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Article • April 15, 2009
Florida Supreme Court Rules Secondary Public Defenders Office Constitutional by The Supreme Court of Florida has ruled constitutional the creation of a back-up to the public defenders office. The Florida Association of Criminal Defense Lawyers, Inc. filed suit, alleging that the state had violated article V, section 18 of the …
Article • April 15, 2009
Florida Legislature Proposes Automatic Restoration of Felons’ Civil Rights by David Reutter by David M. Reutter “I believe in personal redemption, that people can learn from their mistakes, and that people who take those lessons to heart and apply them to their lives deserve a second chance," proclaims Florida Governor …
Article • April 15, 2009
Time Spent in Civil Commitment Detention Credited Toward Criminal Sentence by Florida’s Fourth District Court of Appeal has held that there is no meaningful distinction between incarceration in prison or jail and confinement in a sex offender civil commitment facility, for the purposes of sentence calculation. The Court’s ruling came …
Guards Presence Not Necessary During Deposition in Georgia by A Georgia federal district court has held that refusal to participate in a deposition is not sufficient to warrant dismissal. This case was filed by prisoner Stanley Farley for a retaliatory beating by guards at Georgia State Prison. He was beaten …
Hard Evidence of US Military Torturing Prisoners to Death Ignored by Corporate Media by By Peter Phillips Military autopsy reports provide indisputable proof that detainees are being tortured to death while in US military custody. Yet the US corporate media are covering it with the seriousness of a garage sale …
Nebraska Muslim Prisoner Wins Religious Concessions by John E Dannenberg A high-security Muslim prisoner at the Tecumseh State Correctional Institution (TSCI) sued prison officials for violating basic tenets of his religion by allegedly restricting religious practices “dictated” by his beliefs. He claimed he needed daily showers, a kosher diet, and …
Article • April 15, 2009
Ninth Circuit: California Governor’s Reversal Of Lifer’s Parole Violates Due Process Absent Some Evidence Of Current Dangerousness; Rehearing En Banc Granted by In a major victory for California lifers, the Ninth Circuit U.S. Court of Appeals held that a second-degree murderer who had done 27 years on a 15-life sentence …
Article • April 15, 2009
BOP Agrees To Provide Prisoner with BOPDOCS Disc by On August 24, 2007, the Bureau of Prisons (BOP) settled a portion of a lawsuit brought under the Freedom of Information Act (FOIA) by a federal prisoner for a copy of its BOPDOCS disc. Brandon Sample, a federal prisoner and PLN …
City Agrees to Pay $2,500,000 to Private Prison Company by On April 16, 2001, the City of Delta Junction, Alaska agreed to settle a suit brought by prison officials over a failed attempt to construct a private prison at Fort Greely, Alaska. After Fort Greely was slated for closing by …
Article • April 15, 2009
Court Orders BOP to Recalculate Prisoner’s Good Time by On January 10, 2007, U.S. Magistrate Judge Janice M. Stewart granted a habeas corpus petition filed by a federal prisoner who alleged that the Bureau of Prisons (BOP) miscalculated his good conduct time (GCT). George Scott Kelly was convicted of felony …
Court Orders Disclosure of Medical Records; Reverses Itself Next Day by U.S. District Judge Gary L. Sharpe ordered the release of medical records of 30 prisoners to class counsel in a civil rights action challenging the adequacy of care provided to HIV positive New York prisoners after the prisoners objected …
Article • April 15, 2009
Connecticut Deaf Couple Receive $50,000 to Settle Pepper Spray, Excessive Force Claim by A Connecticut police department settled an excessive force claim for $50,000. This civil rights action was brought by a deaf couple who were pepper sprayed by two police officers during a domestic dispute. The couple was hearing …
Eighth Circuit Holds Failure of U.S. Parole Commission to Hold Early Termination Hearing Does Not Make Custody Illegal by The Eighth Circuit Court of Appeals has held that 18 U.S.C. sec. 4211(c)(1) creates only a right to an early parole termination hearing, not a right to release in the absence …
Article • April 15, 2009
Elderly Couple Awarded $345,000 for Excessive Force During Arrest by A jury in Missouri’s Jackson County Circuit Court has awarded an elderly couple $345,000 on a claim that Kansas City police used excessive force to arrest them. The jury only took three hours to render its May 9, 2008 verdict. …
Florida Sheriff Approves $2 Million Settlement in Death of Deputy by Florida’s Broward County Sheriff’s Office (BCSO) has agreed to a $2 million settlement in a lawsuit brought by the family of a deputy who was killed in the line of duty. That lawsuit claimed the deputy died because BCSO …
FTCA Claim Fails for Acts Committed Outside Scope of Actor’s Employment by The Eighth Circuit Court of Appeals has affirmed the dismissal of a claim brought under the Federal Tort Claims Act (FTCA), holding the action could not proceed for lack of subject matter jurisdiction because the Bureau of Indian …
False Imprisonment, False Arrest and Malicious Prosecution Claims Cognizable Under FTCA by The Eleventh Circuit Court of Appeals has held that the United States has waived sovereign immunity under the Federal Tort Claims Act (FTCA) for claims alleging false imprisonment, false arrest and malicious prosecution arising out of acts or …
Article • April 15, 2009
Homeless Michigan Man Nets $20,000 for Outrage Claim Stemming from Pepper Spray Arrest by A federal jury in Michigan awarded a mentally ill homeless man $20,000 for outrage claims involving two Mt. Clemens police officers pepper spraying him during an arrest. The arrest occurred on June 27, 2002, after Officers …
Los Angeles County Pays $850,000 in Shooting Death of Suspect by The County of Los Angeles agreed to settle for $850,000 a lawsuit that alleged police used excessive force in killing a man after a pursuit. The County denies that police acted improperly, but entered into the settlement to avoid …
Minnesota Woman Receives $310,000 for Rape by Deputy by A Minnesota woman who was raped by a Cass County Sheriff’s deputy has received $310,000 in settlements and jury verdicts. Wanda Jones was arrested on December 31, 2001 for probation violations after she became drunk at the American Legion in Walker, …
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