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Article • September 10, 2017
Arizona Changes Lethal Drug Mix for Executions by Edward Lyon by Ed Lyon In recent years more and more pharmaceutical companies are refusing to sell execution drugs to states over ethical considerations fueled by increasing public opposition to capital punishment. Arizona is allegedly experimenting with other drugs to replace those …
Article • September 10, 2017
Utah Supreme Court: Prisoner had First Amendment Defense for Questionable Jail Correspondence to Minor Daughter by On June 19, 2017, the Supreme Court of Utah reversed a jail prisoner’s convictions for dealing harmful materials to a minor, which consisted of two letters he sent his 5-year-old daughter from jail, holding …
Article • September 8, 2017
Fifth Circuit Reinstates Part of Louisiana Prisoner's Failure-to-Protect, Medical Indifference Lawsuit by Lonnie Burton by Lonnie Burton On February 9, 2017, the United States Circuit Court of Appeals for the Fifth Circuit affirmedin part and reversed in part a district court's order granting summary judgment to prison officials in a …
Article • September 8, 2017
Filed under: Sentencing, Juveniles
California Court Refuses to Reduce Juvenile's 32 Years-to-Life Under Miller v. Alabama by Lonnie Burton by Lonnie Burton On January 24, 2017, a three-judge panel of the California Court of Appeal, Fourth Appellate District, Division Two, largely upheld the sentence of a man who was sentenced in 2011, at age …
Article • September 8, 2017
First Circuit Denies Qualified Immunity to Police Officer for Arrest Without Probable Cause by Lonnie Burton by Lonnie Burton On February 1, 2017, the U.S. Court of Appeals for the First Circuit set aside a lower court ruling which granted summary judgment to a police officer who was sued for …
Article • September 8, 2017
Eighth Circuit Affirms Dismissal of Minnesota Prison Workplace Injury Lawsuit by Lonnie Burton by Lonnie Burton On February 2, 2017, the U.S. Court of Appeals for the Eighth Circuit affirmed the ruling of a federal district court in Minneapolis which dismissed a lawsuit filed by a prisoner who lost three …
Article • September 8, 2017
Filed under: Tax Law, Religion Defined
Seventh Circuit Denounces "Sovereign Citizen" Claims in Otherwise Routine Denial of Frivolous Suit by Lonnie Burton by Lonnie Burton John Jones Bey sued the State of Indiana and county officials to enjoin them from taxing property he owns in Marion County, Indiana. He also sought a refund of past taxes …
Article • September 7, 2017
Maine Judge Rules Prisoner's Nearly Two-Year Stay in Segregation Without Explanation Defies Due Process, Orders Hearing on Damages by Lonnie Burton by Lonnie Burton On March 23, 2015, Kennebec, Maine, Superior Court Justice M. Michaels Murphy found in favor of a state prisoner who claimed prison officials violated his due …
Article • September 7, 2017
Filed under: Contractor Misconduct
Red-Light Camera Company to Pay $20 Million Settlement to City of Chicago to Settle Fraud and Bribery Lawsuit by Lonnie Burton by Lonnie Burton Redflex Traffic Systems, Inc., a red-light camera company located in Australia, agreed on February 3, 2017, to pay the city of Chicago $20 million to settle …
Article • September 6, 2017
Judicial Watch Not Entitled to Internal Department of Defense Memo In Bowe Bergdahl Case, D.C. Circuit Court Rules by Lonnie Burton by Lonnie Burton On February 7, 2017, a three-judge panel sitting in the U.S. Court of Appeals for the D.C. Circuit affirmed a ruling of the D.C. District Court …
Article • September 6, 2017
Random Drug Tests Do Not Violate Kansas Guard's Fourth, Fourteenth Amendment Rights, Tenth Circuit Holds by Lonnie Burton by Lonnie Burton On February 6, 2017, the U.S. Court of Appeals for the Tenth Circuit affirmed a decision of a Kansas federal district court judge dismissing a lawsuit filed by a …
Article • September 6, 2017
Filed under: Sentencing
Colorado Supreme Court Affirms Double Enhancement for Assault of Prison Guard by Christopher Zoukis by Christopher Zoukis The Colorado Supreme Court has upheld a trial court's decision to sentence a prisoner to a consecutive term for assaulting a prison guard and to enhance the sentence because it was committed by …
Article • September 6, 2017
Arizona Supreme Court Clarifies Proper Standard for Reviewing Search of a Probationer's Home by Christopher Zoukis by Christopher Zoukis The Arizona Supreme Court has cleared up confusion in the state about the amount of suspicion required to legally search a probationer's home without a warrant. Christian Adair was on probation …
Article • September 6, 2017
Eleventh Circuit Slams Douglas County, Georgia Sheriff's Office for Retaliation Against Whistle-Blower by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eleventh Circuit has issued a stinging opinion in which it firmly rebukes the retaliatory actions of the Douglas County, Georgia Sheriff's Office. Derrick Bailey, …
Article • September 6, 2017
Filed under: Children of Prisoners
California Appeals Court Reverses Termination of Parental Rights for Indian Child Welfare Act Notice Violation by Christopher Zoukis by Christopher Zoukis The California Court of Appeal for the First Appellate District has reversed a lower court's order terminating the parental rights of two imprisoned parents due to a failure to …
Article • September 6, 2017
Seventh Circuit Passes on Opportunity to Weigh in on Police Use of Cell-Site Simulators by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit has refused to remand a case for further fact-finding about the government's use of cell-site simulators during investigations. Damian Patrick …
Article • September 6, 2017
Prison Cannot Restrict Legal Visits by a Prisoner's Family Member/Attorney by Christopher Zoukis by Christopher Zoukis Michigan Department of Corrections Rule 607, which mandated that an attorney who is also a family member of a prisoner could not have legal visits with the prisoners, has been ruled unconstitutional. The Rule …
Article • September 6, 2017
City of New York Settles Police Beating Case for $614,500 by Christopher Zoukis by Christopher Zoukis The City of New York and two NYPD officers have settled a lawsuit alleging multiple beatings at the hands of officers. Jateik Reed, William Reid and Trevor Nigel alleged that they were improperly stopped …
Article • September 1, 2017
Filed under: Shootings
Maryland Court of Special Appeals Upholds $200,000 Award for Police Shooting of Dog by Christopher Zoukis by Christopher Zoukis The Maryland Court of Special Appeals has affirmed a damages award against a Franklin County Sheriff Deputy who shot a family dog while attempting to serve an arrest warrant. The deputy, …
Article • September 1, 2017
Second Circuit Rules Against American Civil Liberties Union on Drone Strike FOIA Request by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Second Circuit has denied a Freedom of Information Act (FOIA) request in which the American Civil Liberties Union requested documents from several government …
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