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Article • January 15, 2010
Washington Prisoners Have The Right To Seek Divorce by A prisoner’s due process right of access the courts includes the right to bring actions for dissolution of marriage and related matters, the Supreme Court of Washington decided March 26, 1987. The court’s decision comes in response to an appeal by …
Article • January 15, 2010
Yankees Settle Suit Over Restrictions On Fans by The City of New York in conjunction with the New York Yankees baseball team has settled a lawsuit brought by a fan who alleged that the Yankees restricted him and other fans from moving around during the playing of “God Bless America.” …
No Hearing Required for Oregon IMU Confinement by In a unanimous decision, the Oregon Supreme Court has held that state prisoners are not entitled to a hearing when they are confined in the Intensive Management Unit (IMU). The Oregon Department of Corrections (ODOC) operates two IMUs to segregate “prisoners who …
Attorney General’s SORNA Regulations Violate APA; Law Cannot be Applied to Offenders Convicted Before Its Enactment by The Sexual Offenders Registration and Notification Act (SORNA) may not be applied to offenders who were convicted of sex offenses before the statute’s enactment, the U.S. Court of Appeals for the Sixth Circuit …
Article • January 15, 2010
Filed under: Mail, Mail Regulations, Postage
Judge Approves Sherriff Arpaio’s Draconian Postcard-Only Mail Policy by On September 24, 2009, U.S. District Judge David G. Campbell entered summary judgment for Sheriff Joe Arpaio on a First Amendment challenge to a mail policy prohibiting prisoners from receiving incoming letters. Due to a purported rise in contraband coming through …
Article • January 15, 2010
Judge Permits Medical Exam of Prisoner at ADX by U.S. Magistrate Judge Kathleen M. Tafoya has granted in part and denied in part a motion seeking to inspect two federal prisons, and to examine a prisoner incarcerated there. Thomas Silverstein has been in segregation over 22 years for killing Bureau …
Article • January 15, 2010
Georgia Mail Policy Limiting Who Can Send Internet Material Upheld, then Changed by On December 4, 2007, Chief U.S. District Judge Hugh Lawson upheld a Georgia Department of Corrections (DOC) policy that prohibited prisoners from receiving materials printed from the Internet from persons other than publishers, vendors, or attorneys. Danny …
Article • January 15, 2010
Fourth Circuit Remands Gift Publication Challenge by The U.S. Court of Appeals for the Fourth Circuit has reversed a grant of summary judgment in a lawsuit challenging a gift publication ban at a Virginia prison. The district court had granted summary judgment for prison officials on the prisoner’s challenge to …
Calls over Monitored Phone to Attorney not Protected by Sixth Amendment by U.S. Magistrate Judge Robert E. Larsen has recommended the denial of a motion to suppress audio recordings obtained by the United States from CCA that contained attorney-client communications. While awaiting trial on federal charges, Gary Eye allegedly conspired …
Remitter Granted In Malicious Prosecution Action; Court Denies Request for State to Indemnify Defendant by A remitter has been ordered in a 42 U.S.C. § 1983 action brought by a psychologist formerly employed by the New York State Office of Mental Retardation and Developmental Disabilities (DMRDD) after the psychologist was …
Article • January 15, 2010
Sacramento County Settles Excessive Force/False Arrest Suit for $1,000 by On January 16, 2004, the County of Sacramento, California settled for $1,000 a suit brought by a former Sacramento County Jail prisoner whose arm had allegedly been broken by a deputy and who had been arrested without an outstanding warrant. …
Article • January 15, 2010
Sacramento County Settles Jail Beating Claim for $1,500 by On April 10, 2006, the County of Sacramento, California settled a claim against it for the 2004 beating of a prisoner in the Sacramento County Jail by three Sheriff's Deputies. Joseph Munyer filed a claim against Sacramento County alleging that, on …
Article • January 15, 2010
Sacramento County Settles Jail Medical Neglect Claim for $1,000 by On December 13, 2005, the County of Sacramento, California settled a claim against it for the medical neglect a prisoner in the Sacramento County Jail suffered in 2004. Jose Del Toro, filed a claim against the Sacramento County alleging that, …
Article • January 15, 2010
Second Circuit Remands Iqbal v. Ashcroft for Possible Amendment by On July 28, 2009, the Second Circuit Court of Appeals remanded Iqbal v. Ashcroft to the district court for a determination of whether Iqbal should be granted leave to amend his complaint. Javaid Iqbal, a Muslim Pakistani, and Ehad Elmaghraby, …
Article • January 15, 2010
Seventh Circuit Reverses Dismissal Of Medical Care Claims by The U.S. Court of Appeals for the Seventh Circuit has reversed the dismissal of a prisoner’s 42 U.S.C. § 1983 action claiming deliberately indifferent medical care. Vantice Beshears alleged that while incarcerated at the Champaign County Jail, medical staff prescribed and …
Article • January 15, 2010
State Did Not Err In Laying Off Guards by The Appellate Court of Illinois, Fourth District, has reversed a decision by the Illinois Labor Relations Board (ILRB) holding that the State of Illinois failed to bargain in good faith before laying off numerous Illinois prison guards. The decision to lay …
Article • January 15, 2010
Tenth Circuit Reverses Discovery Order In FOIA Case by On July 2, 2009, the U.S. Court of Appeals for the Tenth Circuit reversed a discovery order in a Freedom of Information Act (FOIA) suit permitting depositions of two federal prisoners who allegedly had knowledge of records withheld by the FBI …
Article • January 15, 2010
Time Spent In Drug Treatment While On Probation Not Creditable Toward Sentence by Time spent in an inpatient drug treatment program while on probation cannot be credited toward service of an underlying sentence, the Supreme Court of Kansas decided November 7, 2008. Marsha Preston pled guilty to cocaine possession, and …
Article • January 15, 2010
Filed under: Sentencing, Parole
Trial Court Exceeded Its Authority In Restricting Parole Board’s Discretion by The Court of Appeal of California, Sixth Appellate District, has reversed an order by the Superior Court of Santa Clara County ordering the Board of Parole Hearings to conduct a new hearing to “explain what instances of [Portee’s] commitment …
Article • January 15, 2010 • from PLN January, 2010
$1.31 Million Award to Wrongfully Jailed California Man by A California federal jury awarded $1.31 million to a man who spent eight months in jail for being unlawfully arrested on a home invasion murder he did not commit. Within eight hours of the November 1, 2005 crime, Edmond Ovasapyan was …
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