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Treatment Required For Prisoners Committing Sex Offenses In Prison by Bob Williams By Bob Williams The Colorado Court of Appeals rejected a plea by a state prisoner to avoid Colorado's Sex Offender Treatment Program (SOTP) which the Colorado Department of Corrections (CDOC) requires based on sexually based disciplinary infractions. Timothy …
Article • May 15, 2011
Requests to BOP by Sentencing Judge not Reviewable on Appeal by Federal criminal defendants may not appeal requests made by district judges to the Bureau of Prisons (BOP), the U.S. Court of Appeals for the Sixth Circuit decided October 26, 2009. Jerry Hebert pled guilty to bank robbery. At his …
Controversial Drug Given to All Guantanamo Detainees Akin to “Pharmacologic Waterboarding” by by Jason Leopold and Jeffrey Kaye The Defense Department forced all “war on terror” detainees at the Guantanamo Bay prison to take a high dosage of a controversial antimalarial drug, mefloquine, an act that an Army public health …
Bailey v. Pataki, NY, Memorandum, Involuntary Admittance to Hospitals, 2010 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KENNETH BAILEY, Plaintiff, -againstGEORGE PATAKI, et. al., Defendants. Case No. 08-Civ-8563 (JSR) Memorandum in Law in Support of Plaintiff’s Motions for Preclusion of Prejudicial Evidence and for Bifurcation TABLE OF CONTENTS …
Texas Parolee Challenges His Designation as Sex Offender by On September 3, 2002, Texas parolee Miller Branch, Jr., filed an amended civil rights complaint in federal district court pursuant to 42 U.S.C. § 1983 challenging his designation as a "sex offender" by parole officials and the requirement that he register …
Washington State DNA Collection Fee Affirmed on Appeal by On October 15, 2008, Brandy Brewster of Washington State was convicted by a jury for possession of cocaine, for which she was arrested almost two years previously on November 15, 2006. At her sentencing on December 8, 2008, Ms. Brewster was …
$862,500 Settlement in Mentally Ill Ohio Jail Prisoner’s Death by A settlement of $862,500 has been reached in the death of a mentally ill prisoner who died at Ohio’s Summit County Jail (SCJ). While acting in a delusional and disoriented manner, Mark D. McCallaugh, 28, was arrested on August 7, …
$750,000 Settlement in Alabama Prisoner’s Heat Death by A $750,000 settlement was paid to the mother of an Alabama mentally ill prisoner who died as the result of exposure to extreme heat while on psychotropic medication. Just four days after his admission to Kilby Correctional Facility (KCF), prisoner Farron Barksdale, …
California Pretrial Detainees Who Are Mentally Incompetent to Stand Trial Responsible for Treatment Costs by California’s Fifth District Court of Appeals has held “there is no equal-protection violation in the legislative determination that estates of individuals committed to state hospitals pursuant to Penal Code section 1368 as pretrial detainees may …
State May Lawfully Punish Sex Offender for Refusing to Participate in Sex Offender Program by Sex offenders may be denied certain privileges for refusing to participate in a sex offender treatment program without running afoul of the First and Fifth Amendments, the U.S. Court of Appeals for the Third Circuit …
Article • September 15, 2009
Ninth Circuit Clarifies Standard for Forcibly Medicating Incompetent Defendant by United States prisoner Jose Hernandez Vasquez (defendant) appealed his court ordered forced medication to render him competent to stand trial. The order was vacated and remanded to institute parameters for government physicians' administration of medication and for a dangerousness inquiry. …
Article • July 15, 2009
Prison Officials Entitled to Make Medical Decisions for Delusional Prisoner by California’s Fifth Appellate District has held that a court’s decision to grant prison administrators authorization to consent to medical treatment on a prisoner’s behalf was proper. The decision to grant a prison doctor’s petition under Probate Code section 3201 …
Article • January 15, 2009
California Thwarts Due Process In "Medically Disordered Offender" Post Release Commitment Trial by California Mentally Disordered Offender (MDO) Roy Cobb, Jr., appealed a court order, imposed after his statutory release date, committing him to the state hospital. The order was affirmed because Cobb was put on notice prior to his …
Article • May 15, 2007
Executing Prisoner Who Regained Competency Does Not Violate His Rights by The Eighth Circuit Court of Appeals concluded that a state does not violate the Eighth or Fourteenth Amendments by executing a prisoner who regains competency through forced medication. Charles Singleton was convicted of capital murder and aggravated robbery in …
Claims Against California Youth Authority Valid, Class Certified by The U.S. District Court, E.D. California, held that a California Youth Authority (CYA) prisoner had standing for injunctive relief as to mental health claim; allegations supported Rehabilitation Act (RA) and Americans with Disabilities Act (ADA) claims and access to court claims; …
No Heightened Pleading Standard for 1983 Actions by The U.S. Court of Appeals for the Third Circuit has reinstated a pro se prisoner's action challenging his involuntary commitment to a psychiatric hospital under 42 U.S.C. 1983. A lower court had dismissed the case for failure to state an actionable cause. …
Retaliation for Prisoner's Complaint is Unconstitutional by The Appeals courts of Massachusetts ruled that retaliation against a prisoner for complaining of prison conditions is unconstitutional and violates the First Amendment guarantee of free speech, provided the prisoner proves the prison officials acted as a result of his complaint. A MA …
Article • May 15, 2007
Defendant Drugged for Capital Trial by The court authorizes the involuntary medication of the man who shot up the Capitol Building and killed two police officers. The proposed treatment is medically appropriate because the respondent is a diagnosed paranoid schizophrenic and antipsychotic medication is the only available treatment. The potential …
Punishment of Mentally Ill Prisoner Upheld by The plaintiff state prisoner, who has schizophrenia with a history of violent behavior and fire starting, was subjected to disciplinary sanctions for his misbehavior. He was not disciplined for refusing his medication, though he was once threatened with discipline. At 625: "Plaintiff had …
Suit by Mentally Ill NY Jail Prisoners Dismissed by Several plaintiffs alleged that they were subjected to over-medication with psychotropic drugs and denial of timely psychiatric care, timely prescription drug administration, adequate staffing of observation holding cells, adequate therapeutic psychiatric care, and discharge planning and treatment plans. The plaintiffs do …
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