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WA Court Denies Petition Challenging Refusal to Review Confidential Information in Disciplinary Hearing by The Washington State Court of Appeals, Division II, has denied a personal restraint petition (PRP) that claimed a prisoner’s due process rights were violated when the Department of Corrections (DOC) refused his requests to review confidential …
Court Denies Michigan Prison Officials Summary Judgment In Discrimination Suit by David M. Lawson, U.S. District Judge, has denied summary judgment to Michigan prison officials in a suit alleging racial discrimination in the termination of a visit by an interracial couple. Gordon Butter, a black prisoner in the Michigan Department …
Article • April 15, 2009
Fifth Circuit Affirms Appointment of Counsel For Indigent Prisoner by On May 7, 1980, the U.S. Court of Appeals for the Fifth Circuit affirmed the appointment of counsel for an indigent prisoner alleging that his constitutional rights had been violated. William Knighton, a Mississippi prisoner, sued Mississippi prison officials over …
Article • April 15, 2009 • from PLN April, 2009
Minnesota Sex Offenders’ Requisite Disclosure in Treatment Can Violate Fifth Amendment by Minnesota Sex Offenders’ Requisite Disclosure in Treatment Can Violate Fifth Amendment Minnesota state prisoners Frank Johnson and John Henderson individually petitioned for writs of habeas corpus in 2005 after 45 days were added to their sentences for noncompliance …
Torture at Angola Prison: President Obama promises to close Guantanamo, but a court proceeding in Louisiana exposes brutality closer to home by Jordan Flaherty Torture at Angola Prison: President Obama promises to close Guantanamo, but a court proceeding in Louisiana exposes brutality closer to home by Jordan Flaherty The torture …
$15,000 Settlement For BOP's Abuse, Conspiracy Against Government Informant by Colorado federal prisoner and government informant, David Merritt, brought a federal tort action against the United States in 1999 after federal guards and officials at the Florence Supermax (ADX) facility conspired to have him killed, violated his constitutional rights and …
Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine by Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine The Sixth Circuit Court of Appeals has held the favorable-termination doctrine does not apply to 42 U.S.C. § 1983 actions brought by prisoners who were foreclosed from challenging their incarceration in a habeas …
Seventh Circuit Upholds False Disciplinary Charges; Due Process Violation in Transfer to Supermax Voluntarily Dismissed by The Seventh Circuit Court of Appeals affirmed a district court’s order dismissing a prisoner’s claim that guards violated his due process rights by fabricating a disciplinary charge and then finding him guilty based upon …
Muslim Prisoners Cannot be Forced to Handle Pork; Qualified Immunity Denied by The Third Circuit Court of Appeals held that a Muslim prisoner’s complaint that prison officials disciplined him for refusing to handle pork stated a claim under the First Amendment and the Religious Land Use and Institutionalized Persons Act …
N.Y. Affirms Multiple Accumulating DOC Disciplinary Proceedings For Same Incident by New York State prisoner Derek Josey sought review of an intermediate appellate court ruling allowing the Department of Correctional Services (DOCS) to punish him multiple times for the same incident. New York’s highest court ruled that res judicata did …
More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case by More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case Three prisoners involved in two federal civil rights lawsuits against officials of the Hillsborough County House of Corrections in New Hampshire (the jail) were awarded …
Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated by John Dannenberg Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated by John E. Dannenberg The Washington State Court of Appeal, Division 2, ruled that the state’s criminal libel statute was unconstitutional under U.S. Supreme Court …
Un-Mirandized Oregon Prison Disciplinary Statements Suppressed; Syringe is a “Weapon” Under Oregon Law by The Oregon Court of Appeals has held that incriminating statements in prison disciplinary hearings cannot be used against prisoners in subsequent criminal proceedings if Miranda warnings are not given. In September 2003, a prisoner was murdered …
Article • January 15, 2009
No Liberty Interest in DC Parole by The Seventh Circuit Court of Appeals held that a District of Columbia (DC) prisoner did not have a liberty interest in parole, and that his denial of parole and 36-month parole set-off were not arbitrary. In 1999, Joseph Thompson was convicted in the …
Use of Questionable “Lie Detectors" by Law Enforcement Expands Nationwide by Matthew Clarke Use of Questionable “Lie Detectors” by Law Enforcement Expands Nationwide by Matt Clarke In the aftermath of the Sept. 11, 2001 terrorist attacks, law enforcement and other government agencies implemented new practices to obtain information from suspects …
Article • December 15, 2008 • from PLN December, 2008
No Filing Fee Lien Allowed in Florida Mandamus Cases by In two rulings, Florida’s First District Court of Appeal has held a circuit court departed from the essential elements of law when it placed a lien on a prisoner’s trust account to satisfy the filing fee for a mandamus petition. …
Illinois Federal Jury Awards Record $15.5 Million in False Arrest Case by Matthew Clarke by Matt Clarke On December 20, 2007, an Illinois federal jury awarded a record amount in a civil rights case for false arrest – $15.5 million. The damage award was against the sheriff of Will County, …
$156,289 in Attorney Fees Awarded for Enforcing California Jail Prisoners’ Federal Consent Decrees by John Dannenberg $156,289 in Attorney Fees Awarded for Enforcing California Jail Prisoners’ Federal Consent Decrees by John E. Dannenberg On , August 22, 2007, the U.S. District Court (N.D. Cal.) approved $156,289 in attorney fees and …
Ninth Circuit: Washington Law Creates Liberty Interest in Sex Offenders’ Early Release to Community Custody by Ninth Circuit: Washington Law Creates Liberty Interest in Sex Offenders’ Early Release to Community Custody A divided panel of the Ninth Circuit U.S. Court of Appeals held that Washington State statute RCW § 9.94A.710(1) …
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