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Article • August 15, 2008
Colorado AG Advises Against Felons Microfilming Department of Revenue Tax Records by Colorado Attorney General (AG) J.D. MacFarlane opined against the Division of Correctional Industries utilizing felons to microfilm Department of Revenue (DOR) tax records. Upon request by Lee White, Executive Director of the Department of Administration, and Alan Charnes, …
MA Prison Conditions Might Amount to Cruel and Unusual Punishment by Richard Smith, a Massachusetts state prison at MCI-Concord, filed suit against prison officials after being disciplined for fighting. He sued numerous guards and administrators in state court alleging a multitude of constitutional and statutory violations. Among them was a …
Article • August 15, 2008
CHP's Liability for Excessive Force May Depend on Plaintiff's Immigration Status by Pretrial motions in a California U.S. District Court were determined in 2006 concerning Jose Angel Martinez Romero's immigration status as it pertained to his § 1983 excessive force action against the California Highway Patrol (CHP). The CHP's motion …
Article • August 15, 2008
New Hampshire DOC Union Representative Ordered to Reveal Client Admissions by An unnamed New Hampshire Department of Corrections (DOC) union representative (petitioner) appealed a court's refusal to quash a subpoena requiring him to testify before a grand jury. The state Supreme Court denied his appeal and ordered that he reveal …
Illinois Police Misconduct Investigative Documents Ordered Disclosed by Self-proclaimed journalist Jamie Kalven filed a motion to intervene in a 42 U.S.C. § 1983 action for police misconduct which subsequently settled. The motion was granted and production of the investigative documents he sought was ordered. Diane Bond brought an action against …
Improper Jury Instruction Vacates Four Aggravated Rape Charges Against Oklahoma Sheriff by Federal prisoner and ex-Larimer County (Oklahoma) Sheriff Melvin Holly appealed his conviction for five counts of felony deprivation of rights related to numerous incidents of sexual abuse. He claimed that an inappropriate jury instruction had resulted in the …
Article • August 15, 2008
Denver Police Department's Blanket Denial of Investigative Records Ruled Abuse of Discretion by Colorado state resident Stephen Nash sought review of a denial of requested Internal Affairs Bureau (IAB) files by the Denver Police Department (DPD). The files involved police misconduct during the improper monitoring of Nash's activities, which resulted …
Article • August 15, 2008
Artwork Sold on City Grounds Protected by First Amendment; No Permit Required by The City of Sparks, Nevada appealed a district court ruling that allowed artist Steven White to display and sell his paintings in parks and Victoria Square without a permit or prior permission from the City. The appellate …
Article • August 15, 2008
Kansas Prison Double Bunking Approved if ACA Standards Met by Thomas Porter and other Kansas state prisoners filed suit against the state and prison officials (defendants) alleging prison overcrowding, and subsequently objected to a proposed increase in the prison population by double bunking. The action alleged too little space per …
Article • August 15, 2008
MI Prisoner’s FOIA Suit Dismissed for Lack of Injury by Delay by David Lakin, a Michigan state prisoner, filed suit in state court against the Department of Corrections (DOC) under the Freedom of Information Act (FOIA), Mich. Comp. Laws § 15.231, et seq. (Mich. Stat. Ann. § 4.1801(1), et seq.), …
Article • August 15, 2008
Immigrant Fugitives Precluded from Appealing Immigration Judge's Decision by Fugitive Disentitlement Doctrine by Raju Raj Giri and his wife and child legally entered the U.S. in July 2003 and were entitled to remain in the country for 5 months. When their time expired they applied for asylum, but an immigration …
Article • August 15, 2008
Ninth Circuit Faults Mootness Dismissal, Denial of Counsel by The Ninth Circuit Court of Appeals vacated the mootness dismissal of an Idaho prisoner’s conditions of confinement suit. The Court also found that it was an abuse of discretion to dismiss without ruling on the prisoner’s request for appointment of counsel. …
Article • August 15, 2008
OH PRA Requires Prisoners to Obtain Court Order Finding that Requested Records are Necessary to Support Valid Claim by Robert Russell, an Ohio state prisoner, filed a mandamus action in state court to compel police to provide him with copies of offense and incident reports in his criminal case, pursuant …
Article • August 15, 2008
CA Teacher Wrongly Arrested for Sexual Misconduct; Wins Nearly $4.5 Million by Patrick Gillan, a teacher and coach for the girls basketball team at a high school in San Marino, California, was arrested for sexual misconduct involving one of his players. The only evidence against him was the girl's inconsistent …
Article • August 15, 2008
Statute of Limitations May Toll While Prisoner Exhausts Administrative Remedies by In 2003, William Howell, a state prisoner, sued jail guards in federal district court under 42 U.S.C. § 1983 for an incident that occurred over two years before he filed suit. Since the applicable statute of limitations was two …
Brief • August 13, 2008
Ware v. Town of Haverstraw et al, NY, Order, police public records, 2008
Once Again, Former Florida DOC Secretary Faces Liability in Prisoner Beating; Case Settled for $400,000 by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that the former warden of the Florida State Prison (FSP) was not entitled to qualified immunity in a civil rights …
Article • July 15, 2008 • from PLN July, 2008
California Juvenile Parolees Entitled to Two-Step Revocation Process by John Dannenberg by John E. Dannenberg The U.S. District Court for the Eastern District of California has held that the rights of California juvenile parolees were violated by the single-hearing revocation process used by the Juvenile Parole Board (JPB). Nevertheless, the …
California DOC Stipulates to Removal of Visitor X-Ray Ma-chines, but Damages Appeal Dismissed by John Dannenberg by John E. Dannenberg On November 20, 2007, the California Court of Appeal dismissed an appeal filed by a group of Lancaster State Prison visitors who sought damages for being subjected to Secure 1000 …
Article • July 15, 2008 • from PLN July, 2008
Ohio Prisoner Wins $4,525 Award For Assault By Guard by On May 12, 2007, the Court of Claims of Ohio issued a judgment in favor of an Ohio state prisoner awarding him $4,525 for an assault by a guard. Daniel Booth, an Ohio state prisoner, was working in the kitchen …
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