke The Fifth Circuit court of appeals has held that prisoners whose mandatory release dates are adversely affected by a change in …
Immunity Granted to Wisconsin Sex Offenders in Treatment by Immunity Granted to Wisconsin Sex Offenders in Treatment The Wisconsin Supreme Court has held that Gary Tate is entitled to immunity for statements made at court imposed sex offender treatment, and the revocation of his probation for refusing to make admissions …
County Liable for Sheriff's Failure to Remove Invalid Warrant From Computer by The Eleventh Circuit Court of Appeals held that Georgia Sheriffs are a county policymaker regarding their duties in the maintenence and recall of criminal warrants thus making the county liable in a § 1983 action for the Sheriff's …
Brief • December 30, 2003
Brooks v. WDOC, WA, Order dismissing case due to settlement, PLRA, 2003 , ~. '. lICK 13:1U FAX' 12/15/03 ~ . 1 ·1-·~:3::~\· 2 3 , 4 . lf1i1S'Nr~~&em:fT~ ---- , 1 'Iha HBS1O&'8b1e ROBBRT J. BRYAN 8 . 9 10 . 11 1JNlTBD STATES DI8TIlIC1'COYlR.T WESrBRNDJ8nu;crOJlWASBINGTON AT TACOMA. . …
Brief • December 19, 2003
Brooks v. WDOC, WA, Settlement, PLRA, 2003 aU '18/03 : .. .lION 13:18 PAX . ""004 RELEASE (IORT) FOR Al'ID .iN OONSJDBRA11ON of tho sum of l"wmty-Bitdlt Thousand and No/lOOtbs . Dollars lS28.000.00) 8IlCl--'~S ~ of medUdion tees In the amount of Pive Huodo:d ~Plve imd NoIIOOtbs Dellms ($595.00), Poly …
Article • December 15, 2003
Filed under: Medical, Medical Records
Tennessee Prisoner Wrongly Denied Medical Records by LaTasha Marie Whittington-Barrett (Barrett), a transsexual Tennessee state prisoner, asked guards at the Northeast Correctional Complex to allow her to review and copy her medical and psychiatric files in conjunction with a lawsuit she intended to file. She was allowed access to only …
Article • December 15, 2003
Two Killed in Failed Florida Prison Escape by David Reutter by David M. Reutter A bungled escape attempt at Florida's Charlotte Correctional Institution (CCI) on June 11, 2003, resulted in the first death of a female guard. Darla Lathram, 38, began working at CCI in June 2002. She was beat …
$210,000 Awarded in Virginia Jail Conditions Suit by The court of appeals for the Fourth circuit affirmed a district court in Virginia's order denying qualified immunity and judgment notwithstanding the verdict to Virginia jail officials. Virginia jail prisoners filed suit claiming overcrowding, poor sanitation, understaffing, and lack of a law …
DeLay/TRMPAC Indictments Include Cornell Contributions by by Matthew T. Clarke On September 21, 2004, a Travis County, Texas, grand jury handed down 33 felony indictments against people and corporations associated with Republican U. S. House of Representatives Majority Leader Tom Delay and the Texans for a Republican Majority Political Action …
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