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Article • August 15, 2008
New Jersey DNA Act Constitutional by The New Jersey Supreme Court has held that the New Jersey DNA Database and Databank Act of 1994 is constitutional under the state and federal constitutions. It also noted that a blood sample or cheek swab constitutes a search. The Court found the main …
Article • August 15, 2008
New Mexico AG Comments on Disclosability of Prisoners' Penitentiary Files by Howell Gage, Superintendent of the New Mexico State Penitentiary, asked the state Attorney General (AG) to opine as to the disclosability of prisoners' records at the penitentiary. In his opinion, the AG considered authorities from other jurisdictions because New …
Article • August 15, 2008
New York Prisoner’s Prior Convictions for Sex Offenses Sufficient for Level 3 Classification by In anticipation of the release from prison of Dale Mabb, a New York sex offender, the state Board of Examiners of Sex Offenders, based on Mabb’s prior attempted rape conviction, convinced a trial court to assess …
Article • August 15, 2008
New York Sex Offender's Request for Reduced Dangerousness Level Denied by Duane Charache, a New York state prisoner, was assessed to be a level three sex offender by the Board of Examiners of Sex Offenders (Board) in anticipation of his release from prison for sexually abusing a child. Even so, …
Article • August 15, 2008
N.Y. Protest Rally Arrest Documents Ordered Disclosed Despite Protective Order by New York state resident Michael Schiller petitioned to obtain confidential documents bound by a protective order regarding numerous arrests during a 2004 Republican National Convention (RNC) protest. The New York Times (Times) filed a motion to modify the protective …
Federal Escape Statute of Limitations Not Triggered Until Return to Custody by Naturalized U.S. citizen and federal prisoner Guillermo Gonzalez appealed his 2006 escape conviction, arguing that the district court failed to instruct the jury on the statute of limitations for escape. His conviction was affirmed. While serving an eight …
Article • August 15, 2008
$365,000 Awarded After Excessive Force by Minnesota Troopers by Sartell, Minnesota resident Richard Town brought a § 1983 action against the City of Waite Park after he was subjected to excessive force by two state troopers in 2005, resulting in a fractured rib and collapsed lung. Town was stopped for …
Article • August 15, 2008
Arkansas Chief Probation Officer's Termination Suit Settles for $32,500 by Former City of Searcy, Arkansas chief probation officer Denny Bishop brought suit against the city after being terminated when he voiced opposition to allegedly discriminatory employment practices. The suit was settled out of court for $32,500. Bishop filed the lawsuit …
Article • August 15, 2008
1992 Order to Change Georgia Jail Conditions Lifted Under PLRA by Cherokee County, Georgia Sheriff Roger Garrison moved for the termination of a 1992 consent order implemented to improve conditions at the county jail. The motion was granted because no current or recent violations had been proven. In 2002 the …
Article • August 15, 2008
$1 Million Settlement After Florida Teen's Shooting Death by Police by Delray Beach, Florida residents Kenneth Miller and Terry Glover brought a § 1983 action against the city and rookie policeman Barren Cogoni for negligence and excessive force after Cogoni shot and killed Jerrod Miller in 2005. The suit settled …
Article • August 15, 2008
Filed under: Telephones, Telephone Rates
New York Prison System Phone Kickbacks Upheld; Reversed by Court of Appeals by A New York Supreme Appellate Court has sidestepped ruling on the merits of a lawsuit claiming that the practice of the New York Department of Correctional Services (DOCS) of receiving a commission from prisoner phone calls was …
Article • August 15, 2008
Ninth Circuit: Retroactive Blakely Relief Unavailable on Habeas Corpus, Only on Timely Certiorari by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a state prisoner virtually identically situated as in Blakely v. Washington, 124 S.Ct. 2532 (2004) (sentence may not be enhanced by facts not …
North Dakota DOC's "No-Passing" and "Publisher Only" Rules Upheld by The Supreme Court of North Dakota has upheld the constitutionality of the "no-passing" and "publisher-only" rules of the North Dakota Department of Corrections (DOC). Reuben Larson, a North Dakota state prisoner, filed a petition for a writ of certiorari in …
Article • August 15, 2008
OH Mental Health Service Not Subject to Public Records Act by The state of Ohio created a mental health services board (Board) which was to contract with and govern private mental health providers to ensure that even indigents and the uninsured could receive mental health services. The Board in Stark …
Article • August 15, 2008
Washington State's Duty to Defend Officials Depends on Their Conduct by Washington state Supreme Court Justice Richard Sanders appealed the denial of attorney’s fees in a complaint filed against him by the Commission on Judicial Conduct (Commission) for misconduct in 2003. The appellate court held that no state duty existed …
Article • August 15, 2008
Colorado AG Advises Against Felons Microfilming Department of Revenue Tax Records by Colorado Attorney General (AG) J.D. MacFarlane opined against the Division of Correctional Industries utilizing felons to microfilm Department of Revenue (DOR) tax records. Upon request by Lee White, Executive Director of the Department of Administration, and Alan Charnes, …
Article • August 15, 2008
Hearing on Newly Discovered Evidence Denied; Florida Prisoner's Death Sentence for Prison Escape Killing Stands by Florida state death row prisoner William Van Poyck appealed the dismissal of his post-conviction motion that introduced new evidence of a "trigger man's" admission. The state Supreme Court affirmed the dismissal because Van Poyck's …
Article • August 15, 2008
Nebraska Prisoner's Medical, Mental Suffering Resulting from Segregation Does Not Support Eighth Amendment Violation by Nebraska state prisoner Thomas Fleming brought a federal civil rights action in 2003 alleging violations related to conditions of confinement, due process, inadequate medical care, and inflicted dis-associative disorder. The district court dismissed his Eighth …
$800,000 Awarded to Former California Guard for Racial Discrimination by Diane D. Epps, a former guard at a California Youth Authority (CYA) facility in Norwalk, settled her racial discrimination suit against the state for $800,000. She claimed she was denied promotions and was verbally abused by her supervisors. Epps was …
Article • August 15, 2008
Filed under: Police, False Arrest
$50,000 Settlement for Klickitat County Deputy's Evidence Tampering to Obtain Arrest by Washington state resident Ricky Springs settled a federal lawsuit brought in 2005 against Klickitat County and two deputy sheriffs. The suit alleged civil rights violations for falsifying a recording in order to obtain Springs’ arrest. The lawsuit was …
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