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Illinois War Veteran Awarded Over $2 Million For Malicious Prosecution by Illinois resident and retired Marine Timothy Finwall brought a 42 U.S.C. § 1983 action against the City of Chicago, two of its detectives and resident Mary Boswell for illegal, unethical and malicious prosecution. He was framed in 2001 for …
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 …
California Ex Deputy Sheriff's Incriminating Statements Not Protected Under POBRA by Ventura County (California) and it's sheriff's department (County) appealed an injunction preventing their use of statements made by ex deputy Michael Van Winkle who was under investigation for criminal activity. Van Winkle asserted that his statements were protected under …
Article • January 15, 2009
California Prisoner's Misdemeanor Battery Charge Statutorily Enhanced To Felony by The California Supreme Court determined whether a state hospital prisoner was subject to felony charges under § 2684 for attacking a non confined person. Joey Watson was found to be statutorily subject to felony charges. Watson was transferred to the …
Criminal Suspect Policeman's Photo And Address Not Protected From Press by A Michigan State Policeman's wife, Dorothy Bailey, appealed her 42 U.S.C. § 1983 dismissal after Port Huron Police Department personnel revealed her and her husband's personal information to the press. The dismissal was affirmed. Bailey and her inebriated husband, …
Texas: $232,000 Settlement, $82,000 Award in Prison Employees' Discrimination Suits by In 2003 and 2004, plaintiffs in two separate lawsuits prevailed on their claims of racial discrimination against the Texas Department of Criminal Justice (TDCJ). In the most recent lawsuit, four auditors in the Community Justice Assistance Division of TDCJ …
New Jersey Fires 52 Prison Guards in 2007 by Gary Hunter Guards in New Jersey prisons have been found guilty of everything from smuggling drugs and cell phones to simply failing to show up for work. From 2005 to 2007, the New Jersey Department of Corrections (DOC) had to fire …
Florida Jail Supervisors Investigated in Fraudulent Overtime Scheme by Florida Jail Supervisors Investigated in Fraudulent Overtime Scheme An investigation at Florida’s West Palm Beach County Jail has revealed that top-ranked officials used their positions to obtain fraudulent overtime payments. What started as an internal investigation into a deputy’s complaint has …
Article • November 15, 2008 • from PLN November, 2008
Ex-Warden’s Wife Charged With Assisting Prison Escapee by Gary Hunter In April 2008, charges were filed against Bobbi Parker, 46, who is accused of hiding convicted killer Randolph Dial in her van and driving him out of the Oklahoma State Reformatory (OSR) on August 30, 1994. The pair remained missing …
Crack Cocaine Offenders Denied Representation for Sentence Reductions by Brandon Sample Crack Cocaine Offenders Denied Representation for Sentence Reductions by Brandon Sample In the wake of the U.S. Sentencing Commission’s decision to reduce penalties for federal crack cocaine offenses, and to make those changes retroactive effective March 3, 2008, crack …
Article • November 15, 2008 • from PLN November, 2008
Former Illinois Prison Watchdog Group Executive Acquitted of Bribing Prison Officials by Former Illinois Prison Watchdog Group Executive Acquitted of Bribing Prison Officials On May 7, 2008, a federal judge acquitted Michael J. Mahoney, former executive director of a prison watchdog organization, of involvement in the payment of $20,000 in …
Article • October 15, 2008 • from PLN October, 2008
Washington State Crime Lab Chief Resigns by Gary Hunter Washington crime lab chief Barry Logan resigned effective March 14, 2008, after judges in three counties roundly criticized the work performed in state laboratories under his supervision. The fallout mainly stemmed from hundreds of DUI cases that were improperly handled by …
Article • October 15, 2008 • from PLN October, 2008
Prior Failure to Register as Sex Offender Does Not Violate Adam Walsh Act by Prior Failure to Register as Sex Offender Does Not Violate Adam Walsh Act On December 5, 2007, the U.S. District Court for the Western District of Missouri granted a motion for judgment of acquittal in a …
Article • October 15, 2008 • from PLN October, 2008
Washington DOC Fires McNeil Island Employee for Prisoner Fund Theft by Washington DOC Fires McNeil Island Employee for Prisoner Fund Theft On February 22, 2008, the Washington State Department of Corrections (DOC) fired Colleen Brixley, 48, a fiscal analyst at the McNeil Island Corrections Center, for stealing $103,000 from the …
“I CAN Learn” Software Procurement for Kentucky DOC Questioned by Matthew Clarke “I CAN Learn” Software Procurement for Kentucky DOC Questioned by Matt Clarke The “I CAN Learn” educational software produced by New Orleans-based JRL Enterprises, which was adopted by the Kentucky Department of Corrections (KDOC), is under scrutiny for …
Millions Paid in Mississippi Jail Deaths; Ten Guards Sentenced for Abuses; Corruption Continues by Bob Williams “The house always wins,” Warden Don Cabana proclaimed to the Sun Herald, a Mississippi newspaper, in July 2007. However, Harrison County, home of the Harrison County Adult Detention Center (ADC), has agreed to pay …
Texas Federal Judge Acquits VitaPro Defendants by Matthew Clarke by Matt Clarke On April 22, 2008, Houston, Texas, federal judge Lynn Hughes acquitted former Texas prison chief James “Andy” Collins, 57, and former president and CEO of VitaPro Foods Yank Barry of federal charges for bribery, money laundering, conspiracy and …
Article • September 15, 2008 • from PLN September, 2008
Virginia Felons Notified of Possible Exculpatory DNA Evidence – Eventually by Gary Hunter Virginia Felons Notified of Possible Exculpatory DNA Evidence – Eventually by Gary Hunter On January 9, 2008, Virginia’s state Forensic Science Board (FSB) voted 6 to 5 against notifying convicted defendants that DNA evidence had been discovered …
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