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Article • April 15, 2011 • from PLN April, 2011
Oregon Parole Board Improperly Excluded Witnesses at Revocation Hearing by The Oregon Supreme Court, sitting en banc, held that the Oregon Board of Parole (Board) had improperly deprived a parolee of his right to call witnesses at a revocation hearing. Parolee Thomas Edward O’Hara was arrested on March 9, 2005 …
Brief • April 15, 2011
Filed under: Malicious Prosecution
Deskovic v. City of Peekskill, NY, Approval of Settlement, malicious prosection, 2011
Article • March 15, 2011 • from PLN March, 2011
U.S. Supreme Court: No Federal Habeas Relief for California Lifer Parole Denials by John Dannenberg by John E. Dannenberg In a unanimous per curiam opinion, the U.S. Supreme Court (USSC) summarily reversed rulings by the Ninth Circuit Court of Appeals in two California parole cases in which the Ninth Circuit …
California Prison Officials Pay $10,000 to Settle Prisoner’s Retaliation, Conditions Suit by In April 2010, California state prisoner Charles Chatman accepted an offer of judgment from the defendant prison officials he had sued in federal court for allegedly retaliating against him in violation of the First Amendment because he filed …
Fifth Circuit Holds Texas Parole Revocation Witness Denial Violates Due Process by The Fifth Circuit Court of Appeals has held that the Texas Board of Pardons and Paroles (BPP) failed to comport with the due process requirements of Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593 (1972) when it …
Kentucky Guards Sentenced to Federal Prison in Detainee Abuse Prosecution by A Kentucky federal court has sentenced five guards from the Fayette County Detention Center (FCDC) who were prosecuted in connection with systematic abuse of prisoners at the facility. FCDC Sgt. John McQueen, 33, and Cpl. Clarence McCoy, 31, were …
$50,000 Settlement in Suit Alleging CCA Counsel Falsified Court Documents by The District of Columbia paid $50,000 to settle a lawsuit by prisoner George Carter that claimed Corrections Corporation of America (CCA) counsel falsified court orders in his habeas corpus proceeding. While at D.C.’s Central Treatment Facility (CTF) Carter was, …
New York City Pays $9.9 Million to Settle Wrongful Conviction Suit by The City of New York will pay $9.9 million to a man who was wrongfully accused, arrested, convicted and imprisoned as the result of actions by disgraced former New York City police detective Louis J. Eppolito, who is …
California Wrongful Conviction Lawsuit Settled for $7.95 Million by A long-running lawsuit against the City of Long Beach, California for Thomas Goldstein’s wrongful murder conviction was settled in June 2010 for $7.95 million. After serving 24 years in prison following his 1980 conviction, Goldstein was finally released based on new …
Article • February 15, 2011 • from PLN February, 2011
Fifth Circuit Holds Texas Parole Revocation Witness Denial Violated Due Process by The Fifth Circuit court of appeals held that the Texas Board of Pardons and Paroles (BPP) failed to comport with the due process requirements of Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), …
Seventh Circuit Holds That A Prisoner’s Verbal Complaints About Racist Guards May Be Protected Speech by Retaliation for verbally complaining about a prison guard who hung a noose where prisoners could see it, the Seventh Circuit has held, may constitute an infringement of a prisoner’s First Amendment free speech rights. …
Article • February 15, 2011 • from PLN February, 2011
Denial of Qualified Immunity Reversed in Michigan Prison Wage Suit by The U.S. Court of Appeals for the Sixth Circuit reversed a district court’s denial of qualified immunity for Michigan prison officials accused of violating a prisoner’s due process rights. In April of 2001, David Pickelhaupt was given a physical …
Brief • January 20, 2011
California v. North Side Oakland, CA, Appellants Opening Brief, gang affiliation proof, 2011 JULIA SHERWIN (State Bar No. 189268) MICHAEL J. HADDAD (State Bar No. 189114) GINA ALTOMARE (State Bar No. 273099) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Fax: (510) 452-5510 Attorneys for Defendant-Appellant …
Article • December 15, 2010 • from PLN December, 2010
Florida Disciplinary Record Must Prove Constructive Possession of Contraband by Florida’s First District Court of Appeal granted a writ of certiorari to a prisoner who challenged a circuit court’s denial of his mandamus petition that sought to reverse a prison disciplinary conviction. The First District held there was insufficient proof …
Article • December 15, 2010 • from PLN December, 2010
Oregon Jail Beating Nets $500 Jury Award Plus $27,500 in Attorney Fees by Mark Wilson In December 2009, a federal jury in Portland, Oregon awarded a hearing-impaired jail prisoner $500 for a beating inflicted by guards during the booking process. The defendants also paid attorney’s fees of $27,500. On September …
Child Porn Investigations May Snare the Innocent by Michael Rigby by Mike Rigby A new threat looms in the Internet age – the threat of improper prosecutions and wrongful convictions for the unwitting receipt, possession or attempted possession of child pornography. Everyone is at risk, as these offenses can be …
Crime Labs in Crisis: Shoddy Forensics Used to Secure Convictions by Matthew Clarke To millions of people whose knowledge of crime labs comes from television shows such as CSI, Bones, Crossing Jordan and the venerable Quincy M.E., the forensic experts who work at such labs seem to be infallible scientists …
Article • October 15, 2010 • from PLN October, 2010
Washington Prisoners Need Not Show Prima Facie Case Upon Challenging Prison Discipline by David Reutter by David M. Reutter On February 4, 2010, the Washington State Supreme Court held that prisoners challenging prison disciplinary decisions do not have to make a prima facie case of prejudice to obtain review in …
Article • October 15, 2010 • from PLN October, 2010
Successful Appellate Ruling Invalidating Statute Creates Prevailing Party for Attorney Fee Award by David Reutter by David M. Reutter The Washington State Supreme Court has held that a litigant who successfully gets an appellate court to vacate a prison disciplinary infraction and declare a statute unconstitutional is a prevailing party …
$10 Million Settlement for Former Colorado Prisoner Cleared by DNA by David Reutter by David M. Reutter On February 16, 2010, Colorado’s Larimer County Commission approved a $4.1 million settlement with a former prisoner who served 10 years of a life sentence for a murder he didn’t commit. The settlement …
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