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Article • May 15, 2008 • from PLN May, 2008
North Carolina Execution Laws Trump Medical Board’s Ethics Declaration by John Dannenberg North Carolina Execution Laws Trump Medical Board's Ethics Declaration by John E. Dannenberg In September 2007, the Wake County, North Carolina Superior Court ruled that because executions are not "medical procedures," a state law that requires a physician …
Article • May 15, 2008 • from PLN May, 2008
Alabama Parole Board Employee Pleads Guilty to Misuse of Computer Information by On June 15, 2007, Stacey Bell, 31, formerly an administrative assistant to the Alabama Board of Pardons and Paroles, pleaded guilty in Elmore County District Court to violating the Alabama Computer Crime Act, § 13A-8-102. She was given …
Article • May 15, 2008 • from PLN May, 2008
Michigan Prisoner Beaten By Guards Awarded $6,004 by On November 17, 2006, a Michigan jury awarded state prisoner Robert Brooks $6,004 for a beating he received at the hands of two guards. Brooks, who was serving time in a maximum-security Michigan prison for a 1982 murder, claimed he was attacked …
Article • May 15, 2008 • from PLN May, 2008
Innocent California Prisoner Paid $3,171,000 For 12 Years Wrongful incarceration by An East Palo Alto, California auto mechanic who served 12 years in state prison for a first degree murder he did not commit was paid $421,000 by the state plus $2.75 million by the County of Santa Clara. Rick …
Article • May 15, 2008 • from PLN May, 2008
South Florida Federal Court Censors Online Plea Agreements by Recently, the South Florida federal court system has been removing plea agreements from its online court docket. While a plea agreement is still reflected on the docket sheet, attempts to open the online record result in a notice that the user …
Article • May 15, 2008
Massachusetts DOC Denial of Ramadan Food to Prisoner in Seg Upheld by In an earlier opinion, 44 F.Supp.2d 400 (D.Mass. 1999), the court denied summary judgment to defendants on the request of the Muslim plaintiff, serving 10 years in segregation, that he be provided cereal, peanut butter, etc., three days …
Article • May 15, 2008
Challenge to Catalog Ban Mooted by Grievance Relief; Mail Watch Okay by The plaintiff was found with letters detailing an escape plan and convicted of disciplinary charges. Prison officials instituted a mail watch. This action was fully justified by security concerns. Failure to follow defendants' internal directive did not violate …
Article • May 15, 2008
Voluntarily Ceasing Challenged Activity Doesn't Moot Case by Voluntary cessation of illegal activity does not moot a case. At 202: A case may nevertheless be moot if the defendant can demonstrate that: "(1) it can be said with assurance that there is no reasonable expectation ... that the alleged violation …
City and Contractor Liable for Policy of Arresting and Seizing “Potentially Intoxicated” People by City and Contractor Liable for Policy of Arresting and Seizing "Potentially Intoxicated" People The plaintiffs were seized by the police and detained in a private detoxification facility in a different town, sometimes for days; they include …
Article • May 15, 2008
Judicial Review Available for Denial of International Transfer by The plaintiff complained that he was denied a transfer to a Canadian prison under the Convention on the Transfer of Sentenced Persons based on his race or nationality or on his exercise of protected rights. The government argued that there is …
Ventura County Jail Restraint Chair Use Enjoined; Class Certified by The plaintiffs complained of abuse of restraint chairs, e.g., being strapped into them for asking questions and not being let out to go to the bathroom. The plaintiffs had standing to seek an injunction concerning the use of restraint chairs …
Article • May 15, 2008
Pro Se Criminal Defendant Not Entitled to Law Library Access Above General Population by The plaintiff represented himself in his criminal trial. He had standby counsel advising him. Now he complains that he was not provided adequate legal resources to prepare his defense. The record shows he had access to …
Article • May 15, 2008
Prisoner Must Have Notice of Forfeiture; Sanctions Denied for Lying Prison Official by A prisoner alleged that he never received notice of forfeiture which was signed for by a prison official, had the return receipt marked by a prison official, and the notice marked as delivered. Notice of forfeiture must …
Article • May 15, 2008
Okay to Open Mail Sent by Attorney General by The plaintiff alleged that defendants opened a piece of mail from the state Attorney General's office in his absence. He has no standing to raise a court access claim absent a showing of prejudice. However, the court construes his complaint as …
Time Limits in PLRA Modification Motions Applied by A maximum population limit is a prisoner release order However, a request to modify a pre-PLRA order may not be based on the prisoner release provision because the statute says "no court shall enter " (836) The court enjoined the automatic stay …
Article • May 15, 2008
HIV Status Allows Plaintiff to Proceed Anonymously by The plaintiff was arrested, told the police he was HIV positive, and they put a pink sign saying HIV POSITIVE INMATE on his cell door in the police lockup (this in 1997!). The fact that a case involves a medical issue or …
Article • May 15, 2008
Taking DNA Samples from CT Sex Offenders Upheld by Plaintiffs challenged a Connecticut statute that required all convicted sex offenders incarcerated on its effective date to submit blood samples for analysis and inclusion in a DNA bank. Taking a blood sample is a search under the Fourth Amendment. However, in …
Article • May 15, 2008
Supreme Court Discusses Right to Travel by The right to travel has been upheld in several Supreme Court decisions, but its source has not been identified. Non-residents' right to equal treatment is protected by the Privileges and Immunities Clause of Article IV absent a "substantial reason" to treat them differently. …
Article • May 15, 2008
District Courts Can Suspend PLRA Injunction Stay Provisions by This appeal from the district court's decision striking down the automatic stay provision is not mooted by the court's having reached the merits of the termination motion, since the problem is one that is capable of repetition yet evading review It …
Article • May 15, 2008
BOP Early Release Suit Subject to PLRA by The Bureau of Prisons' determination that petitioner is ineligible for early release is something that happened at the prison rather than a continuation of the criminal case, so the PLRA applies, rather than habeas rules. The petitioner filed a notice of appeal. …
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