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Article • May 15, 2009 • from PLN May, 2009
Federal Supervised Release Must be Credited for Time Served on Prior Revocations by Federal Supervised Release Must be Credited for Time Served on Prior Revocations The Eleventh Circuit Court of Appeals held that the maximum allowable period of federal supervised release following multiple revocations must be reduced by the aggregate …
Article • May 15, 2009 • from PLN May, 2009
Eighth Circuit: Missouri Prisoner Has Right to Elective Abortion by The Eighth Circuit U.S. Court of Appeals has held that the Missouri Department of Corrections’ (MDOC) blanket policy of prohibiting the transport of female prisoners to outside medical facilities for elective, non-therapeutic abortions violated the Fourteenth Amendment. An anonymous MDOC …
Article • May 15, 2009 • from PLN May, 2009
South Dakota Jail Prisoner Awarded $1.1 Million for Rape by Guard by South Dakota Jail Prisoner Awarded $1.1 Million for Rape by Guard A South Dakota federal jury awarded a former female pretrial detainee $1.1 million in damages for being raped by a guard at the Pennington County Jail. The …
Article • May 15, 2009 • from PLN May, 2009
Executioner Banned in Missouri but Available for Hire Elsewhere by John Dannenberg by John E. Dannenberg A former Missouri prison doctor and participant in lethal injections, who was banned from performing executions in that state, is still for hire to conduct executions in other jurisdictions. With over 40 death sentences …
Article • May 15, 2009
Filed under: Employee Litigation, Police
Massachusetts Federal Jury Awards Ex-Police Chief $770,000 for Military Employment Discrimination by On June 18, 2008, a federal jury awarded former Winohendon, Massachusetts Police Chief Robert N. Harrington, Jr. $770,000 in a federal lawsuit that alleged the town and Town Manager James M. Kreidler, Jr. discriminated against him because he …
Article • May 15, 2009
Michigan Sex Offender Registration Act Does not Apply to Bestiality Conviction by After pleading no contest to committing an "abominable and detestable crime against nature" with a sheep, Jeffrey Haynes was sentenced as a habitual criminal in a Michigan court to 2½ to 20 years behind bars. The trial court …
Mississippi Woman Awarded $75,000 for Wrongful Incarceration Due to Court Clerk Error by On October 19, 2005, a federal jury in Mississippi awarded Michelle Hobbs $75,000 after she was wrongfully detained for 4 hours based on an arrest warrant mistakenly issued by a court clerk. Hobbs's initial arrest occurred in …
Article • May 15, 2009
Missouri DOC Ordered to Pay Ex-Prisoner $10,600 for Wrongful Imprisonment by On May 20, 2005, a federal jury in Eastern Missouri awarded ex-prisoner, Daryl Davis, $10,600 after corrections officials in that State failed to release him for almost 60 days after his court-ordered release. Convicted of theft in St. Louis …
Article • May 15, 2009
New York Jury Dismisses Secondhand Smoke Claim by On May 9, 2008, a New York jury unanimously ruled in favor of the City in a claim filed in 2001 by 78-year-old Raymond Marques, known as "Spanish Raymond" in his heyday as the alleged chief of the Spanish Harlem numbers racket …
Ninth Circuit Reverses §1915 Dismissal of Retaliation Claim by The Ninth Circuit Court of Appeals reversed a lower court’s dismissal of a prisoner’s retaliation claim for failure to state a claim under 28 USC sec. 1915(e). Nevada prisoner Russell Cohen sued prison officials in federal court, alleging that they “retaliated …
Article • May 15, 2009
Oregon Cops Outraged by Excessive Force Reforms by Following several high-profile, controversial incidents, the Portland Police Bureau (PPB) is “cracking down” on high excessive-to-arrest ratios, and officers are outraged. In the wake of a fatal 2003 police shooting, the PPB began collecting officer use-of-force data in the summer of 2004, …
Personal Restraint Petition Remanded to DOC in Washington State by On October 27, 2008, a Washington State Court of Appeals filed an unpublished opinion in the matter of a personal restraint petition filed by prisoner Toby Joseph Masse challenging punishment imposed pursuant to a prison disciplinary hearing. Having received a …
Article • May 15, 2009
Plaintiffs Prevail in Objections to Taxed Bill of Costs by Following their arrest, conviction and imprisonment in 2002, Plaintiffs Kimberly Sykes and Tevya Urquhart, had the convictions overturned on appeal in 2004. Each woman then filed suit against various police officers in 2005 pursuant to 42 U.S.C. sec. 1983 alleging …
Prison Guard wins $18,000 in Discrimination Suit Against DOC by An African-American prison guard at Wisconsin's Jackson Correctional Facility filed suit against the DOC and two prison officials under Title VII of the Civil Rights Act of 1964. The plaintiff, Sergeant Davis, had recently been demoted after a hearing regarding …
$2,000 Settlement in Seattle Jail Illegal Strip Search by Washington State’s King County Jail paid $2,000 to Zachary Lyons, who asserted that after being arrested during the November 30, 2000 “WTO” anniversary demonstrations, he was forced to remove his clothing in a common area of the jail without being afforded …
$150,000 Settlement in Wrongful Death Suit Against Kitsap County Jail by Washington State’s Kitsap County Jail paid $150,000 to settle the claim of the estate of David Franklin, who committed suicide at the jail on August 21, 2000. The claim asserts the jail failed to properly treat Franklin or properly …
Thurston County Settles Jail Guard Murder Suit for $120,000 by Washington State’s Thurston County settled a lawsuit claiming it was responsible for a jail guard killing his wife with his service weapon for $120,000. The suit was brought by the guard’s two children. While off-duty on paid administrative leave on …
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 …
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