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Melnik v. Dzurenda, et al., NV, order, prisoner due process, disciplinary hearing, 2020 j.io-uv-uuD/u-Miviu-ULB Document 69 Filed 02/07/20 Page 1 of 13 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 JOHN MELNIK, Case No. 3:16-cv-00670-MMD-CLB 7 Plaintiff, ORDER 8 JAMES DZURENDA, etal., 9 Defendants. 10 11 …
Article • December 1, 2019
Oregon Court of Appeals: Entering iPhone Passcode is Testimonial Act; Can Be Compelled if State Establishes Defendant’s Knowledge of Passcode is ‘Foregone Conclusion’ by Mark Wilson by Mark Wilson In a case of first impression, the Oregon Court of Appeals held that entering a passcode into a smartphone is testimonial …
Article • November 23, 2019
Arkansas Supreme Court Denies Judicial Review of Prisoner’s Disciplinary Case by Edward Lyon by Ed Lyon Malik Muntaqim, a prisoner assigned to the Arkansas Department of Correction’s (ADC) Ouachita River Unit, was seeking a transfer to a different prison unit and experienced racial discrimination. In his written transfer request, Muntaqim …
Article • October 14, 2019
Illinois Supreme Court: Prisoner’s Rights to Due Process Not Violated by Aaron P. Fillmore, as a prisoner at the Lawrence Correctional Center in Illinois, was cited for violating rules related to being involved in a “Security Threat Group or Unauthorized Organizational Activity." Guards contended that Fillmore assumed an active leadership …
Article • September 14, 2019
Disciplinary Hearing Restitution Order Enforceable in Bankruptcy Proceeding by An Idaho federal Bankruptcy Court held that a prison disciplinary restitution order was enforceable and may be distributed from the proceeds of a lawsuit settlement. While an Oregon prisoner, Marlin B. Pohlman was subjected to a misconduct charge for a property …
Adams v. Baker, TN, Trial Opinion, Retaliation, 2019 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA CHRISTOPHER ADAMS, Plaintiff, v. DAVE BAKER, Defendant. ) ) ) ) ) ) ) ) ) Case No. 1:16-cv-335 Judge Travis R. McDonough Magistrate Judge Susan K. Lee TRIAL OPINION Plaintiff Christopher …
Article • July 2, 2019 • from PLN July, 2019
Former Louisiana Warden Nate Cain, Son of Infamous Burl Cain, Pleads Guilty by David M. Reutter by David M. Reutter “Yes, sir,” said Nathan Burl Cain II. With that reply in March 2019, the former warden of Louisiana’s Avoyelles Correctional Center, now known as the Raymond Laborde Correctional Center, abruptly …
Article • May 3, 2019 • from PLN May, 2019
New Jersey Prisoner Who Suggested Date to Nurse Has Disciplinary Action Reversed by In an unpublished ruling, the Appellate Division of New Jersey’s Superior Court reversed a disciplinary action against a prisoner who had contacted a prison nurse to suggest a date. Shakey Norman was found guilty by a disciplinary …
$25,000 Settlement Over Connecticut False Arrest and Malicious Prosecution Claims by Mark Wilson by Mark Wilson The City of Norwalk, Connecticut, paid $25,000 to settle false arrest and malicious prosecution claims against a Norwalk Police Department (NPD) detective. On October 3, 2013, Robert Ragsdale complained to the NPD that he …
Article • February 5, 2019 • from PLN February, 2019
Seventh Circuit: District Court Abused Discretion in Not Seeking Counsel for Pro Se Prisoner by by Dale Chappell In a case where a prisoner filed a civil rights claim against prison doctors but failed to follow proper legal procedures, the district court abused its discretion when it refused to seek …
Brief • December 8, 2018
Phillips v. City of Chicago, IL, Settlement, False Arrest & Malicious Prosecution, 2018 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PAUL PHILLIPS and LEWIS GARDNER, Plaintiffs, VS. CITY OF CHICAGO; CHICAGO POLICE OFFICERS ANTHONY VILLARDITA #20849, THOMAS JOHNSON #20820, BRIAN KILLACKY #20748, TERRY …
Article • November 7, 2018 • from PLN November, 2018
BOP’s Violation of Alcohol Policy Ends in Expungement, Reversal of Disciplinary Sanctions by Dale Chappell by Dale Chappell The Bureau of Prisons’ (BOP) violation of its own alcohol policy prompted the expungement of disciplinary reports and reversal of sanctions imposed on two prisoners after they challenged their disciplinary convictions in …
Article • November 7, 2018 • from PLN November, 2018
Prisoner Can Face Discipline Yet Still Sue Guard for Excessive Force Under Heck by The Eleventh Circuit Court of Appeals held on April 23, 2018 that the “inconsistent-factual-allegation gloss” on Heck v. Humphrey, 512 U.S. 477 (1994) applies only “where the allegation in the [42 U.S.C.] § 1983 complaint is …
Article • November 6, 2018 • from PLN November, 2018
Texas Prison Officials Demoted, Fired after Disciplinary Quota System and Planted Contraband Exposed by In April 2018, prisoners at the Texas Department of Criminal Justice’s (TDCJ) Ramsey Unit in Rosharon smuggled out of the facility and into the hands of the Houston Chronicle records that proved the existence of a …
Ninth Circuit: Prisoner’s Disciplinary Appeal Exhausted Claim of Having to Work on Religious Holiday by Christopher Zoukis by Christopher Zoukis On May 18, 2018, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s order dismissing a prisoner’s complaint for failure to exhaust administrative remedies. The Ninth …
Article • November 6, 2018 • from PLN November, 2018
Alaska Supreme Court Reverses Disciplinary Case Where Prisoner Not Allowed to Call Witnesses by Matthew Clarke, David Reutter by Matt Clarke and David Reutter On April 27, 2018, the Supreme Court of Alaska held that a prisoner had been improperly denied his right to call witnesses at a prison disciplinary …
Contraband Found in Prisoner’s Rectum Supports Conviction by David Reutter by David Reutter In December 2017, a Pennsylvania Superior Court affirmed a conviction for possession of contraband by a state prisoner. The court rejected the prisoner’s claim that the evidence was insufficient to support the conviction, as testimony presented at …
Brief • September 14, 2018
Filed under: Malicious Prosecution
Daniel v. City of Chicago, IL, Settlement, Malicious Prosecution, 2018 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DMSION TANDEN DANIEL, ) ~~~ff, ) ) ) ~ No. 16 L 003107 ) ) CITY OF CHICAGO, CHICAGO POLICE OFFICER RAFAEL BONIFAZI, CHICAGO POLICE OFFICER JOHN DYCKMAN, and …
Article • September 4, 2018 • from PLN September, 2018
Maine: Superior Court’s Dismissal for Lack of Jurisdiction Not Supported by the Record by Dale Chappell by Dale Chappell A sua sponte dismissal for lack of jurisdiction by a state Superior Court was improper, the Maine Supreme Judicial Court held on April 19, 2018, when the record was “otherwise devoid” …
Article • September 4, 2018 • from PLN September, 2018
NC Escape Attempt that Left Four Dead Leads to Reforms, Increased Punishment by Four employees at North Carolina’s Pasquotank Correctional Institution were killed during an ill-conceived escape attempt last year. The four prisoners involved in the incident, who were caught before they left the prison grounds, have been charged with …
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