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Reprieved Oregon Prisoner Wages Legal Fight to be Executed

Article • June 15, 2013 • from PLN June, 2013

Filed under: Sentencing, Pardons/Clemency, Death Penalty

Reprieved Oregon Prisoner Wages Legal Fight to be Executed by As previously reported in PLN, on November 22, 2011, Oregon Governor John Kitzhaber imposed a moratorium on the death penalty for the remainder of his term in office. In doing so he canceled the scheduled execution of Gary Haugen, 50, …

Oregon Rape Victim's Rights Clash with Rights of Accused Rapist

Article • June 15, 2013 • from PLN June, 2013

Filed under: Victims, Appeals, News, State Legislation

Oregon Rape Victim's Rights Clash with Rights of Accused Rapist by The Oregon Supreme Court, sitting en banc, has dismissed a rape victim's interlocutory appeal of a trial court's order allowing her accused rapist to review her Internet search history on her personal computer as part of his defense. In …

PLN Prevails in Challenge to Postcard-only Policy at Oregon Jail

Article • June 15, 2013 • from PLN June, 2013

Filed under: Mail Regulations, Media, PLN Litigation, Censorship

PLN Prevails in Challenge to Postcard-only Policy at Oregon Jail by On April 24, 2013, the U.S. District Court for the District of Oregon held that a postcard-only policy at the Columbia County Jail, which restricted mail sent to and from detainees at the facility to postcards, was unconstitutional. The …

Millions Owed in Unpaid Restitution in Oregon

Article • June 15, 2013 • from PLN June, 2013

Filed under: Money/Property, Restitution

Millions Owed in Unpaid Restitution in Oregon by As of early 2012, medium- and high-risk offenders in three of Oregon's 36 counties owed almost $155 million in unpaid restitution, with an average of just 16 percent of offenders statewide complying with restitution orders, according to the Oregon Department of Corrections …

Oregon Pays Record $5.85 Million for Abuse of Foster Child and Abuser's Death in Prison

Article • June 15, 2013 • from PLN June, 2013

Filed under: Medical, Tuberculosis, Failure to Treat, Medical Neglect/Malpractice

Oregon Pays Record $5.85 Million for Abuse of Foster Child and Abuser's Death in Prison by The State of Oregon has paid $3.75 million to a little girl who was injured by an abusive foster parent. Then, in an ironic twist, state officials agreed to pay another $2.1 million to …

Oregon State Police Handwriting Analysis Unit Closed, under Investigation

Article • June 15, 2013 • from PLN June, 2013

Filed under: Police Misconduct, Crime/Demographics, Crime Labs

Oregon State Police Handwriting Analysis Unit Closed, under Investigation by "We don't know if it's one isolated case or there are going to be others," said Oregon State Police (OSP) Lt. Gregg Hastings, when he announced that OSP handwriting examiners had made a mistake in a criminal case. In March …

Former Halfway House Director Sentenced to 18 Months

Article • June 15, 2013 • from PLN June, 2013

Filed under: Misconduct/Corruption, Contractor Misconduct

Former Halfway House Director Sentenced to 18 Months by A former halfway house director, who embezzled up to $213,787 from a federally-funded non-profit Oregon halfway house, pleaded guilty and has been sentenced to 18 months in prison. As previously reported in PLN, Laura Marie Edwards, 39, served as executive director …

Wilson v. Winges Yanez, OR, Mtn. for Prelim. Injunct., Sex Offender Parole Conditions, 2013

Brief • June 14, 2013

Filed under: Sex Offender Registration, Parole Conditions

Wilson v. Winges Yanez, OR, Mtn. for Prelim. Injunct., Sex Offender Parole Conditions, 2013 Case 3:13-cv-00740-KI Document 15 Filed 06/14/13 Page 1 of 14 Page ID#: 54 Lynn S. Walsh, OSB #92495 email: walsh@europa.com 209 SW Oak Street Suite 400 Portland, Oregon 97204 Telephone: 503-790-2772 Facsimile: 503-227-6840 Attorney for Plaintiff …

Barrett v. Williams, OR, Memorandum of Law, Rejecting Qualified Immunity, 2013

Brief • May 22, 2013

Filed under: Qualified Immunity, Mail Regulations, Censorship, First Amendment, rights

Barrett v. Williams, OR, Memorandum of Law, Rejecting Qualified Immunity, 2013 Case 6:11-cv-06358-HZ Document 82 Filed 05/22/13 Page 1 of 18 Case 6:11-cv-06358-HZ Document 82 Filed 05/22/13 Page 2 of 18 Case 6:11-cv-06358-HZ Document 82 Filed 05/22/13 Page 3 of 18 Case 6:11-cv-06358-HZ Document 82 Filed 05/22/13 Page 4 of …

Lawsuits Filed Over Unrelated Deaths of Two Oregon Prisoners

Article • May 15, 2013 • from PLN May, 2013

Filed under: Wrongful Death, Failure to Protect (Wrongful Death), Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides

Lawsuits Filed Over Unrelated Deaths of Two Oregon Prisoners by Just ten days before his release, A 22-year-old autistic Oregon state prisoner died in a segregation cell after injecting himself with an “undetermined drug or toxin,” according to a federal lawsuit filed by his estate and his mother. On July …

Oregon Jail Guard Gets Three Years for Sex with Prisoner

Article • May 15, 2013 • from PLN May, 2013

Filed under: Staff-Prisoner Assault, Misconduct/Corruption, Guard Misconduct, Criminal Prosecution

Oregon Jail Guard Gets Three Years for Sex with Prisoner by An Oregon jail guard has been sentenced to three years in prison for having a 19-month sexual relationship with a female prisoner. Mark W. Samuels, 54, was employed by the Marion County Sheriff’s Office as a guard at the …

Oregon: Only Voluntary Surrender Avoids Fugitive Dismissal Rule

Article • May 15, 2013 • from PLN May, 2013

Filed under: Escapes, News, State Legislation

Oregon: Only Voluntary Surrender Avoids Fugitive Dismissal Rule by In a 4-3 decision, the en banc Oregon Supreme Court held on June 7, 2012 that a defendant’s “surrender” must be voluntary in order to avoid dismissal of a pending appeal under the state’s fugitive dismissal rule. Pursuant to Oregon Rule …

Oregon Parole Board’s Notice-of-Rights Form Violates APA

Article • May 15, 2013 • from PLN May, 2013

Filed under: Sentencing, Parole, Administrative Procedures Act (Federal), State Legislation

Oregon Parole Board’s Notice-of-Rights Form Violates APA by On June 6, 2012, the Oregon Court of Appeals agreed that a notice-of-rights form (NOR) used by the Oregon Board of Parole and Post-Prison Supervision (Board) constitutes a rule. Since the NOR was not adopted in accordance with the rulemaking procedures of …

Rearrest Improperly Frustrates Oregon Speedy Trial Rights

Article • May 15, 2013

Filed under: Prosecutor/Attorney General Misconduct, Criminal Prosecution, Police, Arrest Warrants

Rearrest Improperly Frustrates Oregon Speedy Trial Rights by The En Banc Oregon Supreme Court held that the State may not thwart speedy trial rights by releasing and re-arresting criminal defendants. Oregon criminal defendants may be held in custody just 60 days before trial, ORS 136.290(1). If trial is not commenced …

Counsel May Review "Confidential" Oregon Parole Board Evidence

Article • May 15, 2013

Filed under: Sentencing, Parole

Counsel May Review "Confidential" Oregon Parole Board Evidence by Counsel May Review "Confidential" Oregon Parole Board Evidence On December 22, 2010, the Oregon Court of Appeals held that counsel for two prisoners appealing orders of the Oregon Board of Parole and Post-Prison Supervision (Board) may review confidential evidence in the …

Oregon Prison Officials Not Immune for Sentence Miscalculation

Article • May 15, 2013

Filed under: Wrongful Imprisonment, Immunity/Liability, Sovereign Immunity

Oregon Prison Officials Not Immune for Sentence Miscalculation by The Oregon Court of Appeals held that prison officials are not immune from suit for miscalculating a prisoner's sentence by 13 months. In 2000, Chester Westfall was convicted of charges in Jackson County, Oregon, and sentenced to 34 months in prison. …

Federal Government Sues and Settles for Oregon Police Excessive Force

Article • May 15, 2013

Filed under: Police, Excessive Force (Police)

Federal Government Sues and Settles for Oregon Police Excessive Force by On December 17, 2012, the United States government filed federal suit against the City of Portland, Oregon, alleging excessive force by police. Federal prosecutors also submitted a proposed settlement requiring the City to implement numerous reforms, estimated to cost …

Oregon Guards Challenge Schedule Changes Without Collective Bargaining

Article • May 15, 2013

Filed under: Guards/Staff, Employee Litigation, Guard Unions

Oregon Guards Challenge Schedule Changes Without Collective Bargaining by The Oregon Supreme Court reversed a lower court's holding that the Department of Corrections (DOC) did not commit an unfair labor practice in failing to bargain with its employees' union, the Association of Oregon Corrections Employees (AOCE). AOCE and DOC were …

Public Strip Search Nets Oregon Prisoner $9,601

Article • May 15, 2013

Filed under: Searches, Strip Searches

Public Strip Search Nets Oregon Prisoner $9,601 by An Oregon prisoner was awarded damages of $3,000, attorney's fees totaling $5,640 and $961 in costs, for a public strip search. Cody L. Martin was a minimum security prisoner of the Oregon Department of Corrections (ODOC). On April 14, 2008, Martin was …

Wilson v. Winges-Yanez, OR, Complaint, Sex Offender Parole Conditions, 2013

Brief • May 2, 2013

Filed under: Sex Offender Registration, Parole Conditions

Wilson v. Winges-Yanez, OR, Complaint, Sex Offender Parole Conditions, 2013 Case 3:13-cv-00740-KI Document 1 Filed 05/02/13 Page 1 of 11 Page ID#: 1 I Lynn S. Walsh, OSB #92495 email: walsh@europa.com 209 SW Oa1( Street Suite 400 Portlaud, Oregon 97204 Telephone: 503-790-2772 Facsimile: 503-227-6840 Attomey for Plaintiff UNITED STATES DISTRICT …