Michigan Auditor General: DOC Overspends Millions on Overtime by Matthew Clarke by Matt Clarke In October 2008, Michigan’s Auditor General released a performance audit on selected personnel and other administrative costs at the Department of Corrections (DOC) for the previous fiscal year. The report revealed that the DOC had overspent …
Michigan Sex Offender Registration Act Does not Apply to Bestiality Conviction by After pleading no contest to committing an "abominable and detestable crime against nature" with a sheep, Jeffrey Haynes was sentenced as a habitual criminal in a Michigan court to 2½ to 20 years behind bars. The trial court …
Plaintiffs Prevail in Objections to Taxed Bill of Costs by Following their arrest, conviction and imprisonment in 2002, Plaintiffs Kimberly Sykes and Tevya Urquhart, had the convictions overturned on appeal in 2004. Each woman then filed suit against various police officers in 2005 pursuant to 42 U.S.C. sec. 1983 alleging …
Homeless Michigan Man Nets $20,000 for Outrage Claim Stemming from Pepper Spray Arrest by A federal jury in Michigan awarded a mentally ill homeless man $20,000 for outrage claims involving two Mt. Clemens police officers pepper spraying him during an arrest. The arrest occurred on June 27, 2002, after Officers …
Court Denies Michigan Prison Officials Summary Judgment In Discrimination Suit by David M. Lawson, U.S. District Judge, has denied summary judgment to Michigan prison officials in a suit alleging racial discrimination in the termination of a visit by an interracial couple. Gordon Butter, a black prisoner in the Michigan Department …
Court Monitor Criticized Care to Michigan Dialysis Treatment Afforded Prisoners by David Reutter by David M. Reutter Before the Michigan Department of Corrections closed the Southern Michigan Correctional Facility (SMCF) in late 2007 to avoid further litigation in the long-running class action known as Hadix, the federal judge overseeing the …
Federal Prisoner’s §2241 Petition Dismissed for Non-Exhaustion; Prisoner Sought Sentence Reduction for Revealing Weapons by A federal court in Michigan denied a federal prisoner’s motion for relief from judgment summarily dismissing his habeas corpus petition. The court found that the prisoner failed to show that he exhausted his administrative remedies. …
$3.6 Million Settlement in Michigan Prisoner’s Segregation Cell Death by The family of Timothy Souders has agreed to accept $3.25 to settle a wrongful death claim relating to Timothy’s death. Timothy, 21, was the subject of a May 2007 PLN cover article, and a February 11, 2007, report on 60 …
Report Finds Increase in Michigan Prison Population Attributable to Political Policy Changes, Not Crime Increase by David Reutter Report Finds Increase in Michigan Prison Population Attributable to Political Policy Changes, Not Crime Increase by David M. Reutter A report issued by the Citizens Research Council of Michigan (CRC) concludes that …
Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 by Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 The U.S. Court of Appeals for the …
Adkins v. Wolever, 6th Circuit, Opinion, Assault by Guard Spoliation, 2009 Case: 07-1421 Document: 00615385358 Filed: 02/04/2009 Page: 1 RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 09a0038p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ X No. 07-1421 v. > , BASIL WOLEVER, …
Neal et al v. Michigan DOC, MI, Opinion, sexually hostile prison guard sexual misconduct, 2009 STATE OF MICHIGAN COURT OF APPEALS TRACY NEAL and All Others Similarly Situated, UNPUBLISHED January 27, 2009 Plaintiffs-Appellees, v DEPARTMENT OF CORRECTIONS, KENNETH MCGINNIS, JOAN YUKINS, SALLY LANGLEY, CAROL HOWES, ROBERT SALIS, CORNELL HOWARD, MARTIN …
Ashcroft, Justice Department Campaign to Expand Capital Punishment by by Michael Rigby During his four years as head of the U.S. Justice Department, Attorney General John Ashcroft has led a sinister campaign to force the federal death penalty in states that have either abolished capital punishment or rarely impose it. …
Michigan Escape is Not “Violent Felony” for ACCA Purposes by The Sixth Circuit Court of Appeals has held that a Michigan “failure to report” escape conviction was not a “violent felony” under 18 U.S.C. § 924, the Armed Career Criminals Act (ACCA). Anthony Collier was arrested by federal agents in …
Michigan Municipal Policy Creates § 1983 Liability Without Constitutional Violation By Agents by Bob Williams By: Bob Williams Michigan's Grand Traverse County (County) motioned for judgment as a matter of law in 2006 after a jury verdict of guilty regarding a deliberate indifference suit filed by former jail prisoner Amy …
Sixth Circuit Now Permits § 1983 Complaint to Proceed Even If Prisoner Did Not Initially Plead Exhaustion Below by Sixth Circuit Now Permits § 1983 Complaint to Proceed Even If Prisoner Did Not Initially Plead Exhaustion Below The Sixth Circuit U.S. Court of Appeals has vacated its precedent which held …
Residence Restriction On Federal Prisoner's Supervised Release Deemed Necessary by Federal Prisoner and American Indian Sheldon Alexander appealed a supervised release condition requiring him to reside in Grand Rapids, Michigan. It was implemented to isolate him from past influences and was ruled necessary to protect the public. Alexander's confessed alcohol …
Michigan's "Setting Aside Convictions Act" Doesn't Exempt Sex Offender Registration Requirement by Anonymous Michigan ex prisoners (Does) appealed a Sex Offender Registration Act (SORA) requirement after their convictions were set aside under the state's Setting Aside Convictions Act (SACA). The requirement was affirmed. The SACA allows for setting aside a …
Criminal Suspect Policeman's Photo And Address Not Protected From Press by A Michigan State Policeman's wife, Dorothy Bailey, appealed her 42 U.S.C. § 1983 dismissal after Port Huron Police Department personnel revealed her and her husband's personal information to the press. The dismissal was affirmed. Bailey and her inebriated husband, …
$2.75 Million Verdict in Dehydrated Michigan Prisoner’s Death by A Michigan federal jury awarded $2.75 million to a prisoner’s estate in a case claiming deliberate indifference to serious medical needs. The prisoner, Jeffrey Clark, was having mental health problems and died due to the effects of dehydration and inhumanely hot …
