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Sex Offense against Minor Requires Registration
Article • July 15, 2011
Filed under: Discrimination, Sex Offender Registration, Sex Offender Registration and Notification Act
Sex Offense against Minor Requires Registration by The Eleventh Circuit Court Appeals affirmed a sentence that required a defendant convicted of five misdemeanor counts of willfully depriving individuals of their right to be free from unreasonable searches by one acting under color of law to register as a sex offender …
SORNA's Registration Requirements Do Not Apply to Convictions Involving the Transfer of Obscene Materials to a Minor
Article • July 15, 2011
Filed under: Sex Offender Registration, Federal Statutory Law, Sex Offender Registration and Notification Act
SORNA's Registration Requirements Do Not Apply to Convictions Involving the Transfer of Obscene Materials to a Minor by Brandon Sample By Brandon Sample On January 14, 2009, the U.S. Court of Appeals for the Eleventh Circuit decided that the registration requirements of the Sex Offender Registration and Notification Act (SORNA) …
Mistaken Release Still Escape If You Do Not Turn Yourself In
Article • May 15, 2011
Filed under: Crime/Demographics, Criminal Prosecution, Escapes, Wrongful Release
Mistaken Release Still Escape If You Do Not Turn Yourself In by The federal escape statute applies to prisoners who fail to turn themselves in after being mistakenly released, the U.S. Court of Appeals for the Eleventh Circuit decided December 27, 2010. Lonzell Gowdy was mistakenly released by Alabama prison …
LCS Granted Writ of Mandamus on the Basis of Res Judicata
Article • April 15, 2011
Filed under: Louisiana Correctional Services, Court Access, Law Library Access/Adequacy, Mandamus, Res Judicata
LCS Granted Writ of Mandamus on the Basis of Res Judicata by The Supreme Court of Alabama ruled on December 19, 2008 that res judicata was established in a prisoner’s First Amendment case that was previously adjudicated by a Louisiana court of competent jurisdiction. On October 3, 2006, Carl Braxton …
State Law Registration Requirements Trigger SORNA
Article • April 15, 2011
Filed under: Sex Offender Registration, Federal Statutory Law, Sex Offender Registration and Notification Act
State Law Registration Requirements Trigger SORNA by On December 15, 2009, the U.S. Court of Appeals for the Eleventh Circuit upheld a sex offender’s conviction under the Sex Offender Registration and Notification Act (SORNA). David Griffey was convicted of a sex offense in Illinois, but later moved to Alabama after …
Limbaugh v. Thompson, AL, Amicus Brief - Rluipa, Native American Long Hair Beard Growth, 2011
Brief • April 8, 2011
Filed under: Native American
Limbaugh v. Thompson, AL, Amicus Brief - Rluipa, Native American Long Hair Beard Growth, 2011 Case 2:93-cv-01404-WHA -CSC Document 523 Filed 04/08/11 Page 1 of 16 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION James Morning Raven Limbaugh, et al., Plaintiffs, v. Civil No. 2:93-cv1404-WHA Leslie …
Limbaugh v. Thompson, AL, Statement of Interest, Native American Long Hair, 2011
Brief • April 8, 2011
Filed under: Native American
Limbaugh v. Thompson, AL, Statement of Interest, Native American Long Hair, 2011 Case 2:93-cv-01404-WHA -CSC Document 523 Filed 04/08/11 Page 1 of 16 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION James Morning Raven Limbaugh, et al., Plaintiffs, v. Civil No. 2:93-cv1404-WHA Leslie Thompson, et al. …
Henderson v. Bentley, AL, Complaint, HIV Prisoner Discrimination, 2011
Brief • March 28, 2011
Filed under: Discrimination, Disabled Prisoners, HIV/AIDS, Failure to Treat
Henderson v. Bentley, AL, Complaint, HIV Prisoner Discrimination, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION LOUIS HENDERSON, DANA HARLEY, DARRELL ROBINSON, DWIGHT SMITH, ALBERT KNOX, ROOSEVELT JAMES, JOHN mCKS, APRIL STAGNER, ASHLEY DOTSON, and MELINDA WASHINGTON, on behalf of themselves and of …
Alabama DOC Settles Wicca Suit
Article • March 15, 2011
Filed under: Religious Freedom, Denial of Religious Services, Religious Practices, Religion Defined
Alabama DOC Settles Wicca Suit by On August 20, 2004, the Alabama Department of Corrections (ADOC) agreed to settle a suit seeking recognition and accommodation of Wiccan religious practices. In 1995, Timothy Hornsby sued the ADOC arguing that its refusal to recognize Wicca as a religion violated his constitutional and …
ACLU AL v. Ingle, AL, Complaint, Due Process Prisoner Attorney Visitation, 2011
Brief • March 9, 2011
Filed under: Attorney Client, Due Process, Visiting, Attorney Visits
ACLU AL v. Ingle, AL, Complaint, Due Process Prisoner Attorney Visitation, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA JASPER DIVISION AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF ALABAMA and ALLISON NEAL, Plaintiffs v. RODNEY INGLE, in his official capacity as Sheriff of Fayette County, Alabama, …
Study Finds Discriminatory Jury Selection in Southern States
Article • February 15, 2011 • from PLN February, 2011
Filed under: Prosecutor/Attorney General Misconduct, Discrimination, Racial Discrimination, Juries
Study Finds Discriminatory Jury Selection in Southern States by Derek Gilna A study by the Equal Justice Initiative, a non-profit legal organization based in Montgomery, Alabama, has found widespread discrimination in jury selection in the states of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, South Carolina and Tennessee. The discriminatory practices …
Expanded Eligibility for New York Medical Parole Has Little Effect
Article • October 15, 2010 • from PLN October, 2010
Filed under: Furloughs, Medical, Medical Expenses, Parole
Expanded Eligibility for New York Medical Parole Has Little Effect by Matthew Clarke by Matt Clarke In April 2009, New York passed a statutory amendment that expanded the state’s compassionate release program for terminally ill prisoners. The amendment permitted medical parole for prisoners convicted of certain violent crimes who were …
Alabama’s Indigent Defense System “Perfect Storm” for Ineffective Assistance
Article • September 15, 2010 • from PLN September, 2010
Filed under: Judicial Misconduct, Attorneys, Attorney Misconduct, Public Defenders
Alabama’s Indigent Defense System “Perfect Storm” for Ineffective Assistance by David Reutter by David M. Reutter “Alabama’s right-to-counsel system has the ‘perfect storm’ of characteristics that virtually guarantee ineffective assistance of counsel to the poor,” observed David Carroll, research director for the National Legal Aid & Defender Association. Carroll was …
Behler v. Grivois, Settlement, CO., Jail, Excessive Force, 2010
Brief • May 24, 2010
Behler v. Grivois, Settlement, CO., Jail, Excessive Force, 2010 RELEASE IN FULL OF ALL CLAIMS AND RIGHTS AND WAIVER OF SUBROGATION FOR AND IN CONSIDERATION OF Eighty Thousand and No/lOOths Dollars ($80,000.00), receipt and sufficiency of which is acknowledged, BROCK JOHN BEHLER releases and forever discharges DENNIS GRIVOIS, his heirs, …
Prison Incident and Investigative Reports Must Be Disclosed Under Alabama’s Open Records Act
Article • April 15, 2010 • from PLN April, 2010
Filed under: Civil Procedure, Disclosure of Records
Prison Incident and Investigative Reports Must Be Disclosed Under Alabama’s Open Records Act by David Reutter by David M. Reutter The Alabama Supreme Court affirmed a trial court’s summary judgment order that held incident and investigative reports created by the Alabama Department of Corrections (ADOC) are subject to the state’s …
$750,000 Settlement in Alabama Prisoner’s Heat Death
Article • March 15, 2010 • from PLN March, 2010
Filed under: Prison Health Services, MHM Inc., Exposure to Heat, Medical Neglect/Malpractice, Mental Health, Involuntary Treatment/Drugging
$750,000 Settlement in Alabama Prisoner’s Heat Death by A $750,000 settlement was paid to the mother of an Alabama mentally ill prisoner who died as the result of exposure to extreme heat while on psychotropic medication. Just four days after his admission to Kilby Correctional Facility (KCF), prisoner Farron Barksdale, …
Alabama Ends Policy Barring HIV+ Prisoners from Work Release
Article • February 15, 2010 • from PLN February, 2010
Filed under: Work Release, Discrimination, Disabled Prisoners, HIV/AIDS
Alabama Ends Policy Barring HIV+ Prisoners from Work Release by After more than two decades of intense advocacy by the ACLU, in August 2009 the Alabama Department of Corrections (ADOC) agreed to end its practice of prohibiting prisoners with HIV from participating in work release programs. PLN has previously reported …
$91,059.83 in Damages, Fees and Costs Awarded to Alabama Prisoner Beaten by Guard
Article • December 15, 2009 • from PLN December, 2009
Filed under: Brain Injury, Attorneys, Attorney Fee Awards, Guard Brutality/Beatings, Damages
$91,059.83 in Damages, Fees and Costs Awarded to Alabama Prisoner Beaten by Guard by An Alabama federal jury has awarded $20,000 in compensatory and punitive damages to a man beaten by a guard at the Lauderdale County Detention Center (LCDC). The lawsuit alleged that LCDC guard Philip King was aware …
Former Alabama Judge Acquitted of Paddling, Sexually Abusing Jail Prisoners
Article • December 15, 2009 • from PLN December, 2009
Filed under: Sexual Assault, Sexual Assault by Judges, Judicial Misconduct, Criminal Prosecution
Former Alabama Judge Acquitted of Paddling, Sexually Abusing Jail Prisoners by Mark Wilson On March 27, 2009, former Mobile County, Alabama Circuit Court Judge Herman Thomas was indicted on 57 charges for allegedly checking young male prisoners out of the Metro Jail, taking them to his office, and paddling them …
Alabama Guards Get Qualified Immunity for Failing to Prevent Rape of 11-Year-Old Prisoner
Article • December 15, 2009
Filed under: Prisoner-Prisoner Assault, Guard Misconduct, State Law Claims, Qualified Immunity, Sovereign Immunity, Juveniles, Failure to Protect (Juveniles)
Alabama Guards Get Qualified Immunity for Failing to Prevent Rape of 11-Year-Old Prisoner by The Eleventh Circuit Court of Appeal has held that guards are entitled to qualified immunity on federal claims, but not to Alabama state-agent immunity on state-law claims, in a lawsuit involving the rape of an eleven-year-old …
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