PLN Files Federal Lawsuit Over Censorship at Virginia Jail by On July 30, 2013, Prison Legal News filed a lawsuit in federal court against Virginia Beach Sheriff Kenneth Stolle and other sheriff’s office officials due to the censorship of books, magazines and correspondence mailed to prisoners at the Virginia Beach …
PLRA Administrative Exhaustion an Affirmative Defense by The U.S. Court of Appeals for the Fourth Circuit (4th Circuit) has reversed a District Court dismissal of a prisoner civil rights action for not showing that available administrative remedies were exhausted before suit was filed. In 1999, Rodney Anderson began serving time …
Fourth Circuit: Sex Offender Registration Not "Custody" for Section 2254 Jurisdiction by Fourth Circuit: Sex Offender Registration Not "Custody" for Section 2254 Jurisdiction On August 15, 2012, the Fourth Circuit held that sex offender registration requirements do not amount to being "in custody" for purposes of invoking federal habeas corpus …
Prison Legal News v. Sheriff Ken Stolle, Virginia Beach, Complaint 2013 Case 2:13-cv-00424-MSD-DEM Document 1 Filed 07/30/13 Page 1 of 8 PageID# 1 FILED UNITED STATES DISTRICT COURT JUL 3 0 2013 ^ FOR THE EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION C! I RK, U S. DIS7RIC1 COURT MORI OLK, …
Fourth Circuit Reverses Dismissal of Case Challenging Virginia DOC Grooming Policy by Retired Supreme Court Justice Sandra Day O'Connor joined a panel of the Fourth Circuit Court of Appeals, by designation, in finding that a district court had erred in upholding a Virginia prison grooming policy that prohibited prisoners from …
Virginia 2012 Jail Cost Report VA Compensation Board 2013 Commonwealth of Virginia COMPENSATION BOARD Report to the General Assembly Courtesy of Meherrin River Regional Jail – Alberta, Virginia FY 2012 JAIL COST REPORT ANNUAL JAIL REVENUES AND EXPENDITURES REPORT (INCLUDING CANTEEN & OTHER AUXILIARY FUNDS) November 1, 2013 PREFACE The …
Virginia's Justice System Report Justice Policy Inst. 2013 VIRGINIA’S JUSTICE SYSTEM: Expensive, Ineffective and Unfair NOVEMBER 2013 Virginia’s justice system is expensive, ineffective and inequitable. Despite some recent small progress in the areas of post‐incarceration reentry, particularly felony disenfranchisement, the state continues to suffer under misguided policies and practices of …
Plata v. Brown, VA, Depo of Black-Dennis, ACA Accreditation, 2013 KATHY BLACK-DENNIS· PLATA vs. BROWN May 21, 2013 1 ·1· · · · · · · ·UNITED STATES DISTRICT COURT ·2· · · · · ·FOR THE EASTERN DISTRICT OF VIRGINIA ·3· -----------------------------x ·4· MARCIANO PLATA,· · · · · …
Virginia Prisoner Pardoned After Accuser Admits She Lied by Everyone in Virginia's criminal justice system knew that Johnathan Christopher Montgomery was innocent of the crimes for which he’d been convicted. His accuser had recanted her testimony and admitted she lied to police about being molested by Montgomery more than a …
Ex-prisoners' Petition for Restoration of Firearm Rights Denial Reversed by On September 14, 2012, Supreme Court of Virginia considered two separately granted and briefed appeals as one because they represented the same question of law. Scott A. Gallagher and George Junior Vanover had both received orders from the governor's office …
4th Circuit: Prisoner Alleges Sufficient Facts to Establish Imminent Danger, Permitted to Proceed Despite Three Prior “Strikes” by In an unpublished per curiam opinion decided September 2006, the Fourth Circuit vacated a district court order dismissing a prisoner’s civil rights complaint pursuant to 28 U.S.C. §1915(g) on the ground that …
US Court of Appeals Reverses Federal Employee Assault Claim Against Coworker by The United States Court of Appeals for the Fourth Circuit reversed in March 2012 the sovereign immunity finding of the U.S. District Court, Eastern District of Virginia, and remanded for further proceedings the cause of contract security officer …
Virginia's FOIA Ruled to Not Violate Some Constitutional Guarantees by Derek Gilna In a case brought under 42 U.S.C. 1983, the U.S. Court of Appeals for the Fourth Circuit has ruled that the Virginia Freedom of Information Act (VFOIA), Section 2.2-3700 et seq. (2011), "does not violate the Appellants' rights …
No More Than 20 Percent Can Be Deducted To Pay Filing Fees by Brandon Sample The provision of the Prison Litigation Reform Act (PLRA) authorizing monthly deductions from a prisoner’s account to satisfy the filing fee in a civil case does not permit prison officials to deduct more than 20 …
City Council Candidate Pays Juvenile Program for Campaign Work by A Virginia juvenile prison teacher agreed to pay the state for the services of youths in creating advertising materials for his city council campaign following scrutiny of his campaign contribution report. Virginia officials looked to restrict Virginia’s Youth Industries job-training …
Pre-SORNA Offenders Not Required to Register Until Attorney General’s Regulations Issued by Brandon Sample On March 13, 2009, the U.S. Court of Appeals for the Fourth Circuit joined in a growing circuit split over the applicability of the Sex Offender Registration and Notification Act (SORNA) to offenders who failed to …
Excessive Force Claim Against Virginia Jail Settled by DaVon Bell has settled a federal lawsuit in which he claimed that he was subjected to excessive force by guards at Virginia’s Roanoke City Jail. Terms of the settlement were not disclosed. Bell, who was 20 years old when he was taken …
Virginia Considers Privatizing State’s Civil Commitment Center by Joe Watson A November 2011 standoff between police and two sex offenders threatening suicide at the Virginia Center for Behavioral Rehabilitation (VCBR), the state’s civil commitment facility near Richmond, raised concerns about the safety and treatment of residents held at the center. …
Virginia Prison Policy Prohibiting Secular, Non-Religious CDs Held Unconstitutional by On February 7, 2012, a U.S. District Court held that a Virginia Department of Corrections (VDOC) policy prohibiting prisoners from purchasing or possessing secular spoken-word compact discs was unconstitutional. The court invalidated the policy but also granted qualified immunity to …
Garcia v. Daniel, VA, Motion in Limine, Excessive Force Elbow Strike, 2012 Case 1:11-cv-01226-LO-TCB Document 119 Filed 10/31/12 Page 1 of 34 PageID# 1002 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA (Alexandria Division) CARLOS GARCIA, Plaintiff, v. TERRY DANIEL, Defendant. ) ) ) ) ) Case# l-11-cv-1226 (LOffCB) ) …
