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Article • August 15, 2008
County Prosecutor, Juvenile Court Manager's E-mails Ordered Disclosed Regarding Court's Dissolution by The Cowles Publishing Company (CPC) appealed an Idaho state district court’s ruling for non-disclosure of a settlement agreement regarding the dissolution of the Kootenai County Juvenile Education Training Court (JETC). Former JETC manager Marina Kalani appealed the same …
Federal Prison Guard Suspended Indefinitely for Active Duty Assault in Iraq by Former Metropolitan Detention Center (New York) federal prison guard Gary Pittman sought review of a 2006 Merit Systems Protection Board's (Board) affirmation of his release from federal employment upon return from active military duty in Iraq. He alleged …
Article • August 15, 2008
Delaware Sex Offender Acquitted on School Loitering Conviction; Probation Violation Upheld by Delaware registered sex offender William Dahl appealed a 2006 conviction for loitering within 500 feet of a school; as a result of the conviction he had received a 20-year sentence. Because the shopping mall located dance academy that …
Article • August 15, 2008
Habeas Release Granted to Immigration Detainee After 3 Year Wait for Removal Proceedings by Morocco citizen Mourad Madrane petitioned pro se for a writ of habeas corpus to end his prolonged detention while awaiting deportation proceedings following his aggravated felony convictions for various access device fraud charges. The writ was …
Wisconsin Pretrial Detainee's Free Speech Complaint Proceeds Over Denial of Books by Alfred Riley, a Wisconsin state detainee patient at the Sand Ridge Secure Treatment Center (SRSTC), a sex offender civil commitment facility, filed a lawsuit against the State, SRSTC and various other entities alleging federal and state law violations. …
Article • August 15, 2008
Guard Aided Escape Results in Murder, Rape and Texas Federal Prisoner's Death Sentence by Federal prisoner Sherman Fields filed a direct appeal of his convictions and death sentence for murder and rape following his armed escape from the privately-operated McClennan County Detention Center (MCDC) in Waco, Texas. His convictions and …
Article • August 15, 2008
Judicial Evaluation Required Before Granting Ohio Felons’ Records Requests by Ohio federal prisoner Dennis Evans sought a writ of mandamus in state court to obtain records maintained by the Public Safety Department / Division of Police. The request, made under the Ohio Public Records Act, was denied for procedural inadequacy. …
Article • August 15, 2008
Out of Court Statements Refuting Testimony, Not Proclaiming Guilt or Innocence, Admissible by Delaware state prisoner Jamil Edwards appealed his convictions for first degree murder and possession of a firearm during the commission of a felony. He claimed judicial abuse of discretion for disallowing refuting testimony. His convictions were overturned. …
Article • August 15, 2008
Collecting Reasonable Fees from Kansas Prisoners for Government Reimbursement Not Unconstitutional by Kansas state prisoner Michael Taylor appealed the dismissal of his 42 U.S.C. § 1983 action alleging various constitutional violations for the deduction of supervision fees from his prison account. The dismissal of his suit was affirmed. Taylor was …
Article • August 15, 2008
Damages Awarded to Two New Mexico Jr. High Students After Excessive Strip Search by New Mexico Jr. High students Crystal Kennedy and Randy Ford challenged the appellate reversal of damages they were awarded in a 42 U.S.C. § 1983 suit against Dexter Consolidated Schools (DCS) and individual school officials. The …
Article • August 15, 2008
Colorado Appellate Court Condones Forcing Indigent Prisoners' Exposure to West Nile Virus by Colorado state prisoners Stephen Glover, Alan Smith and Michael Freeman (plaintiffs) appealed the dismissal of their pro se complaint against the State, the Department of Corrections (DOC) and former DOC director Joseph Ortiz (defendants). The complaint alleged …
Article • August 15, 2008
Jail Phone Wiretapping Exempt from California Invasion of Privacy Act, FCA by California state prisoner David Windham appealed the refusal of a court to suppress jail telephone recordings used in obtaining his conviction. The appellate court affirmed the judgment due to statutory allowances, and because Windham’s consent was implied as …
Article • August 15, 2008
Tenth Circuit Upholds Colorado DOC's Confiscation of Books, Legal Documents by Colorado state prisoner Wendel Wardell, Jr. appealed the dismissal of his pro se 42 U.S.C. § 1983 action filed against the Colorado Department of Corrections (CDOC) after Fremont Correctional Facility personnel confiscated reading materials mailed to him from an …
Ex Washington DOC Guard's $101,000 Jury Award for Termination Reversed Due to Insufficient Evidence by The Washington Department of Corrections (DOC) appealed a 2005 judgment in favor of former employee Sandra Harris. Harris had sued claiming gender and disability discrimination, retaliation and outrage following her job termination. The jury verdict …
Article • August 15, 2008
Washington State Prisoner Gets Life for Fight Resulting in Broken Nose by Washington State prisoner Charles Weber appealed his 2005 conviction for second degree assault resulting in a sentence of life without the possibility of parole. Although his attorney admitted to providing ineffective assistance, the court affirmed the judgment. Weber …
Article • August 15, 2008
IL Prisoner Refuses to Pursue Futile Grievance Procedure, Still Satisfies Exhaustion Requirement by Nedrick J. Hardy, an Illinois state prisoner, claimed he was denied medical attention for a broken hand for several months. He filed numerous grievances which prison staff ignored. After several months he filed suit in federal district …
Article • August 15, 2008
IL Prisoner’s Appeal of Prison Disciplinary Proceeding Dismissed as Unbelievable by Kenneth R. Dye, an Illinois state prisoner, appealed in state court the outcome of his prison disciplinary proceeding. He argued that he wasn’t served with notice of the charges against him or allowed to attend the hearing. His institutional …
Article • August 15, 2008
Illinois Seizes Prisoner’s Life Insurance Inheritance by Leonce J. Ruckman, an Illinois state prisoner who had been incarcerated since 1988, received the benefits of his mother’s life insurance policy after she died. He used some of the proceeds to purchase a MetLife annuity with a cash value of $32,178.22. When …
Article • August 15, 2008
Job Reallocation of Washington DOC Employee Deemed Age Neutral by Washington State’s Court of Appeals, Division I, has affirmed a trial court’s grant of summary judgment in favor of the Department of Corrections (DOC) in a lawsuit alleging employee age discrimination. Nineteen-year DOC veteran Mary Mckee contended her reassignment to …
$1 Million Awarded to Innocent Victim of Police Dog Attack by Washington state resident Ken Rogers was awarded $1.05 million by a federal jury after a police dog attacked him while sleeping on July 13, 2003. Kennewick city police were chasing a suspect utilizing a K 9 police dog. The …
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