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Article • November 15, 2011
Open Public Records Act Plaintiff Entitled to Attorney’s Fees, New Jersey Appellate Court Holds by The Appellate Division for the Superior Court of New Jersey has reversed in part a lower court’s refusal to award attorney’s fees to a plaintiff in an New Jersey Open Public Records Act (OPRA) suit. …
Article • November 15, 2011
FOIA’s Privacy Exemptions Do Not Apply to Corporations, Supreme Court Holds by Exemption 7(c) of the Freedom of Information Act (FOIA) allows the withholding of records that “could reasonably be expected to constitute an unwarranted invasion of personal privacy,” 5 U.S.C. § 552 (b) (7) (c). The third circuit held …
Article • October 15, 2011 • from PLN October, 2011
Filed under: News, News in Brief
News In Brief: by Alaska: On June 29, 2011, a federal pretrial detainee, Sabil Mujahid, 54, was convicted of a dozen charges related to raping and threatening three other prisoners at the Anchorage Correctional Center. Mujahid was accused of preying on smaller, younger prisoners who had cognitive disabilities. He was …
Article • September 15, 2011
Washington Civil Commitment Trial Law Not Retroactive by Washington State’s Court of Appeals, Division I, has held that the Legislature’s amendment of RCW 71.09.090 did not apply retroactively, holding that amendment properly applies to prohibit new trials on commitment status for sexual predators on the sole basis of advancing age. …
Washington State’s 2005 Sexual Predator Amendment Not Retroactive by David Reutter By David Reutter Washington State’s Supreme Court has held the 2005 amendment to the state’s sexually violent predator act (SVPA) does not apply retroactively. The Court also held a trial court may not weigh evidence at a show of …
Article • September 15, 2011 • from PLN September, 2011
Filed under: News, News in Brief
News In Brief by Arizona: A Maricopa County deputy and two jail guards were arrested in May 2011 and charged with drug offenses, money laundering and human trafficking. One of the guards, Marcella Hernandez, said she was pregnant with the child of Francisco Arce-Torres, an alleged member of the Mexican …
Article • September 15, 2011 • from PLN September, 2011
Filed under: Statistics/Trends, News
Washington State Closes McNeil Island Prison by David Reutter by David M. Reutter Citing $12 million in annual savings, the Washington State Department of Corrections (WDOC) has closed the 1,200-bed McNeil Island Corrections Center. A 2009 audit, however, found there would be no actual savings because it would cost the …
New Laws Improve Job Prospects for Former Prisoners by More than 25 cities and counties have taken steps to remove unfair barriers in their employment practices relative to hiring ex-offenders, according to a resource guide produced by the National Employment Law Project. Central to this new hiring initiative has been …
Article • September 15, 2011 • from PLN September, 2011
Third Circuit Upholds Unanimity Requirement for Pennsylvania Pardon Recommendations by The Third Circuit Court of Appeals has upheld a Pennsylvania law requiring a unanimous vote on pardon and commutation recommendations. Article IV § 9(a) of Pennsylvania’s constitution authorizes the governor to commute or pardon a prisoner. Such authority is exercised …
Article • August 15, 2011 • from PLN August, 2011
Ninth Circuit Reverses Grant of Injunctive Relief in Ex Post Facto Challenge to Marsy’s Law by Michael Brodheim by Mike Brodheim The Ninth Circuit Court of Appeals has held that a district court abused its discretion in granting preliminary injunctive relief to a group of California life-term prisoners who challenged, …
U.S. Supreme Court: No Monetary Damages Against States Under RLUIPA by On April 20, 2011, the U.S. Supreme Court ruled that state sovereign immunity bars recovery of monetary damages under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc, et seq. Harvey Leroy Sossamon III, a …
Article • August 15, 2011 • from PLN August, 2011
Big Win for Open Government in Vermont Legislature: Attorney Fees Now Mandated for Prevailing Plaintiffs in Public Records Lawsuits by Allen Gilbert Vermont’s public records law will be getting a makeover thanks to a push from open government advocates, the administration of newly-elected Governor Peter Shumlin and a legislature that …
Article • August 15, 2011 • from PLN August, 2011
Filed under: News, News in Brief
News In Brief by Alabama: A prisoner’s refusal to surrender a contraband cell phone to guards led to an uprising at the Holman prison in April 2011 that was quelled by the facility’s SORT team. “The inmates did not take over the unit. What actually happened, the supervisor came on …
Article • August 15, 2011 • from PLN August, 2011
Provision in Florida Law Prohibits Compensation to Wrongfully Convicted by David Reutter by David M. Reutter A “clean hands” provision in a Florida law designed to compensate wrongfully convicted prisoners is preventing most of those prisoners from receiving compensation. Of 13 men cleared by DNA evidence in Florida, only one …
Article • July 15, 2011
California: Bringing Medical Marijuana Into Jail Is Not A Felony by John Dannenberg by John E. Dannenberg The California Court of Appeal held that because California’s 1996 voter-approved Medical Marijuana Program Act (Proposition 115) permits a citizen to possess marijuana for medical use, bringing such approved marijuana into jail could …
New York Sex Offenders’ Settlement Agreement Superseded By New Registration Law by John Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals dealt a blow to New York state sex offenders when it ruled that in spite of an earlier suit and settlement agreement constraining sex offender …
Article • July 15, 2011 • from PLN July, 2011
Filed under: News, News in Brief
News In Brief by Hawaii: On April 7, 2011, former Oahu Community Correctional Center guard Ryan Malasig, 44, wept at his sentencing hearing after pleading no contest to sexually assaulting a transgender prisoner in 2009. Malasig had forced the prisoner to perform oral sex on him; the prisoner kept a …
Article • July 15, 2011 • from PLN July, 2011
Fourth Circuit Upholds Federal Civil Commitment Statute Against Constitutional Challenge by The procedures for civil commitment of “sexually dangerous” federal offenders do not violate due process, the U.S. Court of Appeals for the Fourth Circuit held on December 6, 2010. In 2006, the United States initiated civil commitment proceedings against …
Inmate Accident Compensation Act Does Not Preclude Bivens Remedy by The Inmate Accident Compensation Act (IACA), 18 U.S.C. § 4126, does not preclude a federal prisoner from bringing a claim under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) for work-related injuries that …
U.S. Supreme Court Holds California’s Prison Overcrowding Violates Eighth Amendment, Must be Remediated by Population Reduction by John Dannenberg by John E. Dannenberg In a landmark ruling upholding provisions of the Prison Litigation Reform Act (PLRA) that permit specially convened three-judge federal court panels to order reductions in state prison …
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