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Eighth Circuit Reverses Dismissal of Forced Religion Claim by The Eighth Circuit Court of Appeals reversed the dismissal of a prisoner?s Establishment Clause Claim as frivolous. In June 2000, Arkansas prisoner James Munson was granted parole, contingent upon completion of a year long sex offender treatment program called Reduction of …
False Positive - Phoenix New Times article on retaliation at Sheriff Arpaio's jail by Robert Nelson False Positive Is Joe Arpaio up to his same old dirty tricks? This time, a man's life may be at stake. By Robert Nelson Published: February 19, 2004 Jim Cozzolino wasn't afraid of serving …
Findings of Fact by Indiana Disciplinary Panel Not Entitled toPresumption of Correctness for Federal Habeas Purposes by John Dannenberg by John E. Dannenberg Seeking to clarify an "established proposition frequently ... overlooked in litigation arising from Indiana's prison system," the Seventh Circuit U.S. Court of Appeals held that the lower …
Unsupported Penile Plethysmograph Testing as Condition of Release Rises to Due Process Violation, Creates Liberty Interest by The Ninth Circuit U.S. Court of Appeals held that arbitrarily imposing a penile plethysmograph [electromechanical gauge of male sexual stimulation] testing requirement as a condition of supervised release for a sex offender violates …
Fifth Circuit Reverses Dismissal of Mississippi Retaliation For Letters to a Newspaper Claim by In an unpublished opinion the Fifth Circuit Court of Appeals reversed a lower court's dismissal, for failure to state a claim, of a prisoner's retaliation suit against one prison official, but upheld the dismissal of claims …
Massachusetts District Court: FBI Ordered to Pay $101.7 Million for Malicious Prosecution by Michael Rigby A federal judge in Massachusetts has awarded $101.7 million to four innocent men who were framed by the FBI for a murder they did not commit. In a scathing 228-page decision entered on July 26, …
Article • October 15, 2007 • from PLN October, 2007
Minnesota Sanction for Sex Offender Treatment Refusal Violates Fifth Amendment by The Minnesota Court of Appeals held that disciplining a prisoner and extending his prison sentence for refusal to participate in sex offender treatment was a violation of the Fifth Amendment. The appellate court concluded that State ex rel. Morrow …
“War on Terror” Whistleblowers, Dissenters are Fired, Prosecuted; Plaintiff’s Lawyers Help Turn Them In by Alex Friedmann War on Terror Whistleblowers, Dissenters are Fired, Prosecuted; Plaintiff's Lawyers Help Turn Them In by Alex Friedmann In January 2005, Lt. Commander Matthew M. Diaz was a Navy staff judge advocate serving a …
Sixth Circuit Now Permits § 1983 Complaint to Proceed Even if Prisoner Did Not Initially Plead Exhaustion Below by John Dannenberg by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals has vacated its precedent which held that a prisoner had an affirmative burden to plead exhaustion of administrative …
Article • September 15, 2007 • from PLN September, 2007
California: Disciplinary Conviction Upheld Where Petitioner Argued Only Violation of Constitutional Rights, Not State Law Rights by John Dannenberg Strictly construing the U.S. Supreme Court's "some evidence" rule, the California Court of Appeal held that where one cellmate had secreted contraband razor blades in his cell property, his cellmate could …
Due Process Required Before Termination from Colorado Sex Offender Treatment Program by Bob Williams The United States District Court for the District of Colorado has again found that Colorado state prisoners convicted of sex offenses have a liberty interest in receiving treatment and must be afforded due process prior to …
More Settlements and Verdicts in New Hampshire False Disciplinary Charge Case by A federal jury in New Hampshire has awarded a total of $150,000 to two former prisoners in the continuing saga of false disciplinary charges by a guard at the Hillsborough County Jail. These cases stem from the actions …
Harsh Federal Parole Conditions for Federal Sex Offender Upheld by The U.S. Court of Appeals for the Second Circuit has affirmed a federal district court order requiring a released sex offender to undergo polygraph exams, to avoid contact with minors, and to abstain from using the Internet while on parole. …
Landmark Settlement Reduces SHU Time, Increases Treatment Of New York Prisoners With Mental Illness by by Betsy Sterling After five years of litigation and two weeks of trial, the New York State Department of Correctional Services and Office of Mental Health have agreed to a settlement that establishes major improvements …
Loss of Good Time Credits Without Notice Warrants Habeas Relief by The U.S. Tenth Circuit Court of Appeals has reversed an Oklahoma Federal District Court's denial of a state prisoner's 28 U.S.C. § 2241 petition for habeas corpus relief and granted a certificate of appealability (COA) to him. Rayford Mayberry …
Article • May 15, 2007
Sixth Circuit Rules Tennessee Prisoner Has Liberty Interest in Parole by The Sixth U.S. Circuit Court of Appeals has vacated and remanded a Tennessee Federal District Court's dismissal of a Tennessee prisoner's 42 U.S.C. §1983 suit as having no basis in law or fact. Alvin Seagroves, a Tennessee state prisoner …
Washington Prisoner Has Right to Due Process at Disciplinary Hearing by In an unpublished decision, the Washington Court of Appeals, Division One, held that pro se prisoner, Eric Felton, was denied his due process rights at a prison disciplinary hearing. In 1998, Felton was charged with arranging the assault of …
Threat at Disciplinary Hearing Raises Due Process Issue by The U.S. District Court for the Eastern District of Pennsylvania held that unresolved factual issues precluded summary judgment. A Pennsylvania prisoner brought a §1983 action alleging violations of his right to due process during a disciplinary hearing in which the disciplinary …
Washington DOC Pays $1,200 in Retaliation Suit by On August 2, 1999, Leonard Richardson was paid $1,200 by the State of Washington and the Department of Corrections. In July of 1995, Richardson was confined at the McNeil Island Corrections Center in Steilacoom, Washington. While there at MICC, Richardson filed several …
Article • May 15, 2007
Racial Discrimination Case Reversed and Remanded for Damages by The U.S. Court of Appeals for the Eighth Circuit reversed a U.S. district court's finding that a Nebraska prison official did not racially discriminate against a state prisoner and remanded for a damages hearing. Prisoner Plaintiff brought a §1983 action after …
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