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Article • May 15, 2007
Shackling Criminal Defendant Upheld by The petitioner's trial was not rendered unfair by his shackling, since he assaulted one of the prosecution witnesses when he left the witness stand in full view of the jury. His left hand was unshackled so he could take notes and assist counsel, and he …
Injunction in PA Re-Arrest Class Action Reversed by The Philadelphia DA has a practice of rearresting persons whose charges have been dismissed at a preliminary hearing without seeking a prior judicial determination of probable cause. The named plaintiff was rearrested on a new charge worded identically to the first one …
Arrestee Strip Search Upheld in Maryland by The plaintiff was arrested on an outstanding warrant and detained for about 14 hours. Her neck brace and medication were confiscated and not returned during that period. The pain the plaintiff suffered from lack of medication and neck brace was not a serious …
Article • May 15, 2007
MN Lawyers Disciplined for Misuse of Legal Correspondence with Prisoner by In 2003-04, Eric C. Thole was a prosecuting attorney and John Lillie was a criminal defense attorney, both in Washington County, Minnesota. They established a capital ventures firm in partnership with Matthew Runningshield, who was serving time in a …
Article • May 15, 2007
Kentucky Pschiatrist Gets Qualified Immunity in Forced Medication Suit by In April of 2003, Anthony Hills was in a Kentucky jail on state burglary charges. He was sent to the Kentucky Correctional Psychiatric Center (KCPC) for evaluation. He told Dr. Robert Sivley that God told him that the burglary victim …
Article • May 15, 2007
IL Civil Commitment Law Upheld by In 1998 Herbert Varner, an Illinois state prisoner, was finishing a thirteen-year sentence for sexually abusing his five-year-old niece when the state initiated civil commitment proceedings against him under ILCS § 207/1, et seq. A jury found that Varner suffered from a mental disorder …
Article • May 15, 2007
GA Prisoner Gets 5 Years Fed Time for Mailing Threatening Letter to Judge by In March of 2005, Tracey Dudley, a Georgia State prisoner, mailed a threatening letter from the prison to Judge Louisa Abbot. In it was talcum powder which he claimed was anthrax. Half of the courthouse was …
Article • May 15, 2007
Fed. Parolee's Waiver of Right to Counsel at Revocation Hearing Must be Knowing and Voluntary under the Circumstances by Fed. Parolee's Waiver of Right to Counsel at Revocation Hearing Must be Knowing and Voluntary under the Circumstances Tony Hodges, a federal parolee, was summoned to a federal district court for …
Article • May 15, 2007
FBI Must Take Reasonable Steps to Locate Information on Records Requested Under FOIA by FBI Must Take Reasonable Steps to Locate Information on Records Requested Under FOIA John Davis, an author, requested from the FBI surveillance tapes used to prosecute mob boss Carlos Marcello, pursuant to the federal Freedom of …
DE FOIA's Citizens-Only Clause Declared Unconstitutional by In 2003, Matthew Lee, a New York attorney and consumer advocacy journalist, requested under Delaware's Freedom of Information Act (FOIA), Del. Code Ann. § 10003 et seq., documents relating to Delaware's joining a deceptive lending practice settlement. The Delaware State Solicitor, Malcom Cobin, …
CA Prisoner's Mental Health Records Exempt From Disclosure by In July of 2002, Ramon Gavira Camarillo, a Los Angeles County (County), California prisoner, was found hanging in his cell in the County jail. His widow, Mrs. Gavira, sued the County in state court claiming that the jail staff failed to …
Article • May 15, 2007
CA Prison Supervisors Not Entitled to Pay Raise Identical to that of Subordinates by CA Prison Supervisors Not Entitled to Pay Raise Identical to that of Subordinates In 2003-04, California prison guards received a pay raise of 6.8%. Due to financial problems with the state Dept. of Personnel Admin. (DPA), …
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 …
PA Female Lt. Awarded $37,234 in Faulty Sex Termination by A female Lieutenant at the Allegheny County Jail was awarded $37,234 and reinstated to her job after a County Personnel Board found she was improperly terminated for allegedly having sex with a prisoner. While in the Allegheny County Jail, prisoner …
Article • May 15, 2007
$35,000 Settlement in Maine Jail Strip-Search Case by After he was arrested on a misdemeanor charge, Geoffrey V.V. Wood was strip-searched at Maine's Hancock County Jail. Wood filed suit, alleging the strip search procedures were illegal and unconstitutional. He settled his lawsuit in May 2004 for $35,000. See: Wood v. …
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
Federal Law Requiring Felons Submit DNA Sample Constitutional by The Sixth Circuit Court of Appeals has held that a federal statute, 42 U.S.C. § 14135a, that requires persons convicted of federal felonies to submit a DNA sample is constitutional. That ruling comes in the appeal of Bobbie J. Conley, who …
Disciplinary Rule Description Rather than Title Controls by The West Virginia Supreme Court of Appeals has held that "it is the content of what is contained under a title that is critical in most instances, not the title" of a "disciplinary rule"(DR). That ruling comes in the appeal of a …
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 …
Article • May 15, 2007
NY Prisoners Entitled to Assistant to Help Prepare Their Defenses in Tier 3 Disciplinary Hearings by NY Prisoners Entitled to Assistant to Help Prepare Their Defenses in Tier 3 Disciplinary Hearings Louis Avincola, a New York state prisoner, was infracted for fighting. At the ensuing Tier 3 disciplinary hearing the …
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