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Article • January 15, 2008
Conflicting State Statutes Require Reversal of Massachusetts Riot Convictions by Defendant Randall Spearin and co defendant Gualter M. Camara, both Massachusetts State prisoners, appealed their convictions from a 2001 uprising at the Bristol County House of Corrections (Bristol), where they were incarcerated and led a riot. When they filed an …
Article • January 15, 2008
Federal Statute Requiring Supervised Releasee to Submit DNA Sample Unconstitutional by A Massachusetts federal district court has entered a preliminary injunction barring the federal probation office from requiring a person on supervised release to submit a DNA sample. The Court's order comes after it found that Leo Weikert, Jr., who …
Strip-Searched Jail Arrestees May be Certified as Class for Liability by by Matthew T. Clarke On August 24, 2006, the Second Circuit Court of Appeals held that a federal district court in New York erred when it refused to certify non-felony arrestees who were strip searched pursuant to a blanket …
Article • January 15, 2008
Native American Legally Civilly Committed by The Seventh Circuit Court of Appeals has upheld a ruling by the Wisconsin Supreme Court that allows a Native American to be involuntarily committed as a sexually violent person. The Seventh Circuit's ruling relies substantially on the Anti-Terrorism and Effective Death Penalty Act (AEDPA) …
Article • January 15, 2008
Class Status Granted to Illinois Prisoners for Nonconsensual STD Tests by A federal judge in Illinois has granted class action status to a group of Cook County prisoners who were subjected to painful medical tests without their explicit consent. Plaintiffs Robert Jackson, Joseph McGrath and Derrell Smith claimed that during …
Article • January 15, 2008
New York Court Allows Garnishment of Military Pay for Crime Victim's Judgment by The New York Supreme Court in Albany County has held that funds in a prisoner's inmate account are not exempt from garnishment to satisfy a judgment under the state's Son-of-Sam law even if those funds are military …
Article • January 15, 2008
Notice Pleading Requirement, Not Factual Pleading, Applies to Access to Courts Claim by The Seventh Circuit Court of Appeals has held that a prisoner bringing a right of access to the courts claim need only satisfy the notice pleading requirement, but must allege that the prisoner lost a case or …
Article • January 15, 2008
SJ Reversed on Massachusetts Religious Diet Claims; MA Constitution Affords Greater Protections than U.S. Constitution by In a unanimous decision, Massachusetts' highest court reversed summary judgment on Muslim prisoners' claims that they were denied halal meat, which is required by their faith. Muslim prisoners Rashard Rasheed and Nathaniel Bilal Ahmad …
Article • January 15, 2008
SJ Reversed on PO Unreasonable Search/Detention Claims by The Tenth Circuit Court of Appeals reversed a lower court's grant of qualified immunity to three New Mexico probation officers on unreasonable residential search claims. It also reversed summary judgment on an unreasonable detention claim. In February 2000, Carly Bliss was convicted …
Tenth Circuit OKs First Raising Qualified Immunity on Summary Judgment by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings. The district court erred in failing to address the defense in the summary judgment …
Article • January 15, 2008
Tenth Circuit Applies Harmless Error in Prison Discipline by The Tenth Circuit Court of Appeals held that precluding a prisoner from presenting witness testimony at a prison disciplinary proceeding was harmless error. Kansas prisoner Patrick Grossman was charged with inciting a riot in relation to a December 21, 2002 incident …
Short-Term Injuries Sufficient to Recover Mental and Emotional Damages under PLRA by A Florida federal district court has held that a prisoner's failure to prove long-term physical injuries does not bar a request for damages for long-term mental and emotional injuries. That ruling came in a civil rights action filed …
Article • January 15, 2008
WI Sex Offender Wrongly Forced to Consent to Videotaping of Treatment Sessions by Dennis Thiel, a Wisconsin state prisoner, was committed as a sexually violent person to the state Department of Health and Family services (DHFS). He sued DHFS personnel in state court for withholding treatment from him because he …
Article • January 15, 2008
Statute of Limitations May Toll While Prisoner Exhausts Administrative Remedies by In 2003, William Howell, a Georgia state prisoner, sued jail guards in federal district court under 42 U.S.C. 1983 for an incident that occurred over two years before he filed suit. Since the applicable statute of limitations was two …
Article • January 15, 2008
Filed under: Sentencing, Good Time
Trial Court Lacks Authority to Deny Washington Earned Credits by The Washington State Supreme Court, sitting en banc, held that the trial court has no authority to restrict the grant of earned early release time credits. Brenda Louise West robbed a motel. "In exchange for a reduction of the charge …
Article • January 15, 2008
IL Warden Properly Fired for Being a Republican by In 2005, Mark Pierson, warden at Pickneyville Correctional Center in Illinois, was fired by the incumbent Governor, Rod Blagojevich, who was a Democrat. Pierson was fired because he was a Republican appointee. Pierson sued for wrongful termination in federal district court. …
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 the failure of Prison Health Services (PHS) to monitor her lithium levels fell under the common knowledge exception …
Article • January 15, 2008
Filed under: Sentencing, Parole
Ninth Circuit: Federal Supervised Release Constitutional by On April 24, 2006, a panel of judges in the U.S. Ninth Circuit Court of Appeals upheld a district court?s finding that supervised release was a valid part of the federal sentencing scheme. Lazaro Huerta-Pimental was arrested in 1998 for illegally entering the …
Article • January 15, 2008
One Month Delay in Treating Prisoner’s Broken Bones States 8th Amendment Claim by One Month Delay in Treating Prisoner's Broken Bones States 8th Amendment Claim In 2004, William Guy, a California state prisoner, broke his ribs and ankle. He wasn't treated for a month. He sued in federal district court, …
Article • January 15, 2008
Prisoner Cannot Sue BOP Under Privacy Act by Gabriel Scaff-Martinez, a federal prisoner, filed suit against the United States Bureau of Prisons (BOP) pursuant to the Privacy Act, 5 U.S.C. § 552a(d), (e)(5) and (g), alleging that the BOP had failed to maintain accurate records, expunge false information from his …
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