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Brief • December 3, 2008
Thompson v. Ricci, NJ, Complaint, prohibition of inmate preaching religious services, 2008
Brief • December 3, 2008
Thompson v. Ricci, NJ, MiS Plf Mot PI, prohibition of inmate preaching religious services, 2008
Article • November 15, 2008 • from PLN November, 2008
Identity of Prisoner Who Smuggled Gun into New Jersey Facility Revealed by Appeals Court by Gary Hunter Identity of Prisoner Who Smuggled Gun into New Jersey Facility Revealed by Appeals Court by Gary Hunter A prisoner accused of smuggling a gun into a New Jersey prison two years ago was …
Article • October 15, 2008 • from PLN October, 2008
Ice Cream Trucks No Treat for Sex Offenders by Several cities and at least one state have passed laws that prohibit sex offenders from driving ice cream trucks. In 2004 Eduardo Grau, 56, was driving an ice cream truck in New York state when he molested a 9-year-old girl. It …
New Jersey Joins Other States in Restricting Internet Use by Sex Offenders by New Jersey Joins Other States in Restricting ?Internet Use by Sex Offenders On December 27, 2007, New Jersey enacted legislation to restrict convicted sex offenders’ Internet use. Acting Governor Richard J. Codey relied on public hysteria over …
Article • September 15, 2008 • from PLN September, 2008
New Jersey Prisoners’ Jail Escape Leads to Firings and Suicide by Gary Hunter About an hour into his shift on December 15, 2007, Union County, New Jersey jail guard Rudolph Zurick discovered that prisoners Jose Espinosa and Otis Blunt were missing. Zurick immediately took steps to have the jail locked …
Former Immigration Detainee Awarded $100,001 Against CSC/Esmor, Plus $137,808 in Attorney’s Fees and Expenses by A federal jury has awarded a former detainee $100,001 against a private company that operated a New Jersey detention center for the U.S. government. The jury found for the plaintiff on her negligent supervision and …
Article • August 15, 2008
District Judge Orders Measures To Ease New Jersey Jail Overcrowding by Prisoners in the Monmouth County Correctional Institution, a New Jersey county jail, filed suit alleging unconstitutional living conditions due to overcrowding. A district judge assigned a special master to investigate. The special master found serious overcrowding which caused problems …
Article • August 15, 2008
No Liberty Interest in New Jersey Work Release by The plaintiff was charged with drinking when he returned to a work release facility; he was found not guilty at a disciplinary hearing. (Some officers said he acted and smelled drunk, others did not, and the doctor said he did not …
Article • August 15, 2008
Police Department Acceptance of Service for Cop Upheld by A police department's offer to accept service for an individual officer did not make it an agent authorized to accept service without actual authorization or appointment from the officer. Since the officer actually got the complaint, the court holds the defect …
Article • August 15, 2008
$390,000 Settlement in Unlawful Arrest Warrant by New Jersey’s Essex County settled a claim against it that alleged a prosecutor was “plainly incompetent” for procuring and executing an arrest warrant. The case settled for $390,000 prior to a damages trial. The plaintiff’s false arrest claim came after the Essex county …
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
Filed under: Sentencing, All Writs Act
Federal Courts Lack Authority to Expunge Valid Convictions by The Third Circuit Court of Appeals upheld a lower court’s decision that it lacked jurisdiction to expunge criminal convictions pursuant to its inherent power to order equitable relief, or pursuant to the All Writs Act. David Rowlands, a New Jersey public …
Article • July 15, 2008
New Jersey Appeals Court Upholds Disabled Guard’s $236,000 Award by On June 30, 2006, the Superior Court of New Jersey, Appellate Division, upheld a jury’s award of $236,000 to a former Gloucester County jail guard who claimed he was forced to retire because of an eye disability. Plaintiff Michael Raspa, …
New Jersey District Court: Reargument Granted In PHS Negligence Claim by On January 10, 2005, the U.S. District Court for the District of New Jersey agreed with a state prisoner’s contention that Prison Health Services’ (PHS) failure to monitor her lithium levels fell under the common knowledge exception of N.J. …
Article • June 15, 2008 • from PLN June, 2008
New Jersey Abolishes the Death Penalty by Matthew Clarke by Matt Clarke On December 12, 2007, New Jersey became the second state since the reinstatement of the death penalty in 1976 to legislatively abolish the death penalty, replacing it with life without parole. That same day, New Jersey Governor Jon …
Article • June 15, 2008 • from PLN June, 2008
Nevada Criminalizes Cell Phones in State Prisons by On May 10, 2007, Nevada Governor Jim Gibbons signed into law AB-106, a bill making it a felony for prisoners to possess a cell phone in prison or for a person to furnish a prisoner with a cell phone. Anyone charged with …
My Space Becomes “No Space” for Online Sex Offenders by David Reutter My Space Becomes "No Space" for Online Sex Offenders by David M. Reutter After online social networking giant MySpace.com, under pressure, disclosed on July 24, 2007 that it had purged 29,000 sex offender profiles from its website, state …
Article • May 15, 2008
No Liberty Interest In New Jersey Work Release by The plaintiff was on work release and living in a halfway house; he was removed from the program for drinking. He was later found not guilty, but he was not returned to the halfway house, and received no hearing to determine …
Warden May Be Liable for Suicide for Lack of Mental Health Staffing by The plaintiff was sentenced to 60 days for possession of Valium in the third degree. After six days in jail he drank cleaning fluid, which was viewed by staff as a suicide attempt despite his claim he …
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