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Article • April 15, 2009
Jail Term Imposed for Non-Payment of Fine Upheld in Washington by A Washington appeals court held that the imposition of jail time for the willful non-payment of fines in violation of stipulated probation terms was within the trial court’s authority. On September 1, 2005, Jimmy Young pled guilty to one …
Lab Technician Denied Qualified Immunity In Former Prisoner’s Lawsuit by In 1984, Dennis Patrick Brown was convicted of rape and sentenced to life in prison. With the assistance of The Innocence Project, the DNA tests were repeated in 2003 and revealed Brown was innocent. Brown was released and the City …
Motion To Amend Untimely In Washington DC Civil Case by A U.S. district court in Washington, D.C. held the Plaintiffs in a civil case against U.S. Marshals may not amend the complaint to insert named Marshals in their individual capacities. On September 27, 2002, Paul Bame, Gregory Keltner and Ivan …
Article • April 15, 2009
New York Civil Case Settled in 1977 by Simply Clarifying Rule by A U.S. district court in New York allowed the New York City Police Department (NYCPD) to settle a civil case in 1977 by stipulating and clarifying the NYCPD’s policy on bystanders remaining in the area of an arrest …
Article • April 15, 2009
Proof of “Overt Act” not Required in Washington to Civilly Commit Incarcerated Sexually Violent Predator by David James Lewis challenged a Washington Court of Appeals decision that held the state was not required to prove a recent overt act during civil commitment proceedings. Lewis was convicted in 1992 of two …
Testimonial Hearsay Ruled Admissible in Florida Probation Revocation Hearings by The Supreme Court of Florida has held that testimonial hearsay is admissible in probation revocation hearings. In July 2003, Robert Sheldon Peters had his community control revoked, received a suspended 24 month prison sentence, and was placed on drug offender …
Article • April 15, 2009
$1 Million Award in Murder for Hire Plot by An Oregon jury has awarded a woman who sued her estranged husband for hiring someone to kill her $1,053,783. When Susan Kuhnhausen returned home from her job as a nurse, she was attacked by Edward Dalton Haffey. Susan received blows to …
Article • April 15, 2009
$1.5 Million Award Against Newspaper for Defaming Indiana Police Officer by An Indiana jury has ordered The Tribune Star in Terre Haute, Indiana, to pay $1.5 million to a police officer who claimed the newspaper defamed him by stories it published. The jury’s verdict on July 28, 2004, awarded Clay …
$1.35 Million Settlement in Fatal California Police Shooting by California’s Alameda County has settled a federal civil rights lawsuit that claimed police were liable for killing a bystander to a confrontation with police for $1.35 million. Officers David Taylor and Tara Russell responded to a Dublin house on August 11, …
Article • April 15, 2009
Court Rejects Challenge to Newspaper Ban in SHU by On May 9, 2008, U.S. District Judge William Griesbach rejected a challenge by a Wisconsin prisoner to a newspaper ban in the SHU. Jose Soto was placed in an administrative confinement (SHU) at the Portage, Wisconsin prison facility for rule infractions. …
Article • April 15, 2009
D.C. Circuit Rejects Government’s Narrow Interpretation of FOIA Request by On February 7, 2003, the U.S. Court of Appeals for the D.C. Circuit held that a Freedom of Information Act (FOIA) requester’s request for “all documents pertaining to” his or herself followed by a request for certain enumerated records must …
Article • April 15, 2009
Eighth Circuit Reverses Dismissal of Due Process Challenge to Continued Confinement in Administrative Segregation by On May 12, 2008, the U.S. Court of Appeals for the Eighth Circuit reversed a grant of summary judgment for Arkansas Department of Corrections (ADC) officials alleged to have denied a prisoner due process by …
Eighth Circuit Upholds SORNA Against Constitutional Challenges by On July 31, 2008, the U.S. Court of Appeals for the Eighth Circuit rejected numerous constitutional challenges to the federal Sex Offender Registration and Notification Act (SORNA). David Louis May was convicted of failing to register as a sex offender in violation …
Article • April 15, 2009
Fifth Circuit Rejects Petition for Writ of Mandamus Filed by Crime Victims by On May 7, 2008, the U.S. Court of Appeals for the Fifth Circuit denied a petition for a writ of mandamus filed by crime victims seeking to block the acceptance of a plea agreement. Family members of …
Article • April 15, 2009
Fifth Circuit Upholds Denial of Exercise for Year, Rejects Due Process Challenge to Placement in Lockdown by On March 28, 2008, the U.S. Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment to the Texas Department of Criminal Justice (TDCJ) in a suit alleging the denial …
Institutionalized Policy to Deprive Appeal of Confiscated Mail Violates Constitution by A Massachusetts federal district court denied summary judgment to prison officials who confiscated a prisoner’s mail and took actions that deprived him of his right to appeal that confiscation. The civil actions complaint was filed by MCI-Walpole prisoner Michael …
Involuntary Plea in Washington Requires Withdrawal or Strict Plea Enforcement by A state of Washington Court of Appeals has held that a defendant who enters an involuntary plea is entitled to choose his remedy of either specifically enforcing the plea agreement or withdrawing that plea. The ruling came in the …
Article • April 15, 2009
Judge Excludes Evidence of Criminal Conduct in Prisoner Civil Rights Action by U.S. District Judge John E. Steele has granted a motion in limine in a civil rights action over the adequacy of medical care provided to a prisoner whose baby died at birth. Michelle Goebert sought to exclude evidence …
Article • April 15, 2009
Methadone Treatment is Not Inconsistent with Washington’s Drug Offender Sentencing Alternative by The drug offender sentencing alternative (DOSA) of the Sentencing Reform Act may be utilized to afford offenders methadone treatment the Washington Court of Appeals held on June 9, 2008. David Anderson pled guilty to reckless burning in the …
Article • April 15, 2009 • from PLN April, 2009
Economic Crisis Prompts Prison Closures Nationwide, but Savings (and Reforms) are Elusive by David Reutter Economic Crisis Prompts Prison Closures Nationwide, but Savings (and Reforms) are Elusive by David M. Reutter With the current economic crisis adversely affecting state tax revenues, lawmakers across the nation are seeking ways to cut …
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