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Article • May 15, 2013
Massachusetts Supreme Court Affirms Lower Court Order to Suppress Drug Evidence by In an interlocutory appeal filed by the Commonwealth of Massachusetts, the Supreme Judicial Court of Massachusetts affirmed in May 2012 the order of the Superior Court of Suffolk County suppressing evidence obtained in an unreasonably conducted strip search …
Article • May 15, 2013
Filed under: Searches, Strip Searches
Public Strip Search Nets Oregon Prisoner $9,601 by An Oregon prisoner was awarded damages of $3,000, attorney's fees totaling $5,640 and $961 in costs, for a public strip search. Cody L. Martin was a minimum security prisoner of the Oregon Department of Corrections (ODOC). On April 14, 2008, Martin was …
McClary v. City of New York et al, NY, Plf Opp to Def MSJ, warrantless search qualified immunity, 2013 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------------- X BRENDA MCCLARY, Plaintiff, -againstTHE CITY OF NEW YORK, a municipal entity; Sergeant SONIA CHRISTIAN (Shield #3066); MATTHEW VORRARO (Shield #15194); …
U.S. Immigration Policy: Dysfunctional, Profitable and Resistant to Reform by Derek Gilna The nation's economy remains fragile, U.S. troops continue to fight a losing war in Afghanistan, North Korea has recently threatened a nuclear attack, and in March 2013 Congress and President Obama failed to reach a compromise to prevent …
California: Thousands of Sex Offenders Remove GPS Monitors by Taking advantage of the lack of available bed space to house parole violators in California jails following the state’s “realignment” initiative, thousands of paroled sex offenders fitted with GPS ankle bracelets have disabled or removed them – with few consequences. Under …
Article • April 15, 2013
9th Circuit: Constitution Protects Homeless Persons from Government Seizure and Destruction of Their Unattended but Unabandoned Personal Property by In February 2012, a divided panel of the Ninth Circuit affirmed a district court's grant of preliminary injunctive relief to nine homeless individuals living on the streets of the Skid Row …
Article • April 15, 2013
Oregon Jury Awards $11,250 for False Arrest by On November 7, 2012, a Vancouver, Washington, man who was arrested for refusing to consent to a police search of his pockets was awarded $11,250. Sometime after midnight, in November, 2009, Jose Gasque, then 29, was sitting on a Portland, Oregon, curb …
Brief • April 8, 2013
Dumelle v. Village of Hanover Park, IL, Settlement Order, Recording Police Constitutional, 2013 Case: 1:13-cv-01575 Document #: 29 Filed: 04/08/13 Page 1 of 2 PageID #:126 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION KRISTOFER DUMELLE, Plaintiff, v. VILLAGE OF HANOVER PARK, ET AL., Defendants. ) ) ) …
Harris v. O'Hare et al, 2nd Cir, Plf Brief, CT warrantless entry search police dog shooting, 2013 12-4350-CV To Be Argued By: JON L. SCHOENHORN IN THE United States Court of Appeals FOR THE SECOND CIRCUIT GLEN HARRIS, individually, and P.P.A as guardian for K.H., a minor child, Plaintiffs v. …
Brief • April 4, 2013
Aguilar v. ICE, NY, Settlement Agreement, language search policies, 2013 Case 1:07-cv-08224-KBF Document 426 Filed 04/04/13 Page 1 of 191M; .:: ''1 ) USDCSDNY DOCUMENT ELtCTRONICALL Y FILED DOC#:. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ADRIANA AGUILAR, etal., Plaintiffs, DATE FILF.D;APR -­ 0 4 2013 ECFCase 07 …
Article • March 15, 2013
Fifth Circuit Upholds Blanket Strip Search Prohibition in Texas Jails by On September 22, 2010, the Fifth Circuit Court of Appeals held that employees of the Wood County, Texas sheriff’s department had violated Chandra Rae Jimenez’s Fourth Amendment rights when they strip searched her at the county jail in 2005 …
Article • March 15, 2013 • from PLN March, 2013
Alaska Supreme Court Revives Prisoner’s “Shy Bladder” Suit by On August 31, 2012, the Alaska Supreme Court reversed a lower court’s dismissal of a prisoner’s paruresis (i.e., “shy bladder”) and visiting rule claims. Alaska state prisoner Loren J. Larson, Jr. suffers from paruresis, a condition that makes it physically impossible …
South Carolina Sex Offender’s Lifetime Satellite Monitoring Held Unconstitutional by The South Caroline Supreme Court held on May 9, 2012 that court-ordered lifetime satellite monitoring violated a sex offender’s due process rights. Jennifer Rayanne Dykes, 26, was convicted of a sex offense for having an eight-month relationship with a 14-year-old …
Article • March 15, 2013 • from PLN March, 2013
Illinois Woman Awarded $70,000 for Strip Search Based on Canine Alert by On June 28, 2012, an Illinois federal jury awarded a woman $70,000 for a strip search that occurred after a drug detection canine alerted on her car following a traffic stop for an unrelated warrant for failure to …
Article • March 15, 2013
Florence Strip-Search Decision Sends Iowa Case Back to Square One by Derek Gilna The recent decision by the United States Supreme Court in Florence v. Board of Chosen Freeholders of the County of Burlington, 132 S.Ct. 1510 (2012), which held that every detainee, even one held on a non-indictable offense, …
Article • March 15, 2013
Filed under: Searches, Strip Searches
$300,000 Settlement Reached in Iowa Illegal Strip Search Case by A $300,000 settlement was reached in the Iowa case of an illegal strip search conducted upon three high school students. The case began in the first week of the 2009 school year. The three girls, Holleigh Jo Jacobsen, Griffin Ferguson, …
Sixth Circuit Explores Excessive Force Legal Twilight Zone; Finds Fourth, not Fourteenth Amendment Controlled by Mark Wilson On June 29, 2010, the Sixth Circuit held that a lower correct incorrectly applied the Fourteenth Amendment, rather than the Fourth Amendment to resolve a pre-trial detainee’s excessive force claim. Since the qualified …
Terebesi v. Solomon, Re Guizan, CT, Dismissal on Report of Settlement, Botched SWAT Raid, 2013 Case 3:09-cv-01436-JBA Document 257 Filed 02/25/13 Page 1 of 1 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT Guizan, Plaintiff, v. Civil No. 3:09cv1436 (JBA) Solomon, et al, Defendants. ORDER OF DISMISSAL ON REPORT OF SETTLEMENT …
Terebesi v. Solomon, Re Guizan, CT, 2nd Amended Complaint, Botched SWAT Raid, 2011 Case 3:09-cv-01436-JBA Document 257 Filed 02/25/13 Page 1 of 1 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT Guizan, Plaintiff, v. Civil No. 3:09cv1436 (JBA) Solomon, et al, Defendants. ORDER OF DISMISSAL ON REPORT OF SETTLEMENT Magistrate Judge …
Brief • January 18, 2013
Filed under: Strip Searches, PLN related
Matkin v. Barrett, GA Jail Strip Search Suit, Petition for Cert, HRDC Amicus Brief, 2013 NO. 13-108 In the Supreme Court of the United States KRISTOPHER ALAN MATKIN, et al., v. Petitioners, JACQUELINE BARETT, former Sheriff, Fulton County, Georgia, Respondent. On Petition for a Writ of Certiorari to the United …
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