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Illinois DOC Control Unit Case Certified as Class Action by An Illinois federal court certified a suit related to prisoner confinement in an Illinois Department of Corrections (IDOC) maximum security unit as a class action. Thirty-two past and present prisoners of the Tamms Correctional Center (Tamms) maximum security unit brought …
8th Circuit Court of Appeals Examines Possession in Prison Searches by The 8th Circuit Court of Appeals affirmed a Missouri federal district court’s dismissal of a petition for writ of habeas corpus that alleged denial of due process. Petitioners Carroll James Flowers and Christopher Michael Danner instituted separate actions against …
Tennessee CCA Warden Denied Summary Judgment for Excessive Force by A Tennessee federal court denied a private prison warden summary judgment on an excessive force claim for assaulting a handcuffed prisoner. James Ingram was a prisoner at the Hardeman County Correctional Facility (HCCF) in Tennessee, which is operated by Corrections …
Utah Private Corrections Center Employees under Federal Indictment for Evidence Tampering by A federal investigation resulted in criminal charges against two employees of a Salt Lake City, Utah corrections center for federal prisoners. A federal probe targeted Cornell Community Corrections Center, a private corporation that contracts to house prisoners who …
Second Circuit Rules No Property Interest in Prison Industries Job, Joining Third, Fifth and Seventh Circuits by In an unpublished opinion, the Second Circuit Court of Appeals held that federal prisoners do not have a protected property interest in a UNICOR job assignment. The court also affirmed the dismissal for …
Brief • March 5, 2012
State of Maryland v. Brightful et al, MD, Order, Drug Recognition Expert Protocol, 2012 03/05/2012 13:30 From: .A :"~_ #210 P,002/038 I! I Ii ii IN THE CIRCUIT COURT FOR CARROLL COUNTY II Ii 1j ii' I, "" Ii Ii 11 STATE OF MARYLAND v, IIII II II I' I …
Folsom Prison Officials Settle Prisoner Retaliation Suit for $325 by In May 2009, Folsom Prison officials agreed to a settlement of a federal suit filed by prisoner Norman Gregory, alleging that in 2004 they had engaged in a series of retaliatory actions against Gregory. The suit settled for $325 with …
Article • February 15, 2012
New York Prison Disciplinary Procedures Violate Due Process, But That’s OK by The U.S. Southern District of New York determined that prisoners’ due process rights were violated, but found in favor of defendants. Abdel-Jabbor Malik, a New York state prisoner, was served with an “Inmate Misbehavior Report” for violating prison …
Article • February 15, 2012
Sixth Circuit: “Security Threat Group” Designation Does Not Warrant Due Process Protections by In 2005, the Sixth Circuit Court of Appeals affirmed a district court's rulings against Michigan prisoner Keith Harbin-Bey, who in 2003 had filed a pro se civil rights lawsuit pursuant to 42 U.S.C. § 1983 alleging that, …
Colorado Prison Murder Prosecutions Include Coerced Witnesses, Withholding of Evidence by In January 2011, a Powers County, Colorado jury acquitted a prisoner who was charged in the stabbing death of another prisoner. Prior to trial, prison officials were accused of using coercion to persuade prisoners to testify for the prosecution, …
Oregon’s Attorney General Accused of Botched, Abusive Prosecutions by Mark Wilson As previously reported in PLN, the Oregon Department of Justice (ODOJ) recently turned its prosecutorial power against a hotshot small-town district attorney. [See: PLN, Oct. 2011, p.39]. By the time it was over the DA had resigned, but the …
Texas Court of Criminal Appeals Rules Against Parole Board on Imposition of Sex Offender Restrictions on Non-Sex Offenders by Matthew Clarke by Matt Clarke The Texas Court of Criminal Appeals held that the Texas Board of Pardons and Paroles was required to provide due process in the form of a …
Article • February 15, 2012
Seventh Circuit: Crawford Not Applicable to Revocation Hearings by On May 2, 2006, the Seventh Circuit held that the Sixth Amendment right to confrontation and cross-examination of witnesses as set forth in Crawford v. Washington, 561 U.S. 36 (2004), does not apply to revocation hearings. Lamond D. Kelley, a federal …
California: Prior Conviction for Being a “Felon in Possession of Firearm” Admissible as Evidence in Subsequent Criminal Trials by The California Court of Appeal has held that a prior conviction for being a felon in possession of a firearm is a crime of moral turpitude, and therefore that evidence of …
Problems at North Carolina State Bureau of Investigation Crime Lab by Recent revelations of shoddy blood analysis at the North Carolina State Bureau of Investigation (SBI) crime lab led to an investigation that uncovered at least 190 cases of serious blood work errors in criminal cases. Those cases included three …
BOP Fails to Prove Non-Exhaustion Following Pavey Hearing by Mark Wilson On June 7, 2011, an Illinois U.S. District Court held that federal prison officials had failed to satisfy their burden of proving a prisoner did not exhaust administrative remedies before bringing suit. Chad Alan Hicks was confined at the …
Brief • January 6, 2012
Sanders and Phillips v. City of New York, NY, Complaint, false arrest malicious prosecution unlawful detention, 2012 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - -- - - - - - - - - - - - - - - - - - - - …
Anatomy of False Confessions, Redux by Earlier this year PLN reported on the phenomenon of suspects who falsely confess to crimes they did not commit. [See: PLN, April 2011, p.18]. As false confessions occur in wrongful conviction cases with disturbing regularity, this article revisits and expounds on this important topic …
Illinois DOC Sued to Accommodate Hearing Impaired Prisoners by A class-action lawsuit filed on May 4, 2011 is challenging the failure of the Illinois Department of Corrections (IDOC) to provide assistance to prisoners who are deaf or hard of hearing. The complaint, filed in federal court, alleges violations of the …
$1 Million Settlement in Texas Wrongful Conviction Suit by On March 31, 2011, a man who had been falsely convicted of burglary, rape and sexual abuse accepted a $1 million settlement after being exonerated by DNA evidence. Donald Wayne Good filed a 42 U.S.C. § 1983 civil rights suit in …
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