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Texas Parolee Challenges His Designation as Sex Offender by On September 3, 2002, Texas parolee Miller Branch, Jr., filed an amended civil rights complaint in federal district court pursuant to 42 U.S.C. § 1983 challenging his designation as a "sex offender" by parole officials and the requirement that he register …
Article • May 15, 2010
Supreme Court of Washington Reverses Case Due to Erroneous Jury Instructions by On September 3, 2009, the Supreme Court of Washington State handed down a unanimous en banc decision holding that a defective jury instruction on the law of self defense submitted by the defense attorney requires reversal. Kenneth Kyllo, …
Article • May 15, 2010
7th Circuit Denies Habeas Relief of Illinois Prisoner’s Good-Conduct Revocation by On October 22, 2009, the 7th Circuit affirmed an Illinois district court’s ruling denying habeas corpus relief to state prisoner, Lasard Lucas. During 20 years of incarceration, from 1985 to 2005, Lucas lost more than 12 years of good-conduct …
Civilly Committed Washington State Prisoner's Arson Conviction Upheld by On October 6, 2009, a Washington State court of appeals upheld a prisoner's arson conviction for setting fire to a blanket in his civil commitment room. James Moseley, a resident of the McNeil Island Special Commitment Center (MISCC), used matches to …
Article • May 15, 2010
Massachusetts Supreme Judicial Court Rules No Privacy Right Exists for Jail Phone Calls by On September 11, 2009, the Supreme Judicial Court of Massachusetts held that jail prisoners had no right to privacy with respect to the recording of the non-legal phone calls they made while in jail, and the …
Judge Recommends Denial of Suppression Motion Related to Recordings Obtained from CCA by U.S. Magistrate Judge Robert E. Larsen has recommended the denial of a motion to suppress phone recordings of a plot to harm a federal witness obtained by the government through a Rule 17 subpoena without a court …
Greene v. City of New York, NY, Memo & Order, False Arrest Wrongful Conviction, 2010 Case 1:08-cv-00243-RJD-CLP Document 104 Filed 05/12/10 Page 1 of 12 PageID #: 600 Case 1:08-cv-00243-RJD-CLP Document 104 Filed 05/12/10 Page 2 of 12 PageID #: 601 Case 1:08-cv-00243-RJD-CLP Document 104 Filed 05/12/10 Page 3 of …
Assessment of Prison Account Without Seizure of Funds Implicates Due Process in Third Circuit by Mark Wilson In an important case of first impression, the U.S. Court of Appeals for the Third Circuit held that an assessment of a prisoner’s trust account without an actual seizure of funds implicates a …
Arkansas Prisoner Awarded $625 for Refusing to Clean His Cell on the Sabbath by On April 13, 2009, U.S. District Court Judge Harry F. Barnes adopted a magistrate’s report and recommendation that found an Arkansas prisoner should be awarded $625 after being punished for refusing to work on the Sabbath. …
Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur by John E Dannenberg by John E. Dannenberg A pro se Pennsylvania state prisoner won a jury verdict of $5,000 in compensatory damages plus $100,000 in punitive damages against a prison official who openly and repeatedly retaliated against him after he …
California Court of Appeals: Minor Misconduct "Some Evidence" Supporting Parole Denial by California Court of Appeals: Minor Misconduct "Some Evidence" Supporting Parole Denial On March 5, 2009, a California Court of Appeal held that a prisoner's receiving a minor misconduct notation (form CDC 128-A) since his previous parole review was …
Pennsylvania County Prisons Mired in Conditions Litigation by David Reutter by David M. Reutter Whether or not a large number of lawsuits is indicative of management or operational problems at a prison or jail is a matter of debate that depends on one’s perspective – that is, which side of …
Ninth Circuit: “Three Strike” Conviction Does Not Allow Use of Old Offenses for Impeachment Purposes in § 1983 Suit; Heck Does Not Bar Admission of Evidence by John Dannenberg Ninth Circuit: “Three Strike” Conviction Does Not Allow Use of Old Offenses for Impeachment Purposes in § 1983 Suit; Heck Does …
Article • October 15, 2009 • from PLN October, 2009
“Habeas Hints” by Kent A. Russell by Kent Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on habeas corpus under AEDPA, the 1996 habeas corpus law which now governs …
Sixth Circuit: Dismissal of Due Process and Equal Protection Claims Upheld; Exhaustion of Administrative Remedies Issue Remanded by The Sixth Circuit of Appeals has affirmed a district court’s dismissal of a prisoner’s due process and equal protection claims, but reversed the dismissal of Eighth Amendment claims based on failure to …
Article • October 15, 2009 • from PLN October, 2009
Duration of Confinement in Segregation Affects Due Process Inquiry by On May 12, 2008, the U.S. Court of Appeals for the Sixth Circuit held that the length of a prisoner’s confinement in administrative segregation (ad seg) affects whether there has been a due process violation. Carey Harden-Bey, a Michigan prisoner …
Gell v. Town of Aulander, NC, Settlement, Malicious Prosecution Wrongful Conviction, 2009 IN THE UNITED STATES DISTRICT COURT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA CAROLINA DIVISION NORTHERN DIVISION 2:05-CV-21-FL(1) CASE NO.: 2:05-CV-21-FL(1) JAMES ALAN GELL, Plaintiff, v. ) ) ) ) ) TOWN OF AULANDER, AULANDER ) POLICE …
Texas’ Parole Condition X Violates Due Process by Gary Hunter Texas’ parole Condition X has come under scrutiny in a federal court case. On December 12, 2008, a U.S. magistrate judge issued a 30-page order granting partial summary judgment in favor of parolee David Brian Jennings, after concluding that the …
California: Parole Board’s Policy Barring Friendly Oral Witness Testimony At Lifer Hearings Ruled An “Underground Regulation” by Marvin Mentor The California Office of Administrative Law (OAL) struck down the unwritten policy of the California Board of Parole Hearings (BPH) that denied all requests for friendly oral witness testimony at lifer …
Vermont Supreme Court: “Nutraloaf” Diet Is Punishment that Requires Hearing by On March 13, 2009, the Vermont Supreme Court held that placing a prisoner on a “Nutraloaf” and water diet constitutes punishment that requires a hearing before the punitive diet is imposed. William Borden, Richard Pahl and Brian Pelletier, Vermont …
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