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Massachusetts Man’s Estate Resolves Wrongful Conviction Suit for $14.1 Million by David Reutter In July 2009, the estate of a man who served over 18 years in Massachusetts prisons for a murder and robbery he did not commit reached a $3.4 million settlement with 5 of the 6 insurers for …
Sikh Inmates Caught in Maze of Vague Rules by California state prisons continue to operate under a patchwork mosaic of policy for accommodating Sikh religion-mandated turbans and beards, despite three-year-old regulations specifically crafted to meet the community’s religious requirements. Many state prison facilities are unaware that the California Department of …
Citizen Complaints Against Police Officer not Exempt from Disclosure under Illinois FOIA by On July 20, 2009, the Illinois Court of Appeals affirmed in part, reversed in part and remanded for further proceedings the dismissal of a complaint filed by G. Mark Gekas against the Sheriff of Sangamon County seeking …
Article • December 15, 2009
Costs of Incarceration Assessed Upon Minnesota Detainees by Minnesota’s Court of Appeals has held that under Minn. Stat. § 641.12 subd. 3(a)(2008), a county may require a convicted offender to pay costs of confinement in a county jail that accrued before the offender was convicted. The statute provides, “A county …
Article • December 15, 2009
Defamation Claim Filed by Hawai'i Sex Offender Labeled as Murderer Dismissed by On June 30, 2009, a Hawai'i Appellate Court filed its decision affirming the trial court judgment to dismiss a complaint filed on September 11, 2002 by a convicted sex offender, Waldorf Roy Wilson. Defendants in the complaint were …
Article • December 15, 2009
District Court Orders California Prisoner Released Following Parole Denial by On July 7, 2009, a U.S. Magistrate Judge in California issued a favorable recommendation in response to a prisoner's petition for writ of habeas corpus. The petition was filed pursuant to 28 U.S.C. § 2254 by David Velasquez after the …
Article • December 15, 2009
Failure to Register as Sex Offender Convictions Reversed in Washington by A Washington Court of Appeals reversed and vacated Kenneth Howe’s convictions for failure to register as a sex offender. The convictions were based on Howe's prior California convictions for lewd acts on a child and failure to register, which …
Article • December 15, 2009
Living with Cellmate is “Cohabitation” in Florida and Voids Alimony by Florida’s Fourth District Court of Appeals has held that a woman who was sentenced to serve nine years in prison was cohabitating with “another person” and it voided her alimony under her marital settlement agreement. That agreement provided that …
New Mexico County Immigrant Neighborhood Searches Enjoined by A New Mexico federal district court has issued a preliminary injunction that prohibits the County of Otero from engaging in “unconstitutional stops, searches, seizures, and discrimination pursuant to ‘operation Stonegarden,’” which seeks to round up illegal immigrants. Before the Court was the …
New York City Jail Conditions Still Unconstitutional a Quarter Century Later by After 25 years of litigation, officials overseeing New York City jails are still unable to provide environmental conditions that do not violate the constitutional rights of the pretrial detainees they hold. As such, a federal district court refused …
Article • December 15, 2009
Nexus Between Offense and Current Dangerousness Finding Required for California Parole Denial by On June 30, 2009, a California appellate court modified then affirmed a superior court order granting habeas corpus relief to Marin Haro. Haro filed the petition in 2008 challenging California's Board of Parole Hearings' (Board) decision finding …
Article • December 15, 2009
One Day Delay in X-Ray of Broken Jaw Not Deliberate Indifference by The Eighth Circuit Court of Appeals held that a jail nurse’s one-day delay in having a prisoner’s broken jaw x-rayed was not deliberate indifference of a serious medical need. The ruling came in the appeal of Philander Jenkins, …
Article • December 15, 2009
Out of State Detainer Does not Prevent Civil Commitment of Sex Offender Scheduled for Release by In an opinion filed June 23, 2009, the Ninth Circuit affirmed a lower court's conclusion to allow the civil commitment of a prisoner in Washington who was about to be released to a detainer …
Article • December 15, 2009
Paralegal Barred from Illinois Prison by On August 22, 1983, the Seventh Circuit affirmed a lower court's decision to deny relief to Illinois prisoner Preness Crusoe. Crusoe filed a complaint against the warden of Stateville Correctional Center in Joliet, Illinois, Richard DeRobertis, for his decision to deny visitation privileges to …
Article • December 15, 2009
Filed under: PLRA, Attorney Fees (PLRA)
PLRA Caps Attorney's Fees at 150 Percent of Judgment by After winning a $3,300 judgment, plus attorney's fees and costs, Morris Broussard, represented by attorney Timothy Borne Garrigan, filed a motion requesting a new trial pursuant to Rule 59(a) of the Federal Rules of civil Procedure. Plaintiff asserted that the …
Article • December 15, 2009
Post-Incarceration Name-Change Places Undue Burden on State by In a decision filed on June 16, 2009, a Wisconsin appeals court affirmed a circuit court's ruling to deny a prisoner's motion to amend his Judgment of Conviction to reflect his common law spiritual name. Jermaine Smith, a prisoner at the Green …
Article • December 15, 2009
Prisoner Wrongful Death Suicide claim Dismissed as Untimely by In a decision filed on June 9, 2009, the West Virginia Supreme Court affirmed a circuit court's dismissal of a wrongful death claim filed by the estate of a prisoner who allegedly killed himself at a local jail because the case …
Article • December 15, 2009
Request for "Information" is Not Subject to Washington Public Records Act by Request for "Information" is Not Subject to Washington Public Records Act In a published opinion filed June 22, 2009, a Washington appellate court affirmed a lower court's ruling regarding an alleged Public Records Act (PRA) request made by …
Statute of Limitations Bars Damages Claim for Voluntary Participation in Human Experiments; Ninth Circuit Reverses and Remands; Case Settles for $1.5 Million by An Oregon federal district court granted summary judgment against a former prisoner who brought suit on his behalf and that of a class of Oregon Department of …
Article • December 15, 2009
TDCJ Agrees to Pay $55,000 in Sexual Harassment Suit by On February 17, 2004, a settlement was reached in a sexual harassment case filed against the Texas Department of Criminal Justice (TDCJ). The complaint was filed pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 …
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