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Article • July 15, 2003 • from PLN July, 2003
Secretly Recorded California Jail Phone Conversations May Be Used to Convict by John E Dannenberg by John E. Dannenberg The California Supreme Court held that jail detainees' unprivileged (non-attorney) phone conversations and visits may be secretly recorded and that that information may be used to convict. This ruling, which reversed …
Article • July 15, 2003 • from PLN July, 2003
California Ad Seg Requires Opportunity to Present Views, Gang Debriefing Upheld by In an unpublished opinion, the Ninth Circuit Court of Appeals held that due process requires that prisoners be afforded a meaningful opportunity to present their views to the critical decision maker in administrative segregation cases. The court also …
Article • July 15, 2003 • from PLN July, 2003
Texas Guard Stabbing Prisoner Not State Action Under § 1983 by The Fifth Circuit Court of Appeals held that a guard's actions in cutting a prisoner with a knife was not under color of state law for purposes of 42 U.S.C. § 1983. Texas prisoner Fred Townsend was working as …
Appointment of Counsel in New Jersey Medical Suit by The U.S. Third Circuit Court of Appeals has vacated and remanded a New Jersey U.S. District Court's award of summary judgment against, and denial of appointment of counsel to, a pro se prisoner plaintiff. Jeffrey Montgomery, a New Jersey State prisoner …
Article • July 15, 2003 • from PLN July, 2003
Washington Supreme Court Reverses Parole Revocation for Failure to Record Hearing by The Washington Supreme Court recently reaffirmed its well-settled rule that parolees need not establish prejudice when challenging the Indeterminate Sentence Review Board's ("ISRB") parole decisions based on procedural violations. Because the Court of Appeals erroneously required a showing …
Article • July 15, 2003 • from PLN July, 2003
Trial Required in Death of Mentally Ilil Nevada Detainee, 9th Circuit Reverses Summary Judgment by The Ninth Circuit Court of Appeals held that summary judgment was improperly granted on the question of whether a County was deliberately indifferent to a pretrial detainee's mental illness while he was in custody at …
Article • July 15, 2003 • from PLN July, 2003
Joinder of Georgia Annual Parole Hearing Injunction is Rejected by The Eleventh Circuit US Court of Appeals rejected the attempt of a Georgia life prisoner to use the mechanism of joinder (Fed.RulesCiv.Proc. Rule 20(a)) to gain the benefit of another life prisoner's injunction providing for annual parole consideration hearings. James …
Article • July 15, 2003 • from PLN July, 2003
Filed under: Commentary/Reviews, Reviews
Joinder of Georgia Annual Parole Hearing Injunction Is Rejected by Paul Wright The Eleventh Circuit US Court of Appeals rejected the attempt of a Georgia life prisoner to use the mechanism of joinder (Fed.RulesCiv.Proc. Rule 20(a)) to gain the benefit of another life prisoner's injunction providing for annual parole consideration …
Article • July 15, 2003 • from PLN July, 2003
Expert Testimony Required to Prove Causation by The Eighth Circuit Court of Appeals held that a Missouri prisoner who suffered a stroke after being deprived of medication for hypertension for a month could not recover absent expert medical testimony on causation. Willie Robinson, a sixty-four year old man with a …
Guard's Prior Misconduct Wrongly Excluded from Rape Trial by The Ninth Circuit Court of Appeals held that the exclusion of evidence of a guard's prior improper sexual conduct against a former detainee warranted reversal. On Friday, January 31, 1997, Julie Ann Blind-Doan turned herself in to the Taft City Police …
$22,500 Award Upheld in Texas Gang Assault Set-up by Guards by John E Dannenberg $22,500 Award Upheld in Texas Gang Assault Set-Up By Guards by John E. Dannenberg The Fifth Circuit US Court of Appeals affirmed a district court's denial of defendant prison officials' summary judgment motion in a prisoner …
Article • July 15, 2003 • from PLN July, 2003
Favorable Termination Rule Inapplicable to Conditions Claims by The Third Circuit Court of Appeals held that the "favorable termination rule" of Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364 (1994), and Edwards v. Balisok, 520 U.S. 641, 117 S.Ct. 1584 (1997), does not apply to claims that implicate only …
Gov. Ryan's Song by Mumia Abu-Jamal by Mumia Abu Jamal Illinois Gov. George Ryan, in the last passing days of his first and only term, saved the best for last. He sent shock waves across the nation when he issued four pardons to men sitting on the Condemned Units of …
Article • July 15, 2003 • from PLN July, 2003
Illinois Governor Commutes All Death Sentences by Michael Rigby On January 11, 2003 Governor George Ryan ensured himself a place in the history of criminal justice reform by commuting the death sentences of 167 people. It was the most sweeping act of its kind by a governor in U.S. history. …
Article • July 15, 2003 • from PLN July, 2003
Gay Bashing Illinois Guards to Pay $65,000 for Savage Beating by A man who was brutally beaten by jail guards while in custody at the Cook County Jail in Chicago will receive $65,000 in a settlement approved in June 2002. Terry Phalen, now 42 and admittedly gay, was awaiting a …
Article • July 15, 2003 • from PLN July, 2003
Houston Crime Lab Closed, Prisoner Freed by Michael Rigby On March 6, 2003, the Houston Police Department (HPD) Chief C. O. Bradford announced that the department's DNA crime lab had been shut down and that internal affairs had launched an investigation into possible criminal and other misconduct. The announcement came …
Compensating the Wrongly Convicted, or Not by Matthew Clarke by Matthew T. Clarke Hundreds of thousands of men and women are hidden from society—social failures convicted of felonies—behind concrete walls and razor wire in isolated parts of our country. Nestled among them are society's silenced victims—the wrongfully convicted. Society is …
Brief • July 7, 2003
Henderson v. Washington, DOC, WA, Complaint Campylobacter & Blood Infection, 2003 .' .. .,.. _.-...-.. --- -.... STANDARD TO~T CLAIM FORM General LlablUly n Form #SF 210 STATI:'·OPf.1eE {)F . RISK MANAGEMENT Pursuant to ROW 4.92, this fonn is provided for your convenience when filing a tort claim against the …
U.S. v. Lavallee, CO, Order, Prison Conditions, 2003 269 F.Supp.2d 1297 (2003) UNITED STATES of America, Plaintiff, v. Mike LAVALLEE, Rod Schultz, and Robert Verbickas, Defendants. No. CR.A. 00-CR-481-D. United States District Court, D. Colorado. July 2, 2003. 1298 *1298 Mark Blumberg, United States Attorney's Office Criminal Section/CRT, Washington, DC, …
Pratt v. DC, DC, Order, Jail Tour Youth Strip Search, 2003 I UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA VERNELL PRATT, et al., Plaintiffs, v. Civil Action No. 01-1525 (JGP) ECF DISTRlCT OF COLUMBIA, et al., Defendants. ORDER ___Upon consideration of plaintiffs Consent Motion for Attorneys' Fees and …
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