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Article • December 14, 2017
Changes to California’s Parole Scheme Not Unconstitutional by The Ninth Circuit Court of Appeals held the most recent voter approved changes to California’s parole laws do not violate the ex post facto clause. In 1988, California voters passed proposition 89, which amended the California constitution to grant the governor the …
Article • December 14, 2017
Texas Court of Appeals Upholds Dismissal of Suit Against Parole Board by Matthew Clarke by Matt Clarke On February 23, 2016, a Texas court of appeals upheld the dismissal of a lawsuit brought against a parole board member and two parole commissioners. John Henry Boykin, a Texas state prisoner, filed …
Article • December 14, 2017
Texas Court of Appeals Dismisses Prisoner's Petition for a Writ of Injunction by Matthew Clarke by Matt Clarke On March 9, 2016, a Texas court of appeals dismissed a prisoner's writ of injunction because the prisoner had no other proceeding in that court. Tracey W. Murphy, a Texas state prisoner, …
Article • December 14, 2017
Oregon Habeas Cognizable to Challenge Florida Confinement Under ICC by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that prisoners incarcerated in other states under the Interstate Corrections Compact (ICC) may challenge the conditions of their confinement in Oregon habeas corpus actions against Oregon prison officials. In …
Article • December 14, 2017
Ninth Circuit: Merits Decision Excuses Procedurally Flawed Exhaustion by Mark Wilson by Mark Wilson The United States Court of Appeals for the Ninth Circuit held that a prisoner who fails to comply with prison grievance procedural requirements nevertheless exhausts administrative remedies if prison officials deny the grievances on the merits. …
Article • December 14, 2017
Filed under: Appeals, Parole, Habeas Corpus
California Court of Appeals Vacates Parole Denial for Claiming Innocence by Matthew Clarke by Matt Clarke On September 1, 2015, a California court of appeal vacated the decision of the Board of Parole Hearings to deny parole to a prisoner who had been convicted of first-degree murder and sentenced to …
Article • December 14, 2017
Florida Prisoner Awarded $70,000 in Excessive Force Claim by A Florida federal jury awarded $70,000 to a prisoner in a civil rights action alleging excessive force and failure to intervene to stop the beating. In the first few weeks he was at the South Florida Reception Center, prisoner Abdelaziz Bilal …
Article • December 14, 2017
Filed under: Parole
California Court of Appeals Holds Consecutive Sentence Begins When Prisoner Found Suitable for Parole by In a decision handed down on May 14, 2015, a California court of appeals held that a prisoner's consecutive sentence for a felony committed while incarcerated (custodial felony) begins on the date he is found …
Article • December 13, 2017
Filed under: Good Time, Mail, First Amendment
Prisoner's Punishment for Attempting to Mail Out Threat-Laden "Poems" Upheld by Minnesota Court of Appeals by Lonnie Burton In a decision dated January 11, 2016, the Minnesota Court of Appeals denied a petition filed by a state prisoner who alleged his First Amendment rights were violated when prison officials found …
Article • December 13, 2017
Filed under: Work, Good Time
Wyoming Supreme Court Affirms Dismissal of Prisoner Lawsuit Challenging New Mandatory Deductions and Good Time Laws by Lonnie Burton On October 18, 2016, a unanimous Wyoming Supreme Court approved the dismissal of a lawsuit filed by a state prisoner challenging the constitutionality of several Wyoming statutes relating to mandatory deductions …
Article • December 13, 2017
Sixth Circuit Upholds Denial of Summary Judgment to Prison Officials in Michigan Failure-to-Protect Lawsuit by Lonnie Burton On April 15, 2016, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit let stand a federal district court ruling which denied summary judgment to Wayne County, Michigan, jail …
Article • December 13, 2017
Settlement Reached in Nevada "Postcard-Only" Lawsuit by In June 2016, less than three months after a United States magistrate judge sitting in the federal district court in Nevada issued a Report and Recommendation advising that defendants' motion for summary judgment should be denied, the parties in a suit aimed at …
Article • December 13, 2017
Prisoner Settles Conditions of Confinement, Excessive Force Lawsuit with Nevada County Jail by In October 2015, Washoe County officials and a former jail prisoner settled a lawsuit which had alleged numerous constitutional violations, including unlawful conditions of confinement, use of excessive force, medical indifference, and due process violations. The amount …
Article • December 13, 2017
Thirty-Nine Year Stay in Solitary Requires Procedural Safeguards; 5th Circuit Affirms Denial of Qualified Immunity by On December 17, 2014, the Fifth Circuit U.S. Court of Appeals upheld the ruling of a Louisiana federal district court judge denying qualified immunity to prison officials in a lawsuit filed by a prisoner …
Article • December 13, 2017
Washington Supreme Court: Jail Not Responsible for Crimes Committed by Ex-Prisoner by On September 22, 2016, a split Washington Supreme Court reversed a Court of Appeals ruling and affirmed the trial court's dismissal of a lawsuit brought by the families and victims of a shooting instigated by a former jail …
Article • December 13, 2017
Filed under: Strip Searches, Juveniles
Third Circuit Okays Blanket Strip-Search Policy for Juvenile Detainees by In a decision filed September 15, 2015, the Third Circuit U.S. Court of Appeals ruled that a juvenile detention center policy which required strip searches of all detainees upon intake, regardless of the seriousness of their crimes, did not violate …
Article • December 13, 2017
Seventh Circuit Questions the Denial of Gloves and Earmuffs to Prisoners by Pedro Diaz, an Illinois state prisoner, filed a federal lawsuit challenging Pontiac state prison officials' refusal to allow him to use a hat and gloves when exercising "in his outdoor cell" in the prison yard in very cold …
Article • December 13, 2017
WA: Indigent Defendant May Not Challenge DNA Collection Fees Until State Seeks to Enforce Payment by On June 20, 2016, Division One of the Washington State Court of Appeals denied as premature an appeal by a defendant who challenged the constitutionality of imposing DNA sampling collection fees on an indigent …
Article • December 13, 2017
Filed under: Excessive Force
Use of Force Authorized to Extract DNA Sample from Prisoner; Conviction for Refusal to Comply Upheld: CT Supreme Court by On July 15, 2016, the Supreme Court of Connecticut upheld the conviction of a prisoner who was charged with refusing to submit a DNA sample. The court also found that …
Article • December 13, 2017
Sixth Circuit Affirms Summary Judgment Dismissal in Lawsuit Filed by Man Wrongfully Convicted of Arson, Murder by On September 1, 2016, the Sixth Circuit U.S. Court of Appeals affirmed a district court order dismissing most of a lawsuit filed by a man who spent 26 years in prison for an …
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