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Article • May 15, 2009
Filed under: News, State Legislation
Texas: 40% of Criminal Jurisprudence Bills Boost Criminal Penalties by Scott Henson 40% of Criminal Jurisprudence bills boost criminal penalties As has probably been the case every legislative session in living memory, bills boosting criminal penalties account for a lion's share of legislation coming out of the Texas House Criminal …
Texas Increasingly out of Step on Death Penalty by David C Fathi By David Fathi Copyright 2009 Houston Chronicle May 23, 2009, 3:44PM Barring unexpected events, in the next few weeks Gov. Rick Perry of Texas will oversee his 200th execution since taking office in 2000. Perry has already allowed …
Due Process Required Before Imposition of Sex Offender Parole Conditions by On June 20, 2008, a Texas federal court held that a parolee’s right to receive due process before onerous sex offender conditions were imposed was clearly established in the Fifth Circuit. Ray Curtis Graham, a Texas state parolee, was …
Article • May 15, 2009
First Circuit Holds $177,729.96 Award for Attorney Fees and Expenses Not Excessive by On April 24, 2008, five Massachusetts jail guards were awarded more than $17,000 in compensatory damages and over $175,000 in attorney's fees and expenses to be paid by Bristol County, Massa¬chusetts Sheriff Thomas Hodgson. Hodgson had accused …
Fourth Circuit Reinstates South Carolina Jail Conditions Suit by On June 20, 1991, the Fourth Circuit Court of Appeals reinstated a South Carolina prisoner's challenge to conditions of confinement at the Lexington County Jail. Leonard Archie Smith, a former South Caroline pre-trial detainee, filed a pro se civil rights action …
Indeterminate Commitment Order Reversed on Appeal by On March 15, 2007, a California superior court erroneously granted a motion requesting the involuntary commitment of David Litmon, Jr. for an indeterminate length of time. The State filed the motion under the terms of Proposition 83, which went into effect in 2006 …
"Institutionalization" Fails as Criminal Defense at Trial and on Appeal by On May 14, 2008, a California court of appeals upheld the conviction of a man who said he committed an inept bank robbery because he wanted to return to prison. Horace Bordelon, a California state prisoner, spent seven years …
Quadriplegic Man Wins Judgment Against Pasadena by A California jury ordered the City of Pasadena to pay just under $79,000 to a quadriplegic man for failing to train its police in the proper handling of quadriplegics. Cornell Greathouse filed suit against the City alleging a laundry list of mistreatments at …
Article • May 15, 2009
Filed under: Media, TV/Movies
Restriction On Rated R and NC-17 Rated Movies Constitutional by On January 16, 2008, U.S. District Judge Patti B. Saris upheld the Massachusetts Department of Correction’s prohibition on the showing of R and NC-17 rated movies to prisoners. Anthony Gaskins, a prisoner at MCI-cedar Junction, sued the Massachusetts DOC alleging …
Rookie Cop Sues Over Forced Resignation by A former rookie Oregon police officer who was forced to resign for reporting her training officer’s egregious misconduct is suing the Portland Police Bureau (PPB). Lindsay K. Hunt realized her dream of becoming a police officer when she was hired by PPB on …
Second Circuit Holds Vienna Convention Does Not Confer Individual Rights On Foreign Nationals by On April 24, 2008, the Second Circuit affirmed a New York district court's decision to dismiss a $1 million complaint filed by a Dominican foreign national, Ricardo A. De Los Santos Mora. The complaint stems from …
Summary Judgment Denied For Arkansas Officials Accused of Excessive Force and Deliberate Indifference by Harry Barnes, U.S. District Judge, has denied summary judgment to a group of Arkansas officials accused of using excessive force and exhibiting deliberate indifference toward serious medical needs in the arrest of an individual. Harry Hill, …
Summary Judgment Denied To United States In FTCA Suit Alleging Sexual Assault By BOP Staff Member by U.S. District Judge Petrese B. Tucker has denied summary judgment to the United States in a Federal Tort Claims Act (FTCA) suit alleging sexual assault by a former BOP staff member. Kimberley Yates, …
Tenth Circuit Reverses Dismissal of Suit for Failure to Prove Exhaustion of Administrative Remedies by On February 5, 2008, the U.S. Court of Appeals for the Tenth Circuit reversed the dismissal of a suit against Corrections Corporation of America (CCA) for failure to prove exhaustion of administrative remedies. Wesley Purkey, …
Article • May 15, 2009
Terminal Incarceration by The short, sad lives of some detainees facing relatively minor charges end in jail. Here are three such cases. By Rob Jordan As she laid her head on her big sister's chest and listened to the heartbeats slow, Harolyn Frazier thought of opportunities lost. In the wake …
Article • May 15, 2009
Texas Court of Appeals: No Relief Compelling Court to Rule Absent Evidence Motion Was Brought to Court's Attention by On June 5, 2008, a Texas court of appeals held that a prisoner was not entitled to mandamus relief compelling a trial court to rule on a motion because he failed …
Tobacco Companies Cannot Be Sued Under Section 1983; NJSFA Does Not Create Private Cause of Action by A New Jersey federal court dismissed a state prisoner’s suit against several tobacco companies for injuries from second-hand smoke inhalation. New Jersey prisoner James Hemphill sued Philip Morris USA, R.J. Reynolds Tobacco Co., …
Article • May 15, 2009 • from PLN May, 2009
Filed under: Medical, Medication, Hepatitis
Study Shows Treating HCV in Prisons with Pegylated Interferon Is Cost-Effective by Matthew Clarke Study Shows Treating HCV in Prisons with Pegylated Interferon Is Cost-Effective by Matt Clarke A new study published in the November 2008 issue of the medical journal Hepatology found that treating hepatitis C-infected prisoners with the …
Article • May 15, 2009 • from PLN May, 2009
Washington DOC Agrees to Pay $850,000 to Family of Victim Killed by Drunk Driver Under Community Supervision by On April 16, 2008, the Washington Department of Corrections (DOC) settled a lawsuit brought by the family of a woman killed by a drunk driver under DOC community supervision for $850,000. Charles …
Criminal Defense Attorney Helps “Sting” His Own Clients by Jimmy Franks On January 23, 2009, Chevaliee Robinson was sentenced to 15 years by a U.S. District Court in Ohio after pleading guilty to drug conspiracy and money laundering charges. Robinson’s arrest was one of 30 made by federal agents in …
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