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§1915 "Three Strikes" Rule Precluding In Forma Pauperis Filing Not Unconstitutional by New York State pro se prisoner Wilfredo Polanco petitioned for leave to proceed in form pauperis (IFP) and for appointment of counsel to appeal the denial of IFP status in a lawsuit against the state's Department of Correctional …
California Act Requires Three Drug Abuse Violations Before Parole, Probation Revocation by California State prisoner Barry Hazle appealed his probation revocation for drug abuse violations that sent him to prison. His third revocation petition alleged violations occurring prior to his second. The court reversed the incarceration ruling. Hazle pled guilty …
Article • January 15, 2009
New York Ex Parolee's Discharge Reversed For Restitution Determination by Sullivan County (New York) District Attorney Stephen Lungen petitioned to vacate and reverse the State Division of Parole's (DOP) discharge of ex parolee Kera Peters. An increased restitution order was inadvertently not applied and her discharge precluded its payment. The …
Residence Restriction On Federal Prisoner's Supervised Release Deemed Necessary by Federal Prisoner and American Indian Sheldon Alexander appealed a supervised release condition requiring him to reside in Grand Rapids, Michigan. It was implemented to isolate him from past influences and was ruled necessary to protect the public. Alexander's confessed alcohol …
Article • January 15, 2009
Seized Nebraska Evidence Ordered Returned After Charges Dismissed by Nebraska State pro se prisoner Timothy Agee appealed the denial of a motion to order the County Sheriff to return his seized property after his theft charge was dismissed. The denial was reversed. Agee was charged separately in 2004 with theft …
Article • January 15, 2009
Federal Court Orders California Parole Board to Set Lifer’s Term; Reversed on Appeal by by Marvin Mentor The U.S. District Court for the Northern District of California ordered the state Board of Parole Hearings (BPH) to fix a term within 30 days for a second-degree murderer who had been denied …
Article • January 15, 2009
Texas Guards Not Immune from Theft Liability Act Claim by On July 12, 2007, a Texas Court of Appeals held that sovereign immunity does not prevent a Texas state prisoner from suing prison guards in their individual capacities for confiscating and destroying his property, in a claim brought under the …
Untreated Diabetic Los Angeles Jail Detainee May Sue for Failure to Provide Medical Care by by John E. Dannenberg The California Court of Appeal, Second District, has held that a diabetic Los Angeles jail detainee who was denied medical care for over 24 hours could sue the Los Angeles Sheriff’s …
Administrative Exhaustion “Yardstick” Under PLRA is Prison Grievance Procedures by by David Reutter The Third Circuit U.S. Court of Appeals has held in an unpublished ruling that the determination as to whether a prisoner has “properly” exhausted a claim is based on an evaluation of the prisoner’s compliance with institutional …
Article • January 15, 2009
California Appellate Court Affirms Parole for Lifer Over Governor’s Objection by by John E. Dannenberg The California Court of Appeal, Second District, Division 6, affirmed a superior court’s ruling that had overturned Governor Arnold Schwarzenegger’s reversal of a favorable parole decision for a second-degree murderer. Applying an “especially close scrutiny” …
Dallas County Liable for Placing Suicidal Prisoner in Cell with Corded Phone by by Matt Clarke A Texas Court of Appeals has held that the state district court correctly denied Dallas County’s jurisdictional challenge and no-evidence motion for summary judgment in a suit involving the placement of a suicidal prisoner …
Article • January 15, 2009
Delaware Prisoner’s Medical Claim Reinstated by by David M. Reutter The Delaware Supreme Court has reversed a New Castle County Superior Court’s summary dismissal of a prisoner’s lawsuit raising medical negligence and constitutional claims, which alleged prison authorities had failed to treat his serious medical needs. Delaware Correctional Center (DCC) …
Article • January 15, 2009
Denial of Counsel in Civil Case Prejudicial; Court Outlines Standard for Appointment by by David M. Reutter In an en banc decision, the Seventh Circuit U.S. Court of Appeals set standards for a district court to consider when a pro se litigant in a civil case requests appointment of counsel. …
Article • January 15, 2009
Filed under: Medical, HIV/AIDS
Florida’s Impact Rule Exception Exists for Negligent Disclosure of HIV Test by by David M. Reutter Florida’s Supreme Court has held that a laboratory or health service provider has a duty to maintain the confidentiality of an HIV test, and that the state’s “impact rule” does not bar a cause …
Substandard Pretrial Confinement Conditions Justify Downward Sentence Variance by by David M. Reutter A New Jersey federal district court has granted a downward variance to a federal prisoner’s sentence on the grounds that to do otherwise, when considering the pretrial conditions of confinement, would constitute excessive punishment. The court’s ruling …
Prisoner Transferred Under ICC May Sue Under Diversity Jurisdiction by On April 24, 2006, the Tenth Circuit Court of Appeals held that a prisoner who had been transferred from Florida to Kansas may remain a citizen of Florida and still sue Kansas prison officials in federal court for violations of …
Article • January 15, 2009
Illegal Alien Not Required to Submit Dual Parole Plans in California by California's First District Court of Appeals has held that a prisoner is not required to prepare a parole plan for both California and a country he will be deported to if there is a conclusive presumption that he …
California: Arrestee Not Guilty of “Bringing” Drugs into Jail by by John E. Dannenberg The California Court of Appeal has reversed the conviction of a Kings County man who was convicted of “bringing drugs into a jail” in violation of Penal Code § 4573, when the act of “bringing” was …
Article • January 15, 2009
Oregon DNA Law Not Unreasonable Search and Seizure by Oregon’s highest court has held that the state’s DNA law does not violate state or federal constitutional prohibitions against unreasonable searches and seizures. In 2003, Travis Sanders was convicted of a felony and sentenced to an 18-month term of probation. Pursuant …
Un-Mirandized Oregon Prison Disciplinary Statements Suppressed; Syringe is a “Weapon” Under Oregon Law by The Oregon Court of Appeals has held that incriminating statements in prison disciplinary hearings cannot be used against prisoners in subsequent criminal proceedings if Miranda warnings are not given. In September 2003, a prisoner was murdered …
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