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Article • March 15, 2005 • from PLN March, 2005
Fourth Circuit Reinstates Federal Prisoner's FTCA Claim by In an unpublished decision involving a prisoner's lawsuit under the Federal Tort Claims Act (FTCA), the U.S. Fourth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of the prisoner's claim. Dwayne Manning, a federal prisoner, alleged …
Article • March 15, 2005 • from PLN March, 2005
Summary Judgment Reversed In Los Angeles Jail Over-Detention Suit by In a suit for damages against Los Angeles County Sheriff Leroy Baca for over detention of jail prisoners court-ordered for release, the Ninth Circuit U.S. Court of Appeals held that summary judgment for Baca was not available where the facts …
Article • March 15, 2005 • from PLN March, 2005
Filed under: Searches, Arrestee Searches
New York Jail's Strip Search Policy Permanently Enjoined by A federal court in New York held that the Orange County Correctional Facility's (OCCF) strip search policy violated the Fourth Amendment by authorizing strip searches without individualized reasonable suspicion that a detainee possessed contraband. The court found that the balance of …
Article • March 15, 2005 • from PLN March, 2005
Washington Community Custody Sanctions Upheld by The Washington State Court of Appeals for Division 2 has affirmed a trial court's imposition of sanctions for community custody violations, for which the State Department of Corrections (DOC) had previously sanctioned Michael David Collins. In January 2002, Collins was convicted of assault with …
Article • March 15, 2005 • from PLN March, 2005
Oregon Ban On Sexually Explicit Mail, Fantasy Games Upheld, State Law Claims Remanded by The Ninth Circuit federal Court of Appeals held that Oregon prison officials did not violate a prisoner's rights to freedom of speech and due process by refusing to deliver publications purportedly containing sexually explicit and role-playing …
Harsh Pre-trial Conditions of Confinement Justify Reduced Federal Sentence by Harsh Pre-trial Conditions of Confinement Justify Reduced Federal Sentence by Matthew T. Clarke A New York federal court has held that harsh pre-trial conditions of confinement justify a downward departure in the Federal Sentencing Guidelines. Jubelequis Mateo, a New York …
Article • March 15, 2005 • from PLN March, 2005
Pennsylvania Statute Banning Sex Between Staff and Prisoners Upheld by In a unanimous decision, the Pennsylvania Supreme Court reversed a trial court ruling that had found a Pennsylvania statute prohibiting sex between prisoners and prison staff unconstitutional. The court remanded the case to the lower court for trial. Eileen Mayfield …
Delaware Prisoner Killed In Hostage Standoff, Counselor Raped by By Michael Rigby On July 12, 2004, Scott A. Miller, a Delaware prisoner serving a 699-year sentence for rape, assault and kidnapping, was shot to death by a prison guard at the Delaware Correctional Center. The shooting ended a 6 ½ …
Article • March 15, 2005 • from PLN March, 2005
$78,435 in Attorney Fees for Successful Challenge to Pennsylvania's Megan's Law by by Matthew T. Clarke A federal court in Pennsylvania has awarded the plaintiff's attorneys $78,435 in attorney fees and costs in an action that challenged the application of the community notification provision-of Pennsylvania's Registration of Sex Offenders Act …
Article • March 15, 2005 • from PLN March, 2005
PHS and Florida Sheriff Fight Over Liability in Jail Beating Death Suit by Florida's Second District Court of Appeals has reversed the grant of summary judgment to the Florida Association of Counties Trust (FACT) and the Sheriff of Polk County in a lawsuit seeking indemnification by Prison Health Services (PHS). …
Article • March 15, 2005 • from PLN March, 2005
Mailbox Rule Applies to Texas Prisoners Civil Filings by The Texas Supreme Court has held that the mailbox rule applies to civil litigation filed by Texas prisoners in Texas state courts, overruling at least two previous court of appeals decisions. Charles Clay Warner, Jr., a Texas state prisoner, brought suit …
Article • March 15, 2005 • from PLN March, 2005
Civil Punitive Damages On Top Of Criminal Punishment Is Not Double Punishment by Civil Punitive Damages On Top Of Criminal Punishment Is Not Double Punishment by John E. Dannenberg The California Court of Appeals held that a drunk driver convicted of vehicular manslaughter was not constitutionally immune from the second …
Article • March 15, 2005 • from PLN March, 2005
Arizona Appellate Court Vacates Restitution Order In Escape Case by The Arizona Court of Appeals (COA), Division II, has vacated a trial court's restitution order requiring a state prisoner to reimburse the Arizona Department of Corrections (ADOC) for costs allegedly incurred as the result of a prison escape. On September …
Article • March 15, 2005 • from PLN March, 2005
Idaho Prisoner States Valid Retaliation Claim Against Parole Commission by Idaho Prisoner States Valid Retaliation Claim Against Parole Commission The Idaho Court of Appeals held that material fact issues regarding a prisoner's claim that he was retaliated against because of his litigious activities precluded summary judgment of his lawsuit against …
Lucasville: The Untold Story of a Prison Uprising by Karen Thimmes By Staughton Lynd; Temple University Press, 2004; soft cover, 244 pages. $16.95 Reviewed by Karen G. Thimmes Death Row in Ohio is located at Mansfield Correctional Institution, a stone's throw from the fabled Mansfield Penitentiary, where much of the …
Article • March 15, 2005 • from PLN March, 2005
Filed under: Civil Procedure, Costs
Missouri Post-Conviction Proceedings Not Encompassed By PLRA Payment Scheme by Missouri Post-Conviction Proceedings Not Encompassed By PLRA Payment Scheme The Missouri court of appeals has held that because a Missouri Supreme Court Rule 29.15 motion is not a civil action encompassed by the state's Prison Litigation Reform Act (PLRA), Mo. …
Article • March 15, 2005 • from PLN March, 2005
Massachusetts Court Imposes Time Limits For Unrepresented Criminal Defendants by The Supreme Judicial Court of Massachusetts held that if an attorney is unavailable to represent an indigent criminal defendant, the defendant must be released within 7 days and the case against that defendant dismissed within 45 days. This consolidated case …
Article • March 15, 2005 • from PLN March, 2005
Filed under: News, News in Brief
News in Brief: by Alaska: On February 5, 2005, Alaska attorney general Gregg Renkes (R)resigned after it came to light that while promoting a trade deal with a Taiwanese energy company he held some $100,000 worth of stock in the company and had served as its lobbyist and adviser before …
Article • March 15, 2005 • from PLN March, 2005
Washington Absconding Does Not Toll LFO Collection Statue by The Washington State Court of Appeals for Division 1 has held that RCW 9.94A.753 affords the state 10 years from a prisoner’s release from total confinement in which to collect Legal Financial Obligations (LFOs) from prisoners. The court also held that …
Brief • March 14, 2005
Arciniegas v. United States, Ny, Guardbrutality, Complaint, 2005 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------X JULIO ARCINIEGAS, Plaintiff, COMPLAINT -against05 Civ. THE UNITED STATES OF AMERICA, Defendant. -------------------------------------------------------------X Plaintiff Julio Arciniegas, by his attorney Scott A. Korenbaum, Esq., for his complaint, alleges as follows: Preliminary Statement 1. …
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