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Article • April 15, 2004 • from PLN April, 2004
Jail Rape Results in Reduced Sentence by An Alabama federal district court has reduced a female prisoner's sentence by a three-level downward departure based on her rape by a jail guard. Deborah Rodriguez pled guilty to possession with intent to distribute 382 kilograms of cocaine hydrochloride. After being raped by …
Article • April 15, 2004 • from PLN April, 2004
A Culture of Prosecutorial Misconduct by Peter Schmidt Review by Peter Schmidt The Center for Public Integrity (CPI), a non-profit, investigative journalism organization based in Washington, D.C., has recently published a major study on prosecutorial misconduct in America. The lengthy, empirical study, entitled Harmful Error: Investigating America's Local Prosecutors, which …
Article • April 15, 2004 • from PLN April, 2004
Court Questions Federal Assault Conviction on Private Prison Guard by Court Questions Federal Assault Conviction on Private Prison Guard In a case applicable to all federal pris-oners incarcerated in private and state prisons the Fifth Circuit Court of Appeals held a federal prisoner who assaults a private person employed at …
Article • April 15, 2004 • from PLN April, 2004
Blind Prisoner Must Exhaust Administrative Remedies by Blind Prisoner Must Exhaust Administrative Remedies The Fifth Circuit Court of Appeals held that a blind prisoner is not excused from the administrative exhaustion requirement of the PLRA, and that a state court finding the prison systems grievance procedure violates Louisiana's State Constitution …
Article • April 15, 2004 • from PLN April, 2004
Filed under: Sentencing, Good Time
California Presentencing Credits Upheld For Jail Time in Another County by John E Dannenberg California Presentencing Credits Upheld For Jail Time in Another County by John E. Dannenberg The California Supreme Court ruled that while a prisoner was on pre-trial bail from one county, but had been arrested for an …
Impeding Grievance Exhaustion May Violate Access to Courts by A U.S. District Court for the Eastern District of Wisconsin held that a prisoner's access to court was impeded because jail officials interfered with his ability to exhaust his administrative remedies with respect to several non-frivolous claims, which were dismissed for …
§ 1983 Disciplinary Challenge Available to Parolee Because Habeas Would Be Moot by John E Dannenberg § 1983 Disciplinary Challenge Available To Parolee Because Habeas Would Be Moot by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that a prisoner suing under 42 U.S.C. § 1983 for …
Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process by Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process The Ninth Circuit Court of Appeals held that under Oregon law, state mental hospitals have a duty to accept mentally incapacitated criminal defendants for evaluation and treatment, once certified as mentally incapacitated by …
Virginia Drug Treatment Program Still Violates Establishment Clause by Virginia Drug Treatment Program Still Violates Establishment Clause A federal district court in Virginia held that the Therapeutic Community Program (TCP) of the Virginia Department of Corrections violated the Establishment Clause of the First Amendment. The court also held, however, that …
$108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E Dannenberg $108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals approved attorney fees/costs totaling $108,352 for litigation efforts in gaining injunctive relief under the Americans …
Brief • April 12, 2004
Brown v Porras Wa Settlment Willful Indifference to Post-surgery Medical Needs 2004 . MAGISTRATBJUDGEJ. KELLEY ARNOLD 1 2 aECDml . APR 13 Z004 4 5 6 7 UNITED STATES DISTRICT COtJR'r WESTERN DISTRICT OF WASHINGTON 8 AT TACOMA 9 NO. C02-5414FDB CHOHNOR BROWN, LO mULATED JUDGMENT' AND Plaintiff, ORDER OF …
Brief • April 12, 2004
Benton v Snohomish Co Wa Complaint Dangerous Working Conditions 2004 .. . • e .• . - 1 r l' FILED 1 2 04 APR 12 AM 9: 50 3 PAH L. Df,NIElS COUNTY CLERK SNOHOMISH CO. WASH. 5 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF …
Brief • April 12, 2004
Burris v Steilacoom and Pierce County Wa Claim for Damages Wrongful Incarceration 2004 FORWARDED APii 1 2 2004 TO PROSECUTING ATTY. r Cynthia Macklin, Attorney at Law Macklin and Wahl, LLC 15 North Broadway, Suite A Tacoma, WA 98403 "& SHER!FF" April 12, 2004 253-566-0808 HAND DEL"ERED APR 1 2 …
Brief • April 7, 2004
McDonough v. County of Ventura, CA, Complaint, Police Shoot and Kill Teenager, 2004 PETER M. WILLIAMSON, State Bar No. 97309 WILLIAMSON & ASSOCIATES 2 13915 Panay Way, Suite One Marina del Rey, CA 90292-6102 3 Tel: (310) 822-3377/ Fax: (310) 821-7027 1 BRIAN R. MAGA¼A, State Bar No. 57680 MAGA¼A, …
Brief • April 5, 2004
In Re Lee Ca Parole Order 2004 1 2 3 APR 4 20f14 J oH N Y. ) COUrt 5 C.,0■.:1\rrY SUP 111()R 23,7 6 1 i:;:r i .14(ucitil*. 7 8 SUPERIOR COURT OF CALIFORNIA COUNTY OF MARIN 10 In Re the petition of ) Case No.: SC 133116A 11 …
Publication • April 1, 2004
The Role of Prisons In Rural Development, Tootle, 2004 The Role of Prisons In Rural Development: Do They Contribute to Local Economies? Deborah M. Tootle, Ph.D. April 2004 SP 2004-0__ The Role of Prisons In Rural Development: Do They Contribute to Local Economies? Abstract For the past two decades, distressed …
Brief • March 30, 2004
Anditon v Priest Ca Complaint Guard Spray and Assault 2004 WILLIAM H. OR_RICK, III (State Bar g ]3252) REBECCA M. ARCHER (State Bar # 202743) 4 COBLENTZ, PATCH, DUFFY & BASS, LLP One Ferry Building, Suite 200 San Francisco, California 94111 Telephone: (415) 391-4800 Facsimile: (415) 989-1663 Attorneys for Plaintiff …
Brief • March 29, 2004
Brooks v Jorgensen, CA, Stip and Order for dismissal, medical neglect, 2004 >, .\~ \, " Case 3:02-cv-01362-JAH-NLS Document 49 e '!. 1 2 3 4 5 Filed 03/29/04 Page 2 of 4 e F' i l_ E0 DANIEL S. SILVERMAN (No. 137864) LIBBY A. RYAN (No. 207713) HELLER EHRMAN …
Brief • March 25, 2004
Rodgers v Dc Release Medical Neglect 2004 RELEASE KNOW ALL MEN BY THESE PRESENTS, That I, Andrew Rodgers, .residing at DEVENS FMC, P. O. BOX 879, Ayers, MA, 01432, for consideration of the sum of THIRTY-FIVE THOUSAND DOLLARS AND NO CENTS ($35,000.00), lawful money of the United States, the receipt …
Brief • March 20, 2004
Pearson v Tdcj Tx Plf Second Amended Orig Petition Escape and Death 2004 NO. 03-10143-278-02 BRENDA LAFAYE PEARSON, INDIVIDUALLY. AS THE SURVIVING WIDOW OF FARMER PEARSON, DECEASED, AND AS THE ADMINisTRATRIX OF HIS ESTATE, and LEODA STEVENS VS. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, ET AL § § § § § …
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