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Article • May 15, 2007
Oklahoma Escape Conviction Reversed for Jail Trusty by The Oklahoma Court of Criminal Appeals has reversed a conviction for a misdemeanant's escape from the Grady County Jail because the language of the escape statute didn't encompass such an escape. On August 20, 2003, Gary Barnard was serving time in the …
Article • May 15, 2007
Force Feeding of Washington Prisoner Upheld by The Washington Court of Appeals upheld a Washington Department of Corrections (WDOC) policy allowing the force-feeding of hunger-striking prisoners. Charles McNabb set fire to his estranged wife's home, seriously burning his 16-year-old step-daughter, who was inside. Guilt and grief stricken for hurting her, …
Article • May 15, 2007
Filed under: Telephones, Telephone Rates
A Look Inside Washington's Prison Phone Bidding System by In an unpublished opinion, the Washington Court of Appeals held that the Washington Department of Correction (DOC) properly rescinded a Request for Proposals (RFP) to contract for prisoner telephone services. In March 2004, DOC issued an RFP to solicit bids for …
Article • May 15, 2007
Continuing Claim Doctrine Applies to Deductions from Military Pay for Incarceration Costs by Continuing Claim Doctrine Applies to Deductions from Military Pay for Incarceration Costs The United States Court of Appeals for the Federal Circuit has held that periodic deductions from a federal prisoner's military retirement pay constituted continuing claims, …
Article • May 15, 2007
No Medical Co-Pay for Indigent Illinois Prisoners by The Illinois Appellate Court reversed a lower court's denial of injunctive relief on a pro se prisoner's claim that indigent prisoners are improperly being charged $2.00 medical co-payments. Illinois statutes and rules authorize the Illinois Department of Corrections (IDOC) to deduct a …
Article • May 15, 2007
NY Prisoner Gets § 1983 Claim Reopened on Newly Discovered Evidence by NY Prisoner Gets § 1983 Claim Reopened on Newly Discovered Evidence William Hemric, a New York state prisoner, filed suit after being beaten. He alleged that while housed at Rikers Island jail on May 13, 1995, he was …
No Absolute Immunity for Parole Officials by The Seventh Circuit Court of Appeals reversed a lower court's dismissal of a suit against several parole officials, finding they were not entitled to absolute immunity. In 1990, Lance Dawson was convicted of Indiana criminal charges and placed on probation for 3 years, …
BOP Substance Abuse/Early Release Regulation Violates APA by The Ninth Circuit Court of Appeals held that a 1997 Bureau of Prisons (BOP) regulation precluding substance abuse treatment and early release to prisoners convicted of firearm offenses violated the notice and comment provisions of the Administrative Procedures Act (APA). In 1990, …
Failure to Provide Medical Records Waives Florida's Medical Malpractice Pre-Suit Requirements by Failure to Provide Medical Records Waives Florida's Medical Malpractice Pre-Suit Requirements Florida's Fourth District Court of Appeal has held that a Palm Beach Circuit Court improperly dismissed a prisoner's medical malpractice suit for failing to comply with pre-suit …
Article • May 15, 2007
Filed under: Sentencing, Bail
Cash Only Bail Violates Ohio Constitution by The Ohio Supreme Court held that cash-only bail violates Article I, Section 9, of the Ohio Constitution and Crim.R.46. On May 16, 2001, Gary Smith was arrested for the shooting of four individuals and his bond was set at $250,000. One of the …
Article • May 15, 2007
Parole Revocation Hearing Required by 18 U.S.C. § 4214(c) by Parole Revocation Hearing Required by 18 U.S.C. § 4214(c) The Sixth Circuit Court of Appeals held that the United States Parole Commission erred in failing to hold a parole revocation hearing as required by 18 U.S.C. §4214(c), after a parolee …
Article • May 15, 2007
Florida Parole Commission Cannot Substitute Its Factual Findings for Hearing Examiners by Florida Parole Commission Cannot Substitute Its Factual Findings for Hearing Examiners A Florida federal district court has granted a prisoner a writ of habeas corpus based upon the Florida Parole Commission (FPC) substituting its own facts for the …
Article • May 15, 2007
California Jail/Prison Credits May Not be Limited Based Upon Convictions for Which Punishment was St by John Dannenberg California Jail/Prison Credits May Not be Limited Based Upon Convictions for Which Punishment was Stayed by John E. Dannenberg The California Court of Appeal held that when a prisoner is convicted of …
Article • May 15, 2007
Prison Officials May Require Visitors to Submit to Vehicle Searches by The Third Circuit Court of Appeals has held that prison officials may require visitors to submit to a vehicle search prior to entering prison grounds. This action was brought pro se by Teresa and Larry Neumeyer, residents of Michigan …
Article • May 15, 2007
RLUIPA Kouplock Injunction Reversed; Deference to Prison Officials Required by David Reutter By David M. Reutter The Sixth Circuit Court of Appeals has reversed an Ohio federal district court's temporary injunction that allowed a Native American Indian prisoner to grow and maintain a kouplock. The district court, using RLUIPA as …
Article • May 15, 2007
Second Circuit Discusses Contempt Sanctions by The court recites Second Circuit contempt boilerplate (655). Contempt sanctions may serve both coercive and compensatory purposes, but a sanction paid to the other party "should correspond at least to some degree with the amount of damages," and proof of loss must be present …
Texas Supreme Court: Sex Offender Civil Commitment Statute Is Constitutional by By Matthew T. Clarke On May 20, 2005, the Supreme Court of Texas (SCT) held that the Texas Civil Commitment of Sexually Violent Predators Act (the Act), Chapter 841, Texas Health and Safety Code, is not punitive and therefore …
Article • May 15, 2007
Fed Prisoner's Standard Range Sentence for Escape Affirmed by In April, 2004, Lonnie Davis, a federal prisoner, was sent to a work release center after serving eleven years of a twelve-and-a-half year sentence for bank robbery. In May he escaped. He was later arrested and charged with escape. Davis was …
Fed Prisoner's Five Years in Segregation During Murder Investigation Not Unconstitutional by Fed Prisoner's Five Years in Segregation During Murder Investigation Not Unconstitutional Mark Jordan, a federal prisoner, was housed in a segregation unit for five years while his involvement in a prison murder was investigated. Prison officials testified that …
$275,000 Awarded to Washington Prisoner For Negligent Medical Care After Falling In Jail by $275,000 Awarded to Washington Prisoner For Negligent Medical Care After Falling In Jail Plaintiff and Washington State prisoner Michael Shea fell in jail injuring his spine and causing permanent damage. He brought action against the City …
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