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Article • December 15, 2007
AZ Prisoner's Denial of Transfer to Release Center by Changing His Sex-Offense Treatment Rating Satisfies Due Process by Tony Luca, an Arizona prisoner, was denied transfer to a correctional release center after prison guards changed his sex-offender treatment rating to one not eligible for transfer to a release center. He …
Article • December 15, 2007
$35,000 Settlement in Maine Jail Strip-Search Case by After he was arrested on a misdemeanor charge, Geoffrey V.V. Wood was strip-searched at Maine's Hancock County Jail. Wood filed suit, alleging the strip search procedures were illegal and unconstitutional. He settled his lawsuit in May 2004 for $35,000. See: Wood v. …
Disciplinary Rule Description Rather than Title Controls by The West Virginia Supreme Court of Appeals has held that "it is the content of what is contained under a title that is critical in most instances, not the title" of a "disciplinary rule"(DR). That ruling comes in the appeal of a …
DC Circuit Awards Fees in CIA FOIA Suit by The Court of Appeals for the District of Columbia has held that the appellee in this case was a prevailing party in a lawsuit to enforce his request under the Freedom of Information Act (FOIA), and remanded to determine if he …
Article • December 15, 2007
Federal Law Requiring Felons Submit DNA Sample Constitutional by The Sixth Circuit Court of Appeals has held that a federal statute, 42 U.S.C. § 14135a, that requires persons convicted of federal felonies to submit a DNA sample is constitutional. That ruling comes in the appeal of Bobbie J. Conley, who …
Article • December 15, 2007
New York Prisoner's Prior Convictions for Sex Offenses Are Sufficient for Level 3 Classification by In anticipation of the release from prison of Dale Mabb, a New York sex offender, the state Board of Examiners of Sex Offenders convinced a trial court to assess him to be a risk level …
Article • December 15, 2007
NY Prisoners Entitled to Assistant to Help Prepare Their Defenses in Tier 3 Disciplinary Hearings by Louis Avincola, a New York state prisoner, was infracted for fighting. At the ensuing Tier 3 disciplinary hearing the hearing officer produced a form with the box waiving assistance by an "employee assistant" checked. …
Article • December 15, 2007
NY Sex-Offender Properly Classified as Risk Level II Where Risk Assessment Points Place Him in That Category by Alan Barnett, a New York state prisoner, was classified as a risk level II sex offender based on risk assessment points accumulated as a result of factors relevant to his crime and …
Article • December 15, 2007
NY Sex Offender's Risk Level 3 Classification Based on Credible Information, Thus Affirmed by Tercero Stafford, a New York prisoner, is serving a prison sentence for burglary. He had prior convictions for sex offenses in New York and Vermont, for which he was released from prison in Vermont in 1996. …
Article • December 15, 2007
Ingrown Nail Leads to Leg Amputation and $400,000 Georgia Jury Verdict by A Georgia prisoner was awarded $400,000 for inadequate medical care causing amputation of his left leg, below the knee. Mr. Booth, a 45-year-old Georgia prisoner with a long history of vascular disease, was treated by a prison doctor …
Article • December 15, 2007
Filed under: Medical, Blood
Inadequate Anemia Treatment Nets California Jail Prisoner $65,000 Settlement by A California man was paid $65,000 to settle a suit related to a jail's failure to properly diagnose and treat his anemia and emotional distress. Mr. Elias was a prisoner of an Orange County, California, jail who suffered anemia and …
Article • December 15, 2007
Female Montana Prisoner Attacked by Male Prisoner Paid $30,000 by A female Montana prisoner who was attacked by a male prisoner during a prison altercation was paid $30,000. Ms. Perez, a female Montana prisoner, was attacked by a male prisoner during a prison altercation. She suffered facial contusions and emotional …
Article • December 15, 2007
False Arrest and Broken Jaw Results in $300,000 Michigan Jury Verdict by A Michigan man who sustained a broken jaw and related injuries during a false arrest was awarded $300,000. Mr. Sharp was falsely arrested and detained for two weeks in a Detroit, Michigan jail. While confined and under guard …
Article • December 15, 2007
Suit Filed by Pro Se Prisoner When Received by Court by At 241 n. 1: "Where, as here, a prisoner proceeds pro se, the Court deems the prisoner as having filed a court document on the date that he delivered it to prison officials for mailing." Here the Houston v. …
Summary Judgment Reversed on Denial of Prisoner Atheist Group by Bob Williams By Bob Williams The United States Court of Appeals for the Seventh Circuit has reversed a summary judgment against a Wisconsin state prisoner whose request to form a prisoner atheist group was denied by the Wisconsin Department of …
Article • December 15, 2007
California Supreme Court Ignores Statutory Language to Reduce Lifers' "Expectation" of Parole to Only a "Hope" by In a 4-3 decision, the California Supreme Court interpreted California's lifer parole statute (Penal Code § 3041) so as to ignore the Legislature's mandate to "normally set a parole release date" at the …
California Fair Employment and Housing Act Claim Analyzed by California's First District Court of Appeals has reversed a finding of workplace retaliation and expanded upon the elements of a claim under the California Fair Employment and Housing Act (FEHA). This action was initiated by Dr. Margie McRae, who alleged discrimination …
Article • December 15, 2007
CA DOC Must Arbitrate Grievances with Guards by The California Correctional Peace Officers Association (the Union) represents prison guards in conditions-of-employment negotiations with the state Department of Personnel Association (the Department). Even though Government Code section 3529 provides that guards themselves can't attend such negotiations, the Department agreed to allow …
Article • December 15, 2007
Ohio Probation Violator Entitled to Credit for Time Served in Halfway House by The Ohio Court of Appeals held that after a convicted prison guard violated his probation, he was nonetheless entitled to credit for time served earlier in a halfway house, since it amounted to "confinement." Guard Richard Holda …
Article • December 15, 2007
California Prisoner Who Broke Already Damaged Jail Cell Door is Not Liable for Full Cost of Replacement by The California Court of Appeal, District 5, reversed a Kings County, California felony conviction of a county jail prisoner for intentionally damaging jail property worth more than $400 (Penal Code § 4600), …
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