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Article • September 1, 2017
Media Companies Denied Damages and Fees in Public Records Litigation by Christopher Zoukis by Christopher Zoukis Five media companies, including The Associated Press, were denied statutory damages and attorney's fees in an unsuccessful public records request filed in Cincinnati, Ohio. The suit, filed over a body-camera video from a police …
First Circuit Orders Clarification of Conditions of Release for Sex Offender by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the First Circuit has ordered a lower court to clarify several conditions imposed upon a sex offender as part of his supervised release following a term …
Eighth Circuit: Pepper Spraying Prisoner's Genitals Not Excessive Force by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eighth Circuit has affirmed a district court's finding that a Missouri prison guard did not use excessive force when he pepper sprayed a prisoner four times, including …
Article • September 1, 2017
Filed under: Police Misconduct
Idaho Sheriff Guilty of Misuse of Public Funds by Christopher Zoukis by Christopher Zoukis Blaire Olsen, the former Sheriff of Jefferson County, Idaho, was found guilty of three counts of misuse of public funds after a 2015 jury trial. He was sentenced to three years of probation, and fired. On …
Article • September 1, 2017
Federal Judge: Chicago Guilty of 'Bad Faith' for Refusing to Provide Documents in Police Shooting Case, Cites Ongoing Pattern of Conduct by City by Lonnie Burton by Lonnie Burton In a sternly-worded 24-page order dated January 3, 2017, U.S. District Judge Joan B. Gottschall of the U.S. District Court for …
Article • September 1, 2017
Filed under: Hunger Strikes, Food, Suicides
New York Courts Affirms Prison's Right to Force Feed Prisoner by Lonnie Burton by Lonnie Burton On December 29, 2016, a New York appellate court ruled that prison officials did not violate a prisoner's rights by medically force feeding him. The court found that the prison's responsibilities for "safety and …
Article • September 1, 2017
Filed under: Guilty Pleas
Minnesota Court Refuses to Order Specific Performance in Murder Plea by Lonnie Burton by Lonnie Burton On December 27, 2016, the Court of Appeals of Minnesota denied an appeal filed by a woman who pled guilty to third degree murder, but who claimed the state reneged on the terms of …
Article • August 31, 2017
Filed under: Sex Offender Residence
Texas Court of Appeals: Decriminalization of Civil Commitment Conditions Violation Applies to Cases Pending on Appeal by Matthew Clarke by Matt Clarke On November 16, 2016, a Texas court of appeals held that a legislative amendment that removed criminal penalties for violations of sex offender civil commitment supervision requirements applied …
Florida Sheriff Not Immune from Suit in Hiring Decisions Allegedly Motivated By Politics, Eleventh Circuit Rules by Lonnie Burton by Lonnie Burton On December 14, 2016, the United States Court of Appeals for the Eleventh Circuit reversed a lower court ruling and reinstated a lawsuit brought by a former Broward …
Article • August 31, 2017
Illinois Court Allows Medical Indifference Case to Proceed to Trial, Denies Summary Judgment to Prison Officials for Prisoner's Tooth Pain by Lonnie Burton by Lonnie Burton In a Memorandum and Order dated November 7, 2016, U.S. Magistrate Judge Stephen C. Williams of the U.S. District Court for the Southern District …
Article • August 31, 2017
Filed under: Dental Care
Idaho Court Affirms Dismissal of Prisoner's Civil Rights Lawsuit Which Sought Relief for Denial of a Dental Pick by Lonnie Burton by Lonnie Burton On November 4, 2016, the Idaho Court of Appeals affirmed a lower court order which dismissed a lawsuit filed by a state prisoner which had alleged …
Article • August 31, 2017
Filed under: Protests
Supreme Court Holds Demonstrators May Be Arrested for Trespassing Jail Grounds by Matthew Clarke by Matt Clarke On November 14, 1966, the Supreme Court of the United States held that demonstrators may be arrested for protesting on jail property. A group of about 200 students were protesting on a nonpublic …
Article • August 31, 2017
Indiana: Incarcerated Mother's Parental Rights Termination Overturned by Lonnie Burton by Lonnie Burton On November 10, 2016, the Indiana Court of Appeals reversed a lower court's order terminating the parental rights of a mother who found herself serving a seven month jail sentence for a drug offense. The appellate court …
Article • August 31, 2017
Tenth Circuit Affirms Dismissal of Eighth Amendment Lawsuit Over Botched Oklahoma Execution by Lonnie Burton by Lonnie Burton On November 15, 2016, the United States Court of Appeals for the Tenth Circuit upheld the dismissal of a lawsuit brought by the estate of a prisoner who was executed by lethal …
Article • August 31, 2017
California Prison Guard's Dismissal Upheld By Appellate Court by Lonnie Burton by Lonnie Burton On November 16, 2016, the Court of Appeal, Fourth Appellate District, Division One, in California reversed a trial court's decision to order the reinstatement of employment of a state prison guard who was fired after he …
Seventh Circuit Affirms Dismissal of Indiana Prison Counselor's Retaliation, Sex and Age Discrimination Lawsuit by Lonnie Burton by Lonnie Burton On December 10, 2014, the United States Circuit Court for the Seventh Circuit upheld a district court order dismissing a lawsuit brought by a former Indiana prison substance abuse counselor …
Article • August 31, 2017
Arkansas: Failure to Include Interested Party is Fatal to Action for Declaratory Relief by Dale Chappell by Dale Chappell Failure to include an interested party is fatal to an action for declaratory relief, the Arkansas Supreme Court held on August 3, 2017. Cedric Brown pleaded guilty to attempted first-degree murder …
Article • August 31, 2017
Filed under: Mandamus, Parole
Denial of Parole No Basis for Writ of Mandamus in Arkansas by Dale Chappell by Dale Chappell A petitioner’s claim that his rights were violated when he was denied parole is no basis for a writ of mandamus, the Arkansas Supreme Court held on August 3, 2017. Anthony Warren filed …
Article • August 31, 2017
Filed under: Parole
Constitutional Claim Required to Trigger Judicial Review Under Arkansas Administrative Procedure Act by Dale Chappell by Dale Chappell A petitioner must state a colorable constitutional claim to trigger entitlement to judicial review under the Arkansas Administrative Procedure Act (APA), the Arkansas Supreme Court held on August 3, 2017. Jeremy Kennedy …
Opening the Door by Jean Casella and Aviva Stahl by Jean Casella and Aviva Stahl, Solitary Watch What will it take to end long-term solitary confinement in America’s prisons? Colorado could be the first to find out. For 13 of his 22 years in prison, Cero Smith spent 23 hours …
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