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DC Circuit Rejects Waiver of Psychotherapist-Patient Privilege by The U.S. Court of Appeals for the District of Columbia (DC) held that a patient’s communications with his therapist were privileged and not subject to discovery. The Court found that there had been no implied or express waiver of the psychotherapist-patient privilege. …
Article • January 15, 2009
No Liberty Interest in DC Parole by The Seventh Circuit Court of Appeals held that a District of Columbia (DC) prisoner did not have a liberty interest in parole, and that his denial of parole and 36-month parole set-off were not arbitrary. In 1999, Joseph Thompson was convicted in the …
Medical Contractors Are Not State Employees Under Nebraska Law by The Eighth Circuit Court of Appeals has held that a contract medical service provider is not a state employee under Nebraska law; thus, a prisoner is not required to exhaust administrative remedies under the Nebraska State Tort Claims Act (NSTCA) …
Sixth Circuit: Second Filing Fee Not Required for Re-Filed Complaint Due to Failure to Exhaust by The Sixth Circuit Court of Appeals has reversed a Tennessee district court’s order of dismissal that erroneously considered a prison grievance procedure to be an available remedy for a prisoner’s classification-related complaint. The appellate …
Article • January 15, 2009
California Appellate Court: “No Evidence” Supported Parole Denial for Triple Murderer by by John E. Dannenberg The California Court of Appeal has granted a habeas corpus petition filed by a triple murderer who was denied parole based upon the severity of his offenses, because his 29-year prison record showed no …
Article • January 15, 2009
Eighth Circuit Reverses PLRA Three-Strikes Ruling by On June 6, 2007, the Eighth Circuit Court of Appeals reversed the dismissal of a prisoner’s 42 U.S.C. § 1983 civil rights action because the district court had incorrectly calculated that the prisoner had accumulated three strikes under the PLRA. Frank R. Owens, …
Article • January 15, 2009
Florida Lethal Injection Methods Revised by Florida State death row prisoner Ian Lightbourne challenged the State's lethal injection procedures after the improper implementation of an execution. Revisions were made to the methods used and the petition was dismissed. The duration of the "botched" execution of Angel Diaz in 2006 was …
Article • January 15, 2009
Iowa Court Holds Prison Chaplains At Taxpayer Expense Constitutional by Defendant Iowa State officials and plaintiff taxpayers appealed the provisions of an order enjoining the state from employing chaplains for prison based religious activity. The order was reversed. Taxpayers Delores Rudd and Charlotte Walker filed suit alleging that state paid …
Article • January 15, 2009
L.A. Documents Ordered Produced Regarding False Arrest And Prosecution by California State resident Raul Ramirez sought production of documents pertaining to his unlawful arrest and prosecution of a crime he was subsequently acquitted. The documents were for use in his 42 U.S.C. § 1983 action and were ordered produced with …
Article • January 15, 2009
Michigan's "Setting Aside Convictions Act" Doesn't Exempt Sex Offender Registration Requirement by Anonymous Michigan ex prisoners (Does) appealed a Sex Offender Registration Act (SORA) requirement after their convictions were set aside under the state's Setting Aside Convictions Act (SACA). The requirement was affirmed. The SACA allows for setting aside a …
New Jersey Police's Negligent Duty Performance Induces City Liability by New Jersey resident Shana Massachi, estate administratrix for Sohayla Massachi, appealed her state tort suit dismissal after inadequate police procedures allegedly resulted in Sohayla's death. The dismissal was reversed because statutory immunity does not apply to negligently preformed ministerial duties …
Article • January 15, 2009
Non Violent Felons' DNA Collection On Supervised Release Held Constitutional by Federal supervised releasee Thomas Kriesel, Jr., appealed the collection of his DNA pursuant to statutory amendments enacted after his conviction. The DNA collection was upheld. Kriesel pled guilty to methamphetamine distribution in 1999 and received 30 months incarceration and …
Article • January 15, 2009
Ruling On Represented Petitioners' Pro Se Motions Subject To Appellate Review by Texas prisoner Elmer Robinson sought review of the denial of his pro se motion for a new trial, filed while he was represented by appointed counsel. Remand was ordered to determine the nature of the denial. Robinson appealed …
Article • January 15, 2009
Third Circuit Bars § 1983 Action For Untimely Release Under Heck by Pennsylvania state ex prisoner Hozay Royal appealed the 2004 dismissal of his 42 U.S.C. § 1983 action after being released six months past his mandatory release date. The dismissal was affirmed because the action was barred under Heck …
Washington DOC Denied Qualified Immunity In Prisoner Beating by The Washington State Department of Corrections (DOC) motioned for summary judgment dismissal in a 42 U.S.C. § 1983 action brought by a state prisoner who was beaten at the Clallam Bay Corrections Center (CBCC) in 2002. The motion was granted in …
Article • January 15, 2009
Remedy for Failure to Give California Parole Violator Timely Revocation Hearing is Release from Custody by by John S. Dannenberg The California Court of Appeals has held that when a parole violator is denied a timely revocation hearing that comports with the due process protections set forth in Valdivia v. …
Article • January 15, 2009
100 Year Probation And Sex Offender Registration Stay Reversed As Erroneous by The State of Wisconsin appealed a court's reduction of the terms of sentencing imposed on Samuel Roloff after he pled to three felony and three misdemeanor charges of sexual activity with underage girls. His reduction to a 100 …
Article • January 15, 2009
No Right to Appointed Counsel In Washington Marriage Dissolution Proceeding by Washington State resident Brenda King appealed the denial of state funded counsel in a child custody based dissolution of marriage proceeding. The court affirmed the denial holding that no right to free counsel existed in a dissolution proceeding. Brenda …
Article • January 15, 2009
California Thwarts Due Process In "Medically Disordered Offender" Post Release Commitment Trial by California Mentally Disordered Offender (MDO) Roy Cobb, Jr., appealed a court order, imposed after his statutory release date, committing him to the state hospital. The order was affirmed because Cobb was put on notice prior to his …
Article • January 15, 2009
Connecticut Police, City Liable For Withholding, Doctoring Evidence In False Arrest by Connecticut resident Christopher Russo appealed the dismissal of his 42 U.S.C. § 1983 action after being falsely arrested and imprisoned for over seven months. He was acquitted after police were forced to present exculpatory evidence. The ruling was …
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