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Brief • June 11, 2012
Cianfaglione v. Rogers et al, IL, Jury Instructions, qualified immunity unreasonable strip search, 2012 2:10-cv-02170-MPM-DGB # 61 Page 1 of 34 E-FILED Monday, 11 June, 2012 11:51:03 AM Clerk, U.S. District Court, ILCD MEMBERS OF THE JURY, YOU HAVE SEEN AND HEARD ALL THE EVIDENCE AND WILL SHORTLY HEAR THE …
Article • May 15, 2012
1st Circuit Permits Massachusetts X-ray Drug Search by The 1st Circuit Court of Appeals has affirmed a Massachusetts district court decision permitting an x-ray search of defendant Shane Spencer under the aegis of a search warrant and dismissed his 1983 action. Spencer had been arrested in 2005 by Worcester, Massachusetts …
Article • May 15, 2012 • from PLN May, 2012
Federal Bureau of Prisons Says DNA Backlog No Longer Exists by Derek Gilna In July 2011, the federal Bureau of Prisons (BOP) announced that it had eliminated a backlog of over 90,000 DNA samples from federal prisoners. This milestone occurred more than a decade after Congress passed the DNA Analysis …
9th Circuit Grants Public Access to Search Warrant Records by The U.S. Court of Appeals for the Ninth Circuit has overturned a District of Montana decision and granted unlimited access to search warrant records of a City of Garryowen business owner, whom the federal government investigated but declined to prosecute. …
Lying about Possessing a Weapon upon Arrest Booking Violates California Law; Does Not Implicate Fifth Amendment by The California Court of Appeals held that an arrestee who lies to jail booking officers about possessing a weapon violates a law prohibiting introduction of a weapon into a jail. The court also …
Article • May 15, 2012
Iowa Supreme Court Refuses Miranda Protection for Confession to Case Worker by Derek Gilna By Derek Gilna The Iowa Supreme Court has affirmed a lower-court decision denying defendant Jess John Pearson's Motion to Suppress, based upon the Miranda case for a voluntary confession given to his social worker, who interviewed …
Article • May 15, 2012
Filed under: Videotaping, Police
Oregon Conviction for Recording Police Encounter Reversed by The En Banc Oregon Court of Appeals reversed an Oregon man's conviction for using his cellphone to record a conversation with police during a traffic stop. On November 4, 2008, Shane Michael Neff was pulled over by Eugene, Oregon police officer Ou. …
8th Circuit Court of Appeals Examines Possession in Prison Searches by The 8th Circuit Court of Appeals affirmed a Missouri federal district court’s dismissal of a petition for writ of habeas corpus that alleged denial of due process. Petitioners Carroll James Flowers and Christopher Michael Danner instituted separate actions against …
Colorado District Court Examines Responsibility in Issuing Search Warrants Following $425,000 Settlement for Illegal Computer Search by A $425,000 settlement was reached in December, 2011 in a federal civil rights action against a prosecutor who approved an application for an illegal search. It may be the first ruling of its …
Utah Private Corrections Center Employees under Federal Indictment for Evidence Tampering by A federal investigation resulted in criminal charges against two employees of a Salt Lake City, Utah corrections center for federal prisoners. A federal probe targeted Cornell Community Corrections Center, a private corporation that contracts to house prisoners who …
Qualified Immunity Upheld in Maryland Prison Employees’ Suit over Strip Search Following Positive Ion Drug Scan by Employees and independent contractors at the Maryland Correctional Center Training Center were subjected to search by a portable ion scanning machine in an attempt to interdict drugs being smuggled into the facility. Eight …
Brief • May 15, 2012
Kostman and Najjar v. City of New Brunswick, NJ, 2nd Amended Complaint, Excessive Force Wrong Apt, 2012 Case 3:11-cv-00756-JAP-DEA Document 27 Filed 05/15/12 Page 1of18 PagelD: 264 By: Bryan Konoski, Esq. (BK 7563) TREYVUS & KONOSKI, P.C. 305 Broadway, 14th Floor New York, NY 10007 (212) 897-5832 bkonoski@aol.com UNITED STATES …
Brief • May 14, 2012
Sharp v. Baltimore City Police Department et al, MD, DOJ letter re Recording Police, seizure of phone for arrest video, 2012 U.S. Department of Justice Civil Rights Division JMS:TDM:RJO DJ 207-35-10 Special Litigation Section - PHB 950 Pennsylvania Ave, NW Washington DC 20530 May 14, 2012 Mark H. Grimes Baltimore …
Brief • May 12, 2012
Filed under: Strip Searches, Juveniles
Woodman v. Garcia, IL, Complaint, unreasonable strip search of minor, 2012 Case: 1:12-cv-09695 Document #: 1 Filed: 12/05/12 Page 1 of 6 PageID #:1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ANTHONY WOODMAN, on behalf of minor, J.W., Plaintiff, v. KEVIN GARCIA, STAR #4890, CHARLES …
Brief • May 11, 2012
Cianfaglione v. Rogers et al, IL, Opinion, qualified immunity unreasonable strip search, 2012 2:10-cv-02170-MPM-DGB # 37 Page 1 of 17 E-FILED Friday, 11 May, 2012 12:13:00 PM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION ANGELINA CIANFAGLIONE, Plaintiff, v. TERRY ROGERS, DEE BURGIN, …
Brief • April 16, 2012
Floyd v City of NY, NY, Opinion and Order, NYPD unlawful terry stop, 2012 Case 1:08-cv-01034-SAS-HBP Document 201 Filed 04/16/12 Page 1 of 71 uSDcSDNY UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------x DA VID FLOYD, LALIT CLARKSON, DEON DENNIS, and DAVID OURLICHT, on behalf of themselves and …
Article • April 15, 2012 • from PLN April, 2012
Ninth Circuit Holds Prisoners May be Compelled to Provide Blood Samples Under California DNA Act by The Ninth Circuit has held that prison officials may forcibly extract a blood sample from a California prisoner for purposes of compliance with California’s DNA and Forensic Identification and Data Bank Act of 1998 …
Brief • March 5, 2012
State of Maryland v. Brightful et al, MD, Order, Drug Recognition Expert Protocol, 2012 03/05/2012 13:30 From: .A :"~_ #210 P,002/038 I! I Ii ii IN THE CIRCUIT COURT FOR CARROLL COUNTY II Ii 1j ii' I, "" Ii Ii 11 STATE OF MARYLAND v, IIII II II I' I …
Brief • March 5, 2012
Cianfaglione v. Rogers et al, IL, Plf Res to Def Mot for SJ, qualified immunity unreasonable strip search, 2012 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION ANGELINA CIANFAGLIONE, ) ) Plaintiff, ) ) vs. ) ) TERRY ROGERS in his individual capacity, ) …
Article • February 15, 2012
Washington: $260,000 Settlement in Unlawful Strip Search and Taser Case by A woman who was illegally strip searched and then Tasered was awarded a $260,000 settlement against the City of Olympia, Washington. Cynthia Brown was arrested on August 19, 2008 for trespassing and taken to the Olympia City Jail. During …
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