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The Tragedy of Victimless Crimes in the United States by Democratic Underground Time for Change's Journal The Tragedy of Victimless Crimes in the United States Posted by Time for change in General Discussion Tue Jun 09th 2009, 01:15 AM Whenever the offence inspires less horror than the punishment, the rigor …
California Prosecutors, Parole Board, State Agencies Entitled to Absolute Immunity in Parole Decisions by The Ninth Circuit Court of Appeal has held that prosecutors, parole board members and state agencies are entitled to absolute immunity for participating in or making parole decisions. The Court’s ruling comes in the case of …
Article • June 15, 2009
COA Denied to Florida Prisoner Sentenced to Death for Killing Guard by The Eleventh Circuit Court of Appeals entered a detailed opinion denying a certificate of appealability to a Florida prisoner sentenced to death for murdering a guard while sitting on death row awaiting execution for two other murders. Before …
"Little Guantanamo": Exposing the CMU by Daniel McGowan by Daniel McGowan, Spring 2009 Daniel McGowan is an environmental and social justice activist from NYC charged in federal court on counts of arson and conspiracy and given the "terrorism enhancement" for his involvement in two environmentally motivated actions in Oregon in …
Article • June 15, 2009
West Virginia Supreme Court Upholds Regional Jail Payments From Counties by The Regional Jail and Correctional Facility Authority (Authority) of West Virginia filed an original mandamus action in the Supreme Court of Appeals of West Virginia to compel the County Commission of Cabell County (County) to fulfill its obligation to …
Alaska Prisoners May Assert Third-Party Beneficiary Claim Against Contract Medical Provider by Alaska prisoners may bring a third-party breach of contract claim against contract medical providers for medical negligence, the U.S. Court of Appeals for the Ninth Circuit decided August 28, 2007. Joseph Miller, an Alaska prisoner, sued Corrections Corporation …
Article • June 15, 2009
Arkansas City Settles Dispute Over Housing Prisoners In County Jail by The City of Pine Bluff, Arkansas reached a settlement with Jefferson County, Arkansas over a declaratory judgment regarding the meaning of the phrase "prisoners of municipalities" as used in an Arkansas statue governing how jail costs are appropriated between …
Article • June 15, 2009
BOP May Lawfully Limit Halfway House Placement Beyond 180 Days by The Bureau of Prisons (BOP) may lawfully restrict federal prisoners to no more than 180 days halfway house placement, the U.S. Court of Appeals for the Eighth Circuit decided May 30, 2008. Gary Miller and several other prisoners at …
$200,000 Settlement in Excessive Force Claim by Washington State’s King County has paid $200,000 to settle the excessive force claim of Bryan J. Miles. On February 13, 2004, Miles was a passenger in his car, which was being driven by an acquaintance of Miles, when police attempted to pull the …
$200,000 Settlement in Sexual Harassment by Washington State’s King County paid $200,000 to settle the sexual harassment and hostile work environment claim of Jacqueline Galvan, who made claims relating to her employment at the Department of Adult and Juvenile Detention. The lengthy complaint in civil court details events from July …
$325,000 Award for Virginia Sheriff's Sexual Harrasment, Battery and Harassment by On January 15, 2008, a federal jury awarded a former sheriff's deputy $325,000 for battery and sexual harassment she suffered at the hands of a former sheriff. Lespia King, 22, a former deputy at the Roanoke City Jail in …
Article • June 15, 2009
$650 Settlement for Lost Property, Stolen Identity Claim by Washington State’s King County Jail has paid $650 to settle the lost property claim of Dion K. Humphrey. In December 2002, the Jail gave Humphrey’s social security card, driver’s license and clothes to Scott Williamson, who had stolen Humphrey’s identity. The …
$899,500 Award in NY DOCS Medical Negligence Resulting in Leg Amputation by A New York Court of Claims awarded a former prisoner a total of $899,500 in a medical negligence claim. As a result of the delays and neglect in treatment of William C. Stephens’s peripheral vascular disease (PVD) by …
Colorado Prisoners’ Access to Courts, ADA Claims Allowed to Proceed by U.S. District Judge John L. Kane, Jr. has allowed a group of Colorado prisoners to pursue access to court and ADA claims against the Colorado Department of Corrections. Steven Marquiz, Steven Clouse and several other Colorado prisoners sued the …
Army Medic Gets Life for Murdering Iraqi Prisoners/Abu Ghraib Prison Reopens by Matthew Clarke By Matt Clarke On February 20, 2009, a medic in the U.S. Army was sentenced to life in prison for his part in the 2007 murder of four Iraqi prisoners in Baghdad. The next day, the …
California Chaplains Lose Appeal in Compensation/Fraud Case by On June 5, 2008, a California appeals court affirmed a superior court ruling sustaining the demurrer in an action brought against Alameda County, California by three jail chaplains and Community Chaplains, Inc. (Appellants). Appellants' case alleged state law violations on the part …
Article • June 15, 2009
California Prison Guards' Dishonesty During Investigation Not Protected By Statute Of Limitations by The California Court of Appeal held that where California Department of Corrections and Rehabilitation (CDCR) prison guards and staff were timely charged with lying during an investigation relating to on-the-job misconduct, but their Notices of Adverse Action …
Article • June 15, 2009
California Prisoner's Court-Ordered Release Reversed on Appeal by On October 5, 2006, after serving more than 21 years on a sentence of 15 years to life for second degree murder, California prisoner Garabet Tokhmanian was deemed suitable for parole by the parole consideration panel (the panel). Pursuant to California law, …
Connecticut Settles Suit Over Conditions at Somers Facility; $190,000 in Fees and Costs Paid by In 1996, the parties in a class action suit over the conditions at the Connecticut Correctional Institution in Somers entered into a settlement agreement. The settlement came after significant improvements were made at Somers over …
Article • June 15, 2009
Delayed Order Designating Issues in Texas Habeas Action Has No Effect by On June 4, 2008, the Texas Court of Criminal Appeals (CCA) held that an untimely order designating issues entered by a state district court in a state habeas action is of no effect and the district clerk was …
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