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Kansas Prisoner's Sexually Motivated Behavior In Custody Leads To Sex Offender Classification by The Kansas Court of Appeals ruled in State prisoner Roland Hill's state habeas corpus petition that he could be classified and managed as a sex offender while incarcerated and under post release supervision based on sexually motivated …
Parolee Sex Offender Classification Without Conviction Requires Heightened Procedural Safeguards by by Bob Williams The United States Court of Appeals for the Tenth Circuit has held that sex offender classification requires more due process for parolees than for incarcerated prisoners, but failed to delineate what process is due. In 1987, …
Some Evidence Required In "Some Evidence" Standard by Bob Williams Some Evidence Required In "Some Evidence" Standard by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed a prison disciplinary conviction for failure to meet the some evidence" standard. New Mexico state prisoner Peter Aquiar …
Article • May 15, 2007
Monetary Sanctions Against DOC Commissioner Violates Alabama Constitution by The Alabama Supreme Court held that a trial court's imposition of monetary contempt sanctions against the Commissioner of the Alabama Department of Corrections (DOC), in his official capacity, violated Section 14 of the Alabama Constitution. In the early 1990s the Alabama …
Article • May 15, 2007
Parole Review Challenge Cognizable under Federal Habeas Statute by The Ninth Circuit Court of Appeals held that federal habeas corpus is a proper remedy for prisoner seeking only equitable relief and challenging aspects of their parole review of that... could potentially affect the duration of their confinement. Montana prisoner Leland …
Article • May 15, 2007
Virginia Supreme Court Resolves Administrative Exhaustion Issues in VDOC Sexual Assault Suit by The Virginia Supreme Court reversed a trial court's dismissal of a prisoner's suit alleging sexual abuse by a Virginia Department of Corrections (VDOC) employee. VDOC prisoner Paula Billups was assigned to work in the kitchen at the …
Article • May 15, 2007
ADOC Director's Educational Background Ordered Disclosed in Medical Suit by by Bob Williams The United States District Court for the District of Arizona has ordered the ADOC's former director to disclose his educational background and also ordered disclosure of medical protocols, policies, and directives as well as specific guard information. …
Article • May 15, 2007
Ban on Public Speaking While Masked Held Unconstitutional by The U.S. District Court for the Southern District of New York granted declaratory relief and a permanent injunction on behalf of the American Knights of the Ku Klux Klan against the New York Police Department (NYPD) and the City of New …
Article • May 15, 2007
COA Denied; Stun Belt Claim Barred by Teague v. Lane by The U.S. Fifth Circuit Court of Appeals denied a certificate of appealability (COA) from a Texas state prisoner's denial of habeas corpus relief, 28 U.S.C. § 2254, on grounds that the prisoner was not denied a fair trial and …
Coerced Participation in Religious Substance Abuse Program Unconstitutional; Prison Officials Granted Qualified Immunity by Coerced Participation in Religious Substance Abuse Program Unconstitutional; Prison Officials Granted Qualified Immunity A Virginia federal district court held that officials at the Indian Creek Correctional Center violated a prisoner's First Amendment rights under the Establishment …
Daughters Of Woman Killed By Furloughed Indiana Prisoner Settle For $900,000 by Two daughters who witnessed their mother's murder by a furloughed Indiana prisoner settled their claim against the state for $900,000. The woman's attacker, her ex-husband, had been imprisoned by the state for crimes against her and the couple's …
Article • May 15, 2007
Gotti's Pretrial Detention Without Bail Warranted, PLRA Question Moot by The U.S. Second Circuit Court of Appeals held that the pretrial detention without bail of Peter Gotti, the alleged successor to John Gotti and John Gotti, Jr., as head of the Gambino Crime Family, was warranted. The appeals court ruled …
Article • May 15, 2007
Missouri Prisoner Awarded $16,000 In § 1983 Use-Of-Force Action by Missouri Prisoner Awarded $16,000 In § 1983 Use-Of-Force Action On April 4, 1990, the U.S. District Court for the Western District of Missouri awarded $16,000 to a prisoner who was shackled to a bed and beaten by guards at the …
New York Prisoner Awarded $295,000 For Knee, Ankle Injury by On July 29, 1999, a court of claims in White Plains, New York, awarded $295,000 to a prisoner who suffered knee and ankle injuries when a stack of cartons containing frozen meat fell on her. New York state prisoner Karen …
Article • May 15, 2007
Passing Through Metal Detector Partly Disrobed Not "Strip Search" by Passing Through Metal Detector Partly Disrobed Not "Strip Search" The U.S. Eighth Circuit Court of Appeals, affirming the U.S. District Court for the Eastern District of Arkansas, held that a state prison guard's requirement that an eight-year-old female visitor pass …
Article • May 15, 2007
Filed under: Sentencing, Parole
Pre-Release Recession of Parole Allowed if Parole Not a Right by The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court for the Southern District of Ohio, held that recession of Ohio prisoners' paroles prior to release from prison without notice or opportunity for a hearing did not …
Prisoner's Disciplinary Conviction for Possession of Unauthorized Medication Affirmed by The U.S. Eighth Circuit Court of Appeals, affirming the U.S. District Court of Minnesota, held that a federal prisoner could be disciplined for possessing psychotropic medications at one prison that were prescribed for him at a different prison. Daniel Wesley …
§ 1983 Complaint Not Frivolous, Stated Claim, Can Be Amended by The U.S. Court of Appeals for the Sixth Circuit held that a prisoner's civil rights suit was not frivolous, that it stated a claim, and that the prisoner could amend his complaint a third time. Richard Lawler, an Ohio …
Article • May 15, 2007
AEDPA Time Limitations Not Tolled by Motion to Reopen Appeal by The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court for the Southern District of Ohio, held that an Ohio prisoner's motions in state court to reopen his direct appeal and to withdraw his plea or vacate …
Article • May 15, 2007
City Liable For Police Rape, $300,000 In Damages Awarded by The Supreme Court of California held that the City of Las Angeles could be held liable under the doctrine of respondeat superior for a rape committed by a police officer employed by the city. After stopping Plaintiff for driving erratically, …
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