Skip navigation

Search

1465 results
Page 29 of 74. « Previous | 1 2 3 4 ... 25 26 27 28 29 30 31 32 33 ... 70 71 72 73 74 | Next »

Texas Parole Law Remanded for Ex Post Facto Ruling by Gary Hunter By Gary Hunter Texas prisoner Wilson Brown, a convicted sex offender, went to prison in 1989. At the time Brown was convicted, all Texas prisoners required only two favorable votes to make parole. In 1993, the parole board …
Article • January 15, 2008
Tenth Circuit Applies Harmless Error in Prison Discipline by The Tenth Circuit Court of Appeals held that precluding a prisoner from presenting witness testimony at a prison disciplinary proceeding was harmless error. Kansas prisoner Patrick Grossman was charged with inciting a riot in relation to a December 21, 2002 incident …
Oklahoma Discipline Vacated Following Ruling in Gamble; No Evidence Violates Due Process by The Tenth Circuit Court of Appeals held that an Oklahoma prisoner was denied due process of law when he was punished in the absence of evidence to support the disciplinary violation. Oklahoma prisoners "are required to keep …
Police Informant's Identity Protected; Investigation Spurred by Accusation Merit Less by Pennsylvania policeman Mathew Barton appealed the dismissal of his action to compel Inspector Ralph Penco, the Police Commissioner, and the City of Philadelphia to disclose the identity of an informant who accused him of receiving stolen property. No action …
Fed Prisoner's FOIA Request for Investigation-Related Documents Properly Denied by In 1997, Willie E. Boyd, a federal prisoner, was convicted of charges related to a gun and bag of cocaine found in his girlfriend's closet. He later discovered that his girlfriend's brother was a government informant who had sold drugs …
Foreign Fugitive Awards May Fall Under FSIA’S Commercial Activity Sovereign Immunity Exception by Foreign Fugitive Awards May Fall Under FSIA'S Commercial Activity Sovereign Immunity Exception Jose Guevara filed suit against the Republic of Peru and two Peruvian officials in 2001 for failure to fulfill a contract. The suit was removed …
Food Deprivation & Pink Clothing Imposed for Violating South Carolina Prison Rules by David Reutter by David M. Reutter South Carolina?s Commissioner of Corrections, Jon Ozmint, has embraced hardcore disciplinary methods to deal with prisoners who violate prison rules. Such punishments include depriving prisoners of food and requiring them to …
Prisoner’s Oral Complaints Worthy of First Amendment Protection; by Prisoner's Oral Complaints Worthy of First Amendment Protection;  $1 in Damages and $1.50 in Fees Awarded The Seventh Circuit Court of Appeals has held that a prisoner's oral complaints about matters of "public concern" that are designed to "urge a change …
Article • January 15, 2008 • from PLN January, 2008
Self-Defense: A New Jersey Prisoner’s Right by Self-Defense: A New Jersey Prisoner's Right A New Jersey Superior Court, Appellate Division, has held that a prisoner has a right to self-defense while incarcerated. Thus, a hearing officer must make specific findings when a self-defense theory is asserted. The ruling came in …
Article • December 15, 2007
Paruresis No Excuse for Failure to Urinate Absent Medical Verification by Oregon State pro se prisoner Richard Sheeny appealed a U.S. District Court grant of summary judgment to prison officials denying his 42 U.S.C. § 1983 action. He alleged constitutional violations when he was disciplined for failure to urinate because …
Paruresis Diagnosis Required for Justification of Urinalysis Noncompliance by New York State pro se prisoner Victor Cruz appealed, by way of CPLR article 78, disciplinary findings and actions taken against him for failure to provide a urine sample. Cruz claimed that paruresis (shy bladder syndrome) prevented his compliance. The findings …
Article • December 15, 2007
Dismissed Paruresis Action Remanded for Proper Venue by Pro se Tennessee State prisoner Barton Hawkins petitioned for a writ of certiorari to review disciplinary actions taken against him for refusing to comply with a drug screening. He alleged that he suffered from paruresis (shy bladder syndrome) which hindered urine production. …
Article • December 15, 2007
Absent Medical Documentation, Disciplinary Action for Failure to Urinate Stands by New York State Prisoner Leslie Becker petitioned for review of a 2001 Department of Correctional Services disciplinary action resulting from his inability to produce a urine sample. The judgment was affirmed. When Becker could not provide a urine sample, …
Article • December 15, 2007
South Carolina Law Enforcement Reports Ordered Disclosed To Media by Newberry Publishing Company, Inc. (Publisher), appealed a court ruling denying an investigative report's production. The South Carolina Law Enforcement Division claimed that it was exempt as investigative material. The court reversed the order for nondisclosure with few exceptions. The Publisher …
Texas Attorney General Determines Documents' Exemption After Use of Force Against Prisoner by The Office of the Attorney General (AG) for the State of Texas opined the legal parameters regarding the release of investigative records and polygraph procedures used for testing employees of the Department of Criminal Justice (TDCJ). This …
Article • December 15, 2007
1983 Action Deemed Successive Habeas Petition; Reversed by Supreme Court by The Eleventh Circuit Court of Appeals held that a 42 U.S.C. § 1983 action, alleging that death by lethal injection causes pain and unnecessary suffering that constitutes cruel and unusual punishment, is the "functional equivalent" of a habeas claim. …
False Arrest Nets Guard and Wife $1.2 Million by A Florida jail guard and his wife, a jail food safety inspector, have been awarded $1,231,700 for their arrest on false charges of smuggling drugs into the jail. On September 11, 2003, Lawrence and Gayle Femminella were arrested on charges of …
Charging Prisoner for Injured Guard’s Medical Expenses Upheld by Charging Prisoner for Injured Guard's Medical Expenses Upheld The plaintiff complained that money was taken out of his account to pay medical expenses of an officer injured in a disturbance he was disciplined for, and that the procedures were deficient. However, …
Disciplinary Rule Description Rather than Title Controls by The West Virginia Supreme Court of Appeals has held that "it is the content of what is contained under a title that is critical in most instances, not the title" of a "disciplinary rule"(DR). That ruling comes in the appeal of a …
Article • December 15, 2007
NY Prisoners Entitled to Assistant to Help Prepare Their Defenses in Tier 3 Disciplinary Hearings by Louis Avincola, a New York state prisoner, was infracted for fighting. At the ensuing Tier 3 disciplinary hearing the hearing officer produced a form with the box waiving assistance by an "employee assistant" checked. …
Page 29 of 74. « Previous | 1 2 3 4 ... 25 26 27 28 29 30 31 32 33 ... 70 71 72 73 74 | Next »