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Article • November 15, 2009 • from PLN November, 2009
Filed under: Mail, Mail Regulations
Outgoing Mail Censorship Assessed Under Procunier, not Turner; Oregon Court Applies Wrong Standard by The Ninth Circuit Court of Appeals has reversed a district court’s dismissal of an Oregon prisoner’s outgoing mail censorship suit, finding that the “dismissal relied on an incorrect legal standard.” Oregon State Penitentiary (OSP) prisoner Jacob …
Massachusetts Prison Officials Assault Prisoner With Feces, Settle Lawsuit for $5,000 by In January 2009, Eric Bargoot, a Massachusetts prisoner who suffers from post-traumatic stress disorder and panic disorder, as well as a heart condition, settled his § 1983 lawsuit for damages arising from events in September 2004, during which …
Article • November 15, 2009 • from PLN November, 2009
Georgia Attorneys Abandoning Indigent Defendants by David Reutter by David M. Reutter For almost 50 years, following the Supreme Court’s 1963 decision in Gideon v. Wainwright, criminal defendants have had a constitutional right to legal representation. However, Georgia lawmakers have decided that as a result of the state’s budget shortfall …
Florida to Allow Exportation of Prisoners to Other States by David Reutter by David M. Reutter Florida lawmakers have handed a victory to the private prison industry by passing a bill (SB 1722) that allows Florida prisoners to be exported to out-of-state facilities, which are mostly privately-operated. When Governor Charlie …
Oklahoma Legislators Not Considering Closing State Prisons, Unless They Are by Matthew T. Clarke by Matt Clarke On April 7, 2009, Oklahoma State Senate President Pro Tem Glenn Coffee was accused of asking the Oklahoma Department of Corrections (DOC) to conduct a study analyzing the cost of closing certain state …
Article • November 15, 2009 • from PLN November, 2009
Indiana DOC Directive Limiting Educational Credit to Only One Associate’s Degree Violates Ex Post Facto Clause by Brandon Sample A directive issued by the Indiana Department of Corrections (IDOC) that limits the award of educational sentence credit to only one Associate’s Degree cannot be applied retroactively without running afoul of …
Article • November 15, 2009 • from PLN November, 2009
Texas Supreme Court: Prisoner May Appeal Despite Incomplete Indigence Affidavit by Matthew Clarke by Matt Clarke On May 16, 2008, the Supreme Court of Texas held that an indigent prisoner whose indigence was uncontested may proceed with an appeal despite deficiencies in his affidavit of indigence. Lawrence Higgins, a Texas …
Ninth Circuit: “Three Strike” Conviction Does Not Allow Use of Old Offenses for Impeachment Purposes in § 1983 Suit; Heck Does Not Bar Admission of Evidence by John Dannenberg Ninth Circuit: “Three Strike” Conviction Does Not Allow Use of Old Offenses for Impeachment Purposes in § 1983 Suit; Heck Does …
Article • November 15, 2009 • from PLN November, 2009
Filed under: Searches, Strip Searches
$5.9 Million Settlement in Philadelphia Jail Strip Search Class Action by Philadelphia's prison system has agreed to pay $5.9 million to settle the claims of class members in a class action lawsuit alleging their rights were violated as the result of a strip search policy. The settlement does not include …
Article • November 15, 2009 • from PLN November, 2009
Illinois Governor’s Failure to Act on Clemency Petitions Not Actionable by Brandon Sample In March 2008, U.S. District Judge Joan B. Gottschal held that persons seeking executive clemency in Illinois have a protected liberty interest in having their petitions decided within a reasonable time by the governor. However, that ruling …
Article • November 15, 2009 • from PLN November, 2009
Indiana Sex Offender Residency Restriction Violates Ex Post Facto Clause by Indiana’s “residency restriction statute,” which prohibits sex offenders from living within 1,000 feet of a school, youth center or public park, violates the ex post facto clause of the state constitution as applied to sex offenders convicted before the …
Article • November 15, 2009 • from PLN November, 2009
Wisconsin Courts Sealing Cases by David Reutter by David M. Reutter A basic principle of the American court system is that the public has a right to know what happens in the nation’s courtrooms. In Wisconsin, however, that principle has been compromised to protect certain parties in court proceedings, including …
Article • November 15, 2009 • from PLN November, 2009
Former Mississippi DOC Chief Medical Officer Charged with Embezzlement by Dr. Kentrell Liddell, 35, was arrested on May 21, 2009 and charged with 13 counts of embezzlement. She was taken into custody at her current job at the Madison County Medical Center in Canton, Mississippi, and booked into the Hinds …
Brief • November 15, 2009
Evans v Multnomah Co or First Am Compl Police Beating 2009 Case 3:07-cv-01532-BR Document 93 Filed 10/15/2009 Page 1 of 11 BENJAMIN HAILE, OSB #04066 attorneyhaile@gmail.com 620 SW Main St., Suite 615 Portland, OR 97205 Telephone: (503) 228-1889 Facsimile: (503) 223-4518 Attorney for the Plaintiff UNITED STATES DISTRICT COURT FOR …
Brief • November 14, 2009
Sarmiento v. County of Orange, CA, Reporter's Transcipt of Jury Trial, 2009 Case 8:06-cv-00586-DOC-AN Document 291 Filed 11/14/2009 Page 1 of 124 SACV 06-0586 DOC - 2/13/2009 - Day 4, Volume I 1 1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF CALIFORNIA 3 HONORABLE DAVID O. CARTER, JUDGE PRESIDING …
Brief • November 14, 2009
Sarmiento v. County of Orange, CA, Deposition - Cope, February 13, 2009 Case 8:06-cv-00586-DOC-AN Document 291 Filed 11/14/2009 Page 1 of 124 SACV 06-0586 DOC - 2/13/2009 - Day 4, Volume I 1 1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF CALIFORNIA 3 HONORABLE DAVID O. CARTER, JUDGE PRESIDING …
Brief • November 12, 2009
Williams v Kitsap County Wa Court Order Wrongful Death Shooting 2009 Case 3:08-cv-05430-RBL Document 178 Filed 11/12/2009 Page 1 of 2 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 MARK WILLIAMS, et al.,, CASE NO. C08-5430 RBL 9 10 11 …
Brief • November 12, 2009
Davis v Canyon County Id Consent Decree Jail Conditions Class Action 2009 Case 1:09-cv-00107-BLW Document 36 Case 1:09-cv-001 07-BLW Document 22-2 Filed 11/12/09 Page 1 of 20 Filed 08/04/2009 Page 1 of 20 IN THE UNITED STATES DISTRICT COURT OHIO/HAL FOR THE DISTRICT OF IDAHO AMANDA DAVIS. et aI, Case …
Brief • November 12, 2009
Davila v County of San Joaquin Ca Settlement Police Wrongful Death 2009 AGENDA ITEM SUBMITTAL FORM BOARD OF SUPERVISORS For Clerk's Use Only: AGENDA NUMBER CLERK OF THE BOARD 222 E. Weber Avenue, Room 701 Stockton, California 95202 SUBMIT ONE COPY OF TillS FORM WITH EACH BOARD AGENDA ITEM. At …
Brief • November 12, 2009
Slingluff v. State of Hawaii, Findings of Fact/Conclusions of Law, Medical Malpractice Leaves Prisoner Impotent, 2009
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