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Article • December 15, 2009
Good Time Petition Dismissed As Moot by The Court of Appeals of the State of Washington has dismissed as moot a petition by a former prisoner challenging the Washington Department of Corrections’ (DOC) method for calculating his good time. Steven Salmon served an Oregon sentence and a portion of a …
Article • December 15, 2009
Illinois Expungement-Following-Pardon-For-Innocence Statute Discretionary by On March 19, 2009, the Illinois Supreme Court held that the statute governing expungement of records following a pardon for innocence is discretionary even if the pardon specifically authorizes expungement. Stanley Howard and Dana Holland are former Illinois state prisoners who received gubernatorial pardons based …
Article • December 15, 2009
Illinois Federal Court Refuses to Dismiss Chicago Jail Strip Search Suit by On September 15, 2008, a federal court in Illinois denied a motion to dismiss by the Sheriff of Cook County and Cook County, Illinois, in a suit involving the strip searching of prisoners returning from court appearances. Charles …
The Crisis of Juvenile Prison Rape: A New Report by by David Kaiser and Lovisa Stannow When Troy Erik Isaac was first imprisoned in California, his cellmate made the introductions for both of them. “He said to me, ‘Your name is gonna be Baby Romeo, and I’m Big Romeo.’ He …
Article • December 15, 2009
Washington Supreme Court Permits Sentence In Excess of Statutory Maximum; Legislature Intervenes with Statutory Amendment by The Washington Supreme Court has held that a judgment and sentence containing a total prison term and community supervision term that exceed the statutory maximum sentence is valid, so long as the trial court …
Article • December 15, 2009
$4.6 Million Federal Jury Award to New York Man Pushed Off Roof by Cop by On April 7, 2009, a New York federal jury awarded $4.2 million to a man who was rendered paraplegic when a rookie cop pushed him off a roof. Shawn Lewis, 32, was chased to the …
$250,000 Default Judgment in Federal Court Legal Malpractice Case by On July 22, 2008, a New York federal court entered judgment and an award of $250,000 to the estate and survivors of a man who had allegedly been abused during 25 days of drug rehab. The award was against a …
Article • December 15, 2009
Arizona Jury Awards $125,000 to Family of Sudanese Killed By DPS Officer by In March 2009, an Arizona jury awarded $125,000 to the family of a former "lost boy" from Sudan who was brought to the United States as a teenage refugee and shot to death by a Department of …
Article • December 15, 2009
Attorney-Prepared Report to Ohio Government Entity Exempt from Disclosure by On April 21, 2009, the Supreme Court of Ohio held that a report prepared for a public entity by its long-time outside counsel was exempt from disclosure under the Ohio Public Records Act, R.C. 149.43. In July 2008, the mayor …
Article • December 15, 2009
Nursing homes with razor wire: Are elderly prisoners really a threat to public safety? by By David Fathi Sometime in the 1970s, the United States began a love affair with incarceration that continues to this day. After holding nearly steady for decades, our prison population began to climb as criminal …
Experts Designated and Defendants Ordered to Give Plaintiffs' Attorneys Access to Jails and Records in Maricopa County Jail Medical Suit by On January 28, 2009, a Phoenix federal judge appointed experts to evaluate medical and mental health care in the Maricopa County, Arizona jails, and assist in developing a remedial …
Lack of Exercise Claim Survives Motion to Dismiss, but not Summary Judgment by U.S. District Judge William Q. Hayes has denied a Rule 12(b)(6) motion to dismissed filed by California prison officials in a 42 U.S.C. § 1983 action alleging Eighth Amendment violations. Gregory Norwood, a California prisoner, alleged that …
$25,000 Settlement For Tourist Injured Visiting Alcatraz by On January 26, 2009, the United States agreed to pay $25,000 to a tourist injured while visiting Alcatraz, a federal prison turned national park. Roberta Klein sued the United States under the Federal Tort Claims Act after she fell and suffered severe …
Article • December 15, 2009
8th Circuit Affirms $10,000 Excessive Force Verdict by On November 4, 2008, the U.S. Court of Appeals for the Eighth Circuit upheld a $10,000 jury verdict for a Minnesota man who was subjected to excessive force by a University of Minnesota police officer. Charles Gill sued officer Geoff Maciejewski after …
Eighth Circuit Affirms Summary Judgment In FOIA Case by On April 29, 2009, the U.S. Court of Appeals for the Eighth Circuit affirmed a grant of summary judgment for the FBI in a Freedom of Information Act (FOIA) suit brought by Leonard Peltier. Peltier was convicted in 1977 of murdering …
Article • December 15, 2009
California Appeals Court Reverses Grant of Habeas in Parole Case by The Court of Appeal of California, Second Appellate District, has reversed the granting of a habeas corpus petition that had alleged the Governor erred in determining a prisoner was eligible for parole. Linda Lee Smith was convicted in 1980 …
Article • December 15, 2009
California Appeals Court Upholds Grant Of Habeas Affording Parole by The Court of Appeal of California, First Appellate District, Division Two, has affirmed a grant of habeas corpus in a case challenging the Governor’s decision to overturn a grant of parole. Peter George Cooper was convicted of murdering his wife …
California Court of Appeals: Minor Misconduct "Some Evidence" Supporting Parole Denial by California Court of Appeals: Minor Misconduct "Some Evidence" Supporting Parole Denial On March 5, 2009, a California Court of Appeal held that a prisoner's receiving a minor misconduct notation (form CDC 128-A) since his previous parole review was …
Article • December 15, 2009
Court Of Appeals Remands For Redetermination Of Parole Eligibility by The Court of Appeal of California, Sixth Appellate District, has affirmed, as modified, a grant of habeas corpus relief requiring the Board of Parole Hearings to redetermine a prisoner’s eligibility for parole. P.F. Lazor was convicted in 1983 of second …
Article • December 15, 2009
Court Okays Sale Of Unabomber’s Property by The U.S. Court of Appeals for the Ninth Circuit has rejected an appeal by Theodore Kaczynski, better known as the “Unabomber,” challenging the sale and disposition of Kaczynski’s personal property that was seized during the underlying investigation into his bombings. In 2006, the …
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