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Article • May 15, 2009
Filed under: Organizing, Voting, Mandamus
14th Amendment Does not Limit Disenfranchisement to Only Felonies by California’s First District Court of Appeals has denied a petition that sought a mandate stating disenfranchisement is limited to only felonies at common law. The petition was based on section 3 of the Fourteenth Amendment of the United States Constitution, …
Article • May 15, 2009
A Final Frontier in Prisoner Litigation: Does Bivens Extend to Employees of Private Prisons Who Violate the Constitution? by Matthew Tikonoff A Final Frontier in Prisoner Litigation Does Bivens Extend to Employees of Private Prisons Who Violate the Constitution? By: Matthew W. Tikonoff Suffolk University Law Review - Volume 40, …
Article • May 15, 2009
Texas Court of Criminal Appeals: No Time Limit on Rehearing of State Habeas by On February 6, 2008, the Texas Court of Criminal Appeals (CCA) held that there was no temporal limitation on its rehearing on the court's own motion of previously-decided state habeas corpus applications. Jose Angel Moreno, a …
Article • May 15, 2009
What happened to prison education programs? by Marlene Martin by Marlene Martin What happened to prison education programs? Why have college education programs in prison--proven statistically to have a positive impact on recidivism--all but disappeared, asks Marlene Martin, national director of the Campaign to End the Death Penalty. Analysis: Marlene …
Article • May 15, 2009
Filed under: Family, Marriage
Unjustified Delay in Granting Prisoner’s Request to Marry Actionable by A 19-month delay in granting a Prisoner’s request to marry states a cognizable substantive due process claim. William Engel, a New Jersey state prisoner, submitted a request to marry on September 8, 2005, to prison officials. The marriage committee denied …
Article • May 15, 2009
Washington DOC Guard Fired For Sexually Harassing Co Workers by Ex Washington State Department of Corrections guard John Liniger appealed his dismissal for sexually harassing three female guards. The termination was affirmed. Liniger began working at the Coyote Ridge Corrections Center in 1992. He was suspended in 1998 for making …
Washington DOC Guard Sanctioned For Unnecessary Force by Washington State Department of Corrections (DOC) guard Alonzo Belen appealed a six month salary reduction for procedural and safety violations as well as use of inappropriate force. The reduction was affirmed. Belen was employed as a guard at the Washington Corrections Center …
Article • May 15, 2009
Washington DOC Guard's Pay Reduced After Bringing Loaded Weapon To Work by Washington State Department of Corrections (DOC) guard Sam Woods appealed a six month, ten percent reduction in pay for bringing a loaded weapon onto prison grounds. The reduction was affirmed. Woods became a guard at the Twin Rivers …
Article • May 15, 2009
Washington DOC Guard's Termination For Marijuana Possession Reduced To Suspension by Washington State Department of Corrections (DOC) guard Kenneth Wilson appealed his termination for lying about marijuana possession. The termination was overturned and a six month suspension without pay was implemented. Wilson worked as a recreation specialist at the Washington …
Article • May 15, 2009
Washington State DOC Guard Terminated For Sexually Assaulting Prisoner by Ex Washington State Department of Corrections guard Dondia Lenoir appealed his termination for sexually assaulting a female prisoner and failing to file a report while on home leave. His termination was affirmed for the sexual assault. Lenoir worked at the …
Workman's Compensation Apportionment Rules Do Not Apply to Former Prison Guard by In 2005, while working for the California Department of Corrections and Rehabilitation (CDCR), then prison guard James Alexander suffered work related injuries to his heart, cardio¬vascular system and left arm. Pursuant to provisions contained in California Labor Code …
Detention Retention, by Renee Feltz and Stokely Baksh / American Prospect by Renee Feltz Detention Retention President Obama has tried to split the difference between comprehensive immigration-reform advocates and law-and-order types. But for immigrants in detention, not much has changed since the Bush era. Renee Feltz and Stokely Baksh | …
Article • May 15, 2009
Writ of Mandate Granted in Child Custody Dispute by In October 2007, Orange County Social Services Agency (SSA), in California, took custody of a woman's two-year-old son following her incarceration for allegedly having sex with a minor. In January 2008, the Court ordered the SSA to prepare a case plan …
Youth Club Volunteer Wins $269,000 Judgment Against Seattle Police Officer; Court Orders $147,164 in Attorney’s Fees by In May 2008, Romelle Bradford, a youth club volunteer in Seattle, Washington, was awarded $269,000 by a federal jury for civil rights violations perpetrated by Seattle Police officer Jacob Briskey. Bradford, the 2003 …
Washington State DOC Guard Demoted For Mail Tampering And Violating Rules by Washington State Department of Corrections guard Teresa McSheery appealed her 1997 demotion for committing regulatory mail and safety violations. The demotion was affirmed. McSheery worked at the Washington Corrections Center for Women in 1989 and was the mail …
$1.25 Million Awarded to Cop for Sex Discrimination, Retaliation by On April 22, 2008, the Second Appellate District of the California Court of Appeal upheld a $1.25 million judgment for a City of Whittier police officer on retaliation and sex discrimination claims. Gina Zanone sued the City of Whittier for …
Article • May 15, 2009
$4,000 Settlement in Failure to Arraign by Washington state’s King County Jail has paid $4,000 to settle the claim of Michael Chiofar, which asserted damages for the failure of the jail to assure that he was arraigned within 72 hours of his arrest as required by Washington law. He claimed …
$15,000,000 Verdict for LA Police Officers Upheld by On July 14, 2008, the U.S. Court of Appeals for the Ninth Circuit upheld a $15,000,000 verdict for three LA police officers who suffered civil rights violations related to an improper and negligent investigation into the officers’ alleged illegal conduct. Paul Harper, …
Article • May 15, 2009
$25,000,000 Consent Judgment Entered Against Murderer by Caitlan Atwater, the daughter of a woman murdered by her husband, has obtained a $25,000,000 consent judgment. Atwater sued Michael Peterson after Kathleen Peterson, Atwater’s daughter from another marriage, was beaten to death by Peterson. The parties agreed to a consent judgment of …
$45,000 Awarded to Muslim Woman Forced to Remove Headscarf at California Jail by On October 8, 2008, the County of San Bernadino and Sheriff Gary Penrod agreed to settle a lawsuit alleging violations of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and the First Amendment. Jameelah …
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