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Florida Sexual Predators Act Upheld by Everett Milks, a Florida sex offender, challenged Florida's Sexual Predators Act (Act) in Florida's Second District Court of Appeals (2nd Dist.). He claimed the Act's requirement that he register as a sex offender without a hearing to decide if he was dangerous violated his …
Suit Challenging WI Civil Commitment Conditions Dismissed by The plaintiff, committed involuntarily as a sexually violent person, challenged various institutional practices. The plaintiff's complaint that he was required to disclose his history of sexual assaults, charged and uncharged, before he could be eligible for the main treatment program and be …
Previous Convictions And Serious Difficulty Controlling One's Actions Sufficient In SVP Determinatio by Previous Convictions And Serious Difficulty Controlling One's Actions Sufficient In SVP Determination A California State prisoner claimed due process violation when the court failed to instruct a jury that they had to find him "dangerous beyond his …
Sex Offender's Suit Over Conditions and Attack Dismissed by The plaintiff, known as a sex offender, was assaulted by other prisoners and was provided inadequate medical care. His medical claim fails because he sued the wrong people, and his inmate assault claim fails because the relevant events were time-barred. Also, …
NY Sex Offender's Risk Level Three Classification Affirmed by John Laraby, a New York state parolee, was denied a risk level reduction by a New York state trial court at a rehearing in accordance with a ruling in another case. Laraby believed that, based on his exemplary parole record, his …
TN DNA Collection Statute Held Constitutional by Bruce Scarborough and Mack Transou, Tennessee state prisoners, are both convicted sex-offenders. Upon their admission to the state prison system both were asked to provide blood samples for DNA testing per Tenn. Code Ann. § 40-35-3231, et seq. (DNA Statute). Had they refused …
WA Sex-Offender Gets New Civil Commitment Trial With Court Appointed Witness by In 2000, John Anderson had been voluntarily committed to the Western State Hospital in Tacoma, Washington for ten years. He had a long history of sexual assaults and violent sexual fantasies. In 2000, the state filed civil commitment …
Article • May 15, 2007
WI Parole Board's Labeling Necrophiliac a Sex Offender Doesn't Violate the U.S. Constitution by WI Parole Board's Labeling Necrophiliac a Sex Offender Doesn't Violate the U.S. Constitution Richard Grennier, a Wisconsin state prisoner, killed a teenage hitchhiker and raped and mutilated her body in 1973. He's been in prison ever …
Qualified Immunity for Sex Offender Cavity Searches by The plaintiff sex offenders alleged that they were harassed because of their status and were subject to retaliatory body cavity searches. Injunctive relief was not appropriate because there was no allegation that the misconduct was ongoing. Declaratory relief is inappropriate for the …
AZ Prisoner's Denial of Transfer to Release Center by Changing His Sex-Offense Treatment Rating Sati by AZ Prisoner's Denial of Transfer to Release Center by Changing His Sex-Offense Treatment Rating Satisfies Due Process Tony Luca, an Arizona prisoner, was denied transfer to a correctional release center after prison guards changed …
Article • May 15, 2007
New York Prisoner's Prior Convictions for Sex Offenses Are Sufficient for Level 3 Classification by New York Prisoner's Prior Convictions for Sex Offenses Are Sufficient for Level 3 Classification In anticipation of the release from prison of Dale Mabb, a New York sex offender, the state Board of Examiners of …
NY Sex-Offender Properly Classified as Risk Level II Where Risk Assessment Points Place Him in That by NY Sex-Offender Properly Classified as Risk Level II Where Risk Assessment Points Place Him in That Category Alan Barnett, a New York state prisoner, was classified as a risk level II sex offender …
NY Sex Offender's Risk Level 3 Classification Based on Credible Information, Thus Affirmed by NY Sex Offender's Risk Level 3 Classification Based on Credible Information, Thus Affirmed Tercero Stafford, a New York prisoner, is serving a prison sentence for burglary. He had prior convictions for sex offenses in New York …
Seventh Circuit Applies PLRA to IL Civil Commitment Prisoners with Pending Charges by Seventh Circuit Applies PLRA to IL Civil Commitment Prisoners with Pending Charges The district court dismissed at screening for non exhaustion. At 978: "Although the judge used 28 U.S.C. § 1915A to act peremptorily, failure to employ …
Article • May 15, 2007
Pennsylvania DOC Rule Denying Sex Offenders Visits with Minors Upheld by The plaintiff, convicted of involuntary deviate sexual intercourse against his stepdaughter, was denied contact visits with his children pursuant to a prison regulation denying contact visits with minors to all prisoners ever convicted of sex offenses against minors, notwithstanding …
Two Registered Sex Offenders Murdered in Maine by Matthew Clarke by Matthew T. Clarke A violent criminal predator used Maine's sex offender registry web site to identify two sex offenders so he could murder them. Stephen A. Marshall, 20, of Cape Breton, Nova Scotia, Canada, used his laptop to methodically …
Bureau of Prisons Begins Certifying Sexually Dangerous Persons by David Beneman BOP has a new tool authorized this summer as part of the Adam Walsh Act. BOP may now ?certify? prisoners as ?sexually dangerous persons? (SDP). Certification can occur prior to sentencing, or at any time after the commencement of …
New Jersey Sex Offenders Must Be Protected and Segregated During Transports by A New Jersey federal district court has issued a preliminary injunction requiring prison officials at the Adult Diagnostic and Treatment Center in Avenel, New Jersey (ADTC) to protect and segregate ADTC prisoners when transporting them to medical appointments …
California’s “High-Risk” Sex Offender Parolees Ostracized; Parole Official Fired by John Dannenberg California's "High-Risk" Sex Offender Parolees Ostracized; Parole Official Fired by John E. Dannenberg California's 2,000 "high-risk" sex offenders (HRSOs) currently on parole are increasingly being ostracized following relentless publicity as to their whereabouts, forcing parole officials to continuously …
Article • January 15, 2007 • from PLN January, 2007
Florida DOC’s Policy Prohibiting Release of Sex Offenders Without Address Unconstitutional by David Reutter Florida DOC's Policy Prohibiting Release of Sex Offenders Without Address Unconstitutional by David M. Reutter In October, 2005, a Florida Circuit Court has held that a Florida Department of Corrections (FDOC) policy that requires a sex …
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