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Improper Jury Instruction Vacates Four Aggravated Rape Charges Against Oklahoma Sheriff by Federal prisoner and ex-Larimer County (Oklahoma) Sheriff Melvin Holly appealed his conviction for five counts of felony deprivation of rights related to numerous incidents of sexual abuse. He claimed that an inappropriate jury instruction had resulted in the …
Article • August 15, 2008
Denver Police Department's Blanket Denial of Investigative Records Ruled Abuse of Discretion by Colorado state resident Stephen Nash sought review of a denial of requested Internal Affairs Bureau (IAB) files by the Denver Police Department (DPD). The files involved police misconduct during the improper monitoring of Nash's activities, which resulted …
California Rehabilitation Facilities Not Responsible for Escaped Residents’ Criminal Actions by California state residents Jasper Rice and Jennifer Asbury (plaintiffs) appealed the dismissal of their negligence action against Center Point, Inc. and Humbolt Recovery Center (defendants). Four of the defendant’s residents had escaped from the rehabilitation facility and stabbed the …
Article • August 15, 2008
Washington SVP Statutory Amendments re Re-Commitment Hearings Not Retroactive by Washington state civilly committed sexually violent predators (SVPs) Harry Fox, Robert Jones and Anthony Jacka appealed the dismissal of their previously-ordered re-commitment hearings. The appellate court found that SVP statutory amendments operated to deny Fox and Jones hearings, but Jacka's …
Kentucky Jail Guards Win $872,000 in Discrimination, Retaliation Suit After Appellate Remand by Kelvin Brooks, a guard at the jail in Jefferson County, Kentucky, was black and had a race-related skin disease (PFB) that was irritated by shaving, so he wore a beard. Ron Bishop, the jail director, fired Brooks …
Article • August 15, 2008
Kentucky County Settles Loss of Consortium Suit for Undisclosed Amount by Phillip D. Hurst, a Kentucky prisoner, was taking prescribed methadone. When he returned one night to a Lexington County work release center in an intoxicated state, he was examined by two nurses who thought he was experiencing diabetes-related symptoms. …
Article • August 15, 2008
Artwork Sold on City Grounds Protected by First Amendment; No Permit Required by The City of Sparks, Nevada appealed a district court ruling that allowed artist Steven White to display and sell his paintings in parks and Victoria Square without a permit or prior permission from the City. The appellate …
Article • August 15, 2008
Filed under: Police, False Arrest
$215,000 Settlement in Maryland False Arrest Case by Daniel Miller was paid $215,000 to settle a civil rights action after he was falsely arrested and spent 19 days in jail in Prince George’s County, Maryland. The Associate County Attorney said the settlement did not reflect any wrongdoing. The case stemmed …
Article • August 15, 2008
Kansas Prison Double Bunking Approved if ACA Standards Met by Thomas Porter and other Kansas state prisoners filed suit against the state and prison officials (defendants) alleging prison overcrowding, and subsequently objected to a proposed increase in the prison population by double bunking. The action alleged too little space per …
Article • August 15, 2008
MI Prisoner’s FOIA Suit Dismissed for Lack of Injury by Delay by David Lakin, a Michigan state prisoner, filed suit in state court against the Department of Corrections (DOC) under the Freedom of Information Act (FOIA), Mich. Comp. Laws § 15.231, et seq. (Mich. Stat. Ann. § 4.1801(1), et seq.), …
Article • August 15, 2008
Filed under: Work Release, Work, Prison Labor
MN Work-Release Prisoner Entitled to Unemployment Benefits After Being Fired for Missing Work by Cassandra Jenkins, a Minnesota state prisoner, was sentenced to 30 days in jail with work-release privileges. Her employer agreed to cooperate with the work release rules, including verifying Jenkins’ employment to work-release authorities. However, the employer …
Article • August 15, 2008
Immigrant Fugitives Precluded from Appealing Immigration Judge's Decision by Fugitive Disentitlement Doctrine by Raju Raj Giri and his wife and child legally entered the U.S. in July 2003 and were entitled to remain in the country for 5 months. When their time expired they applied for asylum, but an immigration …
Article • August 15, 2008
Excessive Force Kansas Juvenile Death Case Settled for $185,000 by A 17-year-old Kansas prisoner’s estate was paid $185,000 to settle claims related to his death. Mr. Mapes, a 17-year-old juvenile detainee, had an altercation with a guard, who restrained him by handcuffing him and sitting on his chest. Mapes died …
Article • August 15, 2008
Fall From Top Bunk During Seizure Nets $1,350,000 by A Nebraska prisoner who was injured when he fell from a top bunk during a seizure was awarded $1,350,000. Mr. Wright, a Nebraska prisoner, was assigned to an upper bunk when he had a seizure and fell out of bed. He …
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 • August 15, 2008
Forcing WV Prisoner to Wear Jail Garb At Sentencing Violates Due Process Clauses by Jeffrey Finley, a West Virginia state prisoner, was convicted of murdering his neighbor. The trial court, believing it had unfettered discretion to make him wear jail clothes at sentencing, denied his request to wear street clothing …
Article • August 15, 2008
ID Prisoner's State Habeas Action Properly Dismissed Without Appointing Counsel by Kenneth Quinlan, an Idaho state prisoner, was sentenced to life on a 1973 murder conviction. He was paroled in 1985 and his parole was revoked in 1994. At the time of his conviction the parole board had to consider …
Article • August 15, 2008
Ninth Circuit Faults Mootness Dismissal, Denial of Counsel by The Ninth Circuit Court of Appeals vacated the mootness dismissal of an Idaho prisoner’s conditions of confinement suit. The Court also found that it was an abuse of discretion to dismiss without ruling on the prisoner’s request for appointment of counsel. …
Article • August 15, 2008
N.Y. Injured Prisoner Held Partially Liable For Facility's Inadequate Equipment And Supervision by New York State prisoner Charles Moran brought suit against the state for labor law violations and improper supervision and equipment after falling from a ladder at the Watertown Correctional Facility (WCF) in 2002. The labor law claims …
Article • August 15, 2008
KY Lethal Injection Not Unconstitutional; Upheld by U.S. Supreme Court by Ralph Baze and Thomas Bowling, both Kentucky state prisoners, were sentenced to death after being convicted of double murder. They immediately challenged the constitutionality of the state’s lethal injection protocol. The trial court dismissed the case, and the appellate …
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