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Article • May 15, 2007
Filed under: Media
Supreme Court Sets Summary, Judgment Standard of Proof by Respondents Liberty Lobby, a nonprofit corporation, and its founder and treasurer, Willis Carto, filed a federal diversity libel suit against the company publishing The Investigator magazine (Petitioners), and some of its officers after the magazine ran articles depicting Respondents as neo-Nazis, …
Article • May 15, 2007
Filed under: Sentencing, Good Time
No Presentence Entitlement to NJ Prison Commutation Credit by Robert Buncie and three other New Jersey state prisoners filed a state court action claiming equal protection and due process violations for not receiving prison commutation credit prior to sentencing. The trial court held that prisoners are not entitled to such …
Article • May 15, 2007
Pennsylvania Prisoner Allowed Untimely Appeal Of Disciplinary Decision by The Commonwealth Court of Pennsylvania held that a state prisoner should be allowed to file an out of time appeal because he had received no answer regarding the administrative disposition of his appeal of a disciplinary decision. Eric Tulio, a prisoner …
Article • May 15, 2007
Washington Prisoner Prevails In Alleged Failure To Register As Sex Offender by Washington State prisoner Gilbert Stratton was convicted by a Cowlitz County trial court of failure to register as a sex offender. Stratton had defaulted on the purchase of a residence but received permission from the real estate agency …
Article • May 15, 2007
Denial Of Disability Benefits For Intent to Flee Questioned by Felipe Fowlkes, an elderly New York resident, appealed the denial of his Federal civil rights petition suspending his Supplemental Security Income (SSI) benefits for allegedly having the intent to flee to evade arrest or prosecution of a Virginia felony larceny …
Article • May 15, 2007
Denial of Vegan Diet Meets PLRA's Physical Injury Requirement by An Illinois federal district court has held that a prisoner's allegation that he was deprived of a vegan diet meets the physical injury requirement under the Prison Litigation Reform Act (PLRA). Illinois prisoner Stanley Wofford brought suit under the Religious …
Article • May 15, 2007
Michigan Prisoner Wearing Leg Irons During Jury Trial Harmless Error by Michigan State prisoner David Lakin appealed the denial of his Federal habeas corpus petition alleging a due process violation for being forced to wear leg irons during a jury trial. Lakin and four other prisoners attempted to escape from …
Article • May 15, 2007
No Prejudgment Interest Awarded To Washington Prison Contractor Prior To Court Judgment by No Prejudgment Interest Awarded To Washington Prison Contractor Prior To Court Judgment Flour Daniel, Inc., a contractor, challenged an arbitrator's award of six million dollars to build the Stafford Creek Corrections Center in Washington State. Flour characterized …
Article • May 15, 2007
Ohio Prison Liable For Loss Of Prisoner Property by Ohio State prisoner Kevin Scudder filed a State court action against the State Department of Corrections to recover the estimated replacement cost of property lost after delivery to the prison. Scudder's son and a church official sent a package to him …
Article • May 15, 2007
Prisoner Civil Rights Claim For Harassment, Retaliation, Feces in Food And Excessive Force Denied by Prisoner Civil Rights Claim For Harassment, Retaliation, Feces in Food And Excessive Force Denied Texas state prisoner David Trevino filed a Federal civil rights petition against numerous Texas prison officials for allegedly engaging in harassment, …
Article • May 15, 2007
Prisoner Guilty Of Introduction Of Marijuana Into County Jail by State prisoner Gary Yarbro was found guilty of introducing marijuana into the Hardin County (Tennessee) jail in a tube of toothpaste upon reporting to serve a forty-five day sentence on an unrelated charge. Yarbro was allowed to bring a clothes …
Article • May 15, 2007
Searching Vehicle Of Prison Visitor Suspected Of Illegal Drug Possession Upheld by New Jersey resident Janice Daniels appealed a State court denial of her motion to suppress heroin seized from her vehicle's interior. Mrs, Daniels and her husband were visiting her son who was incarcerated at the Garden State Youth …
Article • May 15, 2007
Prisoner Telephone Calls In County Jail Can Be Recorded by Federal prisoner Gary Friedman filed a motion to suppress tape recordings of certain telephone conversations that he made to his brother (an attorney) while in county jail. The trial court denied Friedman's suppression motion. Friedman appealed, claiming that the tape …
Article • May 15, 2007
California Guard Charged with Excessive Force in County Prisoner Death by Greg Fuher, a guard at the California San Joaquin County jail, was charged with assaulting prisoner Mondez Denmon while attempting to subdue him when he allegedly became threatening and assaultive while in custody. A grand jury indicted Fuher and …
Article • May 15, 2007
Excessive Force Against Detainee By Police Upheld by Manuel Orsonio, who was arrested and never charged with a crime, filed a State court lawsuit against Ernest Armond and two other Long Beach, California police officers, alleging excessive force and negligent infliction of emotional distress. Orsonio was awarded $282,000 in damages. …
Article • May 15, 2007
Louisiana Sheriff Sues Parish For Revenue Generated From Jail Operation by Bob Williams By Bob Williams On December 1, 2004, the Louisiana Supreme Court held the Caddo Parish Sheriff's (Steve Prator) state court lawsuit against Caddo Parish was decided in error by the State appellate court. Prator alleged in his …
Disabled Prisoner Claim Not Actionable Under Federal Civil Rights Action by State prisoner Timothy Reaves filed a State court action alleging claims under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and the U.S. and Massachusetts Constitutions. Reaves is a quadriplegic with a brain injury suffered in a …
Article • May 15, 2007
No Unconstitutional Deprivation for County Jail Overcrowding by Daniel Sams, a prisoner sentenced to the West Virginia State Department of Corrections, and five other similarly-situated prisoners, filed a State court mandamus action to compel their transfer out of county jail to D.O.C. due to overcrowding. The State Supreme Court appointed …
Article • May 15, 2007
Seizure of Prisoner's Pretrial Discovery Materials Upheld by State prisoner David Savage filed a motion for relief from prosecutorial misconduct alleging Macon County Illinois jail officials confiscated discovery materials given to him by his counsel prior to trial. The confiscation was based upon advice from the State Attorney's Office that …
Article • May 15, 2007
Preemptive Prisoner Assault Not Justified As Self Defense by In an unpublished opinion by the California Court of Appeals, State prisoner Travis Thompson, an African-American, was denied a defense of preemptive assault upon a Hispanic prisoner, allegedly to prevent such an attack upon him. Thompson was found guilty of assault …
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