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Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release Held Unconstitutional, Then Constitutional by Mark Wilson Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release Held Unconstitutional, Then Constitutional by Mark Wilson Illustrating the axiom that the law means whatever a judge decides it means, in …
Montana Agrees to Improve Prison Conditions for Female Prisoners by On November 22, 1994, the State of Montana agreed to settle a class action suit brought by female prisoners incarcerated at the Women’s Correctional Center (WCC). The plaintiffs alleged that the state (1) was deliberately indifferent to their serious health …
Ninth Circuit: California Federal Habeas Petitioner Sufficiently Exhausts State Court Remedies When He Presents Facts Necessary to Support Constitutional Claim by John Dannenberg Ninth Circuit: California Federal Habeas Petitioner Sufficiently Exhausts State Court Remedies When He Presents Facts Necessary to Support Constitutional Claim by John E. Dannenberg A California state …
First Circuit Awards Defendant Costs Under FRCP 68; Plaintiff Rejected $10,000 Offer, Was Awarded $5,500 by Mark Wilson First Circuit Awards Defendant Costs Under FRCP 68; Plaintiff Rejected ?$10,000 Offer, Was Awarded $5,500 by Mark Wilson The First Circuit Court of Appeals has awarded a defendant costs under Federal Rule …
Brief • 2009
Filed under: Evidence, Excessive Force
Trethewey v. Pekrul, MI, Complaint, Excessive Force, Spoliation of Evidence, 2009 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN -SOUTHERN DIVISION- Michael J. Trethewey, Plaintiff, -v- Case No. Honorable: Magistrate: Daniel E. Pekrul, Defendant. / The F.L. Gibson Group, P.C. Fred L. Gibson P39530 Attorney for Plaintiff 17001 …
Ninth Circuit Reverses §1915 Dismissal of Retaliation Claim by The Ninth Circuit Court of Appeals reversed a lower court’s dismissal of a prisoner’s retaliation claim for failure to state a claim under 28 USC sec. 1915(e). Nevada prisoner Russell Cohen sued prison officials in federal court, alleging that they “retaliated …
Personal Restraint Petition Remanded to DOC in Washington State by On October 27, 2008, a Washington State Court of Appeals filed an unpublished opinion in the matter of a personal restraint petition filed by prisoner Toby Joseph Masse challenging punishment imposed pursuant to a prison disciplinary hearing. Having received a …
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 …
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