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Article • January 15, 2008
Washington Strip Search Statute Narrowly Construed; Inapplicable to Arrestees Confined Pending Release by The Washington State Court of Appeals held that state law does not authorize the automatic strip search of arrestees in custody who are pending release on bail or personal recognizance. Abra Plemmons was charged in Pierce County, …
Article • January 15, 2008
Settlement Involving Public Funds Discloseable Absent Contractual Confidentiality or Statutorily Protected Provisions by An anonymous Pennsylvania husband (plaintiff) filed a motion to seal his petition for settlement approval resulting from a malpractice suit following his wife's death. The court denied his motion because the information was made public upon the …
Article • January 15, 2008
Non-English Speaking Fed Prisoner Entitled to Representative at Prison Disciplinary Hearing by In 1976, Aharon Ron, a federal prisoner in Lexington, Kentucky, was found hiding in a barn with his visitor. He was infracted for being in an unauthorized area. Ron didn't understand English very well and, when presented with …
Article • January 15, 2008
Repatriated Federal Prisoner's Sentence Properly Calculated Under American Law by Sonny Odili, a federal prisoner, was sentenced to 100 months in a Panamanian prison after being caught grinding over 7,000 grams of cocaine so it could be smuggled into the U.S. He cooperated with Panamanian authorities in another prosecution but …
Article • January 15, 2008
Federal Prison Must Disclose Part of Investigation Manual by The federal prison at Forrest City, Arkansas (Prison) suspended for one day an employee represented by the American Federation of Government Employees (AFGE). The AFGE requested the Special Investigative Supervisor Manual (Manual), which the Prison refused to disclose. An administrative law …
Tennessee Prisoners Must Verify Truth of Petitions for Relief from Sentences by Daryl Holton and Paul Reid, Tennessee state prisoners, were sentenced to death on murder convictions. Neither appealed. Later, acting as "next friend," others filed petitions for relief on their behalf, claiming they were mentally incompetent. The petitions weren't …
Wrongful Death Suit Reinstated for Plaintiff Substitution; Dismissed Again by by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed the dismissal of a wrongful death suit and allowed the deceased prisoner's wife to be substituted as plaintiff. On remand, the United States District Court …
California Appellate Court Overturns $177,000 Prisoner Beating Verdict by by John E. Dannenberg The California Court of Appeal (4th District) has reversed a $177,000 jury verdict against Orange County and its Sheriff, Michael Carona, finding that no substantial evidence supported the verdict and that the award of punitive damages violated …
First Circuit Upholds Ex-Boston Guard’s 46-Month Prisoner-Abuse Sentence by Matthew Clarke First Circuit Upholds Ex-Boston Guard's 46-Month Prisoner-Abuse Sentence by Matthew T. Clarke The First Circuit Court of Appeals has upheld a 46-month prison sentence imposed on a former guard at the Nassau Street Jail in Boston, Massachusetts for beating …
Article • January 15, 2008
Ninth Circuit: Heck Favorable Termination Rule Applies to Civil Commitments by By John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the "favorable termination rule" of Heck v. Humphrey, 512 U.S. 477 (1994) [which requires that before a prisoner can bring a 42 U.S.C. § 1983 civil …
Relief for Unconstitutional Mississippi Death Row Conditions Affirmed on Appeal by Bob Williams By Bob Williams The United States Court of Appeals for the Fifth Circuit has affirmed most of the sweeping reforms to be implemented at the Mississippi State Penitentiary (MSP), Unit 32-C, Death Row. After several death row …
Article • January 15, 2008
Virginia Jail Pay-to-Stay Fee Constitutional by Bob Williams The United States Court of Appeals for the Fourth Circuit has upheld Virginia's county jail $1.00 per day pay-to-stay fee under the Due Process and Taking Clauses, even though the issue on appeal was the dismissal of the underlying action pursuant to …
Texas Parole Law Remanded for Ex Post Facto Ruling by Gary Hunter By Gary Hunter Texas prisoner Wilson Brown, a convicted sex offender, went to prison in 1989. At the time Brown was convicted, all Texas prisoners required only two favorable votes to make parole. In 1993, the parole board …
First Circuit Upholds $500,000 Award for Whistle-Blowing Boston Guard by Matthew Clarke by Matthew T. Clarke On March 29, 2005, the First Circuit Court of Appeals upheld a $500,000 jury award in favor of a former guard at a Boston jail who was harassed by fellow guards after he reported …
Article • January 15, 2008
Ninth Circuit: Federal Complaint Cannot be Submitted Before PLRA Exhaustion is Completed by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a prisoner must have completed his available administrative exhaustion procedures before he can submit a 42 U.S.C. § 1983 complaint to the …
Article • January 15, 2008
Grievances Exhausted When No Relief Available; Oregon DOC Fails to Prove Non-Exhaustion. by A federal court in Oregon has held that prisoners are not required to exhaust all levels of the prison grievance process when all requested relief is granted before the final step of the grievance process. On December …
Article • January 15, 2008
Parolee's Conviction Reversed for Illegal Probation Search by The Ninth Circuit Court of Appeals has reversed a parolee's conviction for possessing a gun because the warrantless probation search was unconstitutional and subsequent incriminating statements were inadmissible under the "fruit of the poisoned tree" doctrine. Curtis Ray Howard was convicted of …
Article • January 15, 2008
Parole Officers Must Knock and Announce Before Entering Parolee's Domicile by The Seventh Circuit Court of Appeals reversed a lower court's grant of summary judgment, finding that parole officers have a duty to knock and announce themselves before entering a residence in which a parolee is renting a room, and …
Article • January 15, 2008
Filed under: Juveniles
BOP Must Grant Juveniles Time Served Credits by The Ninth Circuit Court of Appeals held that the Federal Bureau of Prisons (BOP) erred in refusing to credit a juvenile offender with 35 months he spent in presentence custody. On June 17, 2001, Jonah R., a juvenile, was arrested after shooting …
Article • January 15, 2008
OH Prisoner's Attorney's Rule 11 Sanctions Nullified by Jeffrey Salkil was arrested for drunk driving and placed in the jail for Madison County, Ohio. Because he refused to submit to urinalysis testing, his driver's license was suspended. He completed an affidavit of indigency and asked to have a lawyer appointed …
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