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Prison Guards Face Resentencing Dilemma in Beating Death of New York Jail Prisoner by Prison Guards Face Resentencing Dilemma In Beating Death Of New York Jail Prisoner by John E. Dannenberg The U.S. Court of Appeals for the Second Circuit vacated the federal criminal civil rights sentences of the Nassau …
BOP Disciplinary Habeas Requires Exhaustion by The Second Circuit Court of Appeals has ruled that a federal prisoner who files a habeas corpus petition under 28 U.S.C. § 2241 must first exhaust all available administrative remedies, and further held that a prisoner procedurally defaulting on those remedies may be excused …
$147,000 Paid for 3-1/2 Hour Overdetention and Strip Search of Mistaken Arrestee by John E Dannenberg The Eighth Circuit Court of Appeals upheld a jury verdict of $100,000 against the Little Rock, Arkansas police when, after a judge ordered the release of a mistakenly arrested woman, they failed to promptly …
Article • April 15, 2002 • from PLN April, 2002
Defendants Denied Summary Judgment in Wrongful Incarceration Suit by Defendants Denied Summary Judgment In Wrongful Incarceration Suit An Indiana federal district court has partially denied summary judgment and the qualified immunity defense to defendants at the Allen County (Indiana) Jail in a case involving wrongful imprisonment. Shakidi Johnson was arrested …
Article • March 15, 2002 • from PLN March, 2002
Recent Significant Decisions by Reaves, Jr, Walter M by Walter M .Reaves, Jr. The following is a summary of some of the more significant recent decisions on issues important to prisoners. Search and Seizure InUnited States v. Osage, 235 F. 3d 518 (10th Cir. 2000), the Court addressed the scope …
Article • March 15, 2002 • from PLN March, 2002
Qualified Immunity Upheld for Probation Officer in HIV Privacy Action by The Court of Appeals for the Tenth Circuit has found that there is a right to privacy in non-disclosure of HIV status by government employees but granted qualified immunity to a probation officer since the law was not clearly …
Article • March 15, 2002 • from PLN March, 2002
Pennsylvania's Released Felons Granted Right to Register to Vote by An intermediate court of appeals in Pennsylvania struck down a voter registration law that prohibited convicted felons from voting for 5 years after their release from prison. Lorenzo Mixon and five present and former prisoners filed a lawsuit challenging Pennsylvania …
New Retaliation Standard Defined by In a case of first impression, the Court of Appeals for the Third Circuit has defined a prisoner's burden of proof in a retaliation claim. Prisoner Henry Rauser sued Pennsylvania Department of Corrections (PDOC) officials after they retaliated against him for exercising his right to …
$3.54 Million Paid For Falsely Imprisoning Unconvicted Mentally-Incapacitated California Man For Two Years In New York by John E Dannenberg A mentally incapacitated misdemeanant detainee at the Los Angeles County, California, jail was unlawfully extradited to New York, where he was imprisoned for two years in the Green Haven Correctional …
Article • February 15, 2002 • from PLN February, 2002
Section 1983 Civil Rights Claims Not Barred by Kansas Tort Remedies by The Kansas Court of Appeals held that the existence of adequate state tort remedies did not bar claims under 42 U.S.C. § 1983, and that the limitation period for § 1983 claims is two years. Kansas prisoner James …
Los Angeles Sheriff's Over-Detention Policy Renders County Liable Under 42 U.S.C. Section 1983 by John E Dannenberg The Ninth Circuit U.S. Court of Appeals held that Los Angeles County Jail prisoners who were kept beyond their release dates for the purpose of awaiting the completion of records searches for any …
Balisok Bars Privacy Act Claim by The U.S. Court of Appeals for the District of Columbia has held that a prisoner must succeed on habeas corpus before suing under the Privacy Act (PA), 5 U.S.C. § 552(a), if the suit would undermine a disciplinary change against the prisoner if successful. …
Indiana Creates Liberty Interest in Good Time Credits by The Court of Appeals for the Seventh circuit held that Indiana prisoners have a state created liberty interest in their good time credits, and the rate of earning such credits, requiring due process before the credits or classification could be changed. …
Article • February 15, 2002 • from PLN February, 2002
Washington Department of Corrections' Address Requirement Illegal by The Washington Court of Appeals has held that the Washington Department of Corrections (DOC) lacks statutory authority to require a prisoner to obtain a preapproved residence location and living arrangement prior to release unless that condition was imposed by the sentencing court. …
Article • February 15, 2002 • from PLN February, 2002
Denial of Habeas Corpus Parole Challenge Reversed by The Third Circuit Court of Appeals has reversed the denial of a habeas corpus petition which challenged the federal Parole Commission's denial of parole with a 15_year setback. The Court, however, did not order a new hearing but only that the Parole …
Article • February 15, 2002 • from PLN February, 2002
Parole Revoked for Refusing Medication by The Eighth Circuit Court of Appeals has held that parole can be revoked if the parolee refuses medication as part of an agreed mental health treatment plan. Randy Closs, who has a long-term diagnosis of schizophrenia, was granted conditional parole from the South Dakota …
Texas Gives $2 Million to Proselytizing Prison Program by by Matthew T. Clarke The Texas Legislature appropriated an additional $1.5 million to expand the Interchange Freedom Initiative (IFI) to include prisoners who expect to be paroled to the DallasFort Worth area. Sponsored by Prison Fellowship Ministries, an organization founded by …
Washington DOC Suffers Yet Another Multi-Million Dollar Negligent Supervision Settlement by Lonnie Burton On May 16, 2001, the State of Washington and King County agreed to pay $5.5 million to the family of a man stabbed to death by a mentally ill man who was mistakenly released from the King …
Article • January 15, 2002 • from PLN January, 2002
ALEC in the House: Corporate Bias in Criminal Justice Legislation by Brigette Sarabi The past twenty years have marked a dramatic shift to more harsh criminal justice policies. While it is common knowledge that politicians beat the "tough on crime" drum to win elections, one has to wonder where they …
Article • January 15, 2002 • from PLN January, 2002
Escapes Are Violent Crimes Under U.S. Sentencing Guidelines by Escapes are Violent Crimes Under U.S. Sentencing Guidelines The Court of Appeals for the Eighth Circuit held that prison and jail escapes are considered "crimes of violence" for purposes of the U.S. Sentencing Guidelines (USSG). Larry Nation was convicted in federal …
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