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Article • May 15, 2007
New Jersey Parole Suit Dismissed by At 640: There is no federal constitutional right to parole. . . . Nevertheless, the Third Circuit has held that "once a state institutes a parole system, all prisoners have a liberty interest flowing directly from the due process clause in not being denied …
Parole Retaliation Suit Dismissed by The plaintiff alleged that prosecutors reneged on a plea bargain by failing to submit favorable letters to the parole board and instead submitting unfavorable letters, and that the parole board retaliated against him for having filed federal court litigation. The plaintiff's claim for breach of …
Pennsylvania Sex Offender Parole Denial Suit States Some Claims by The plaintiff, seeking to represent a class, complained that denying her parole and imposing other adverse consequences in prison because of her refusal to disclose her sexual history, possibly including uncharged criminal activity, in a sex offender program violated her …
Article • May 15, 2007
Psychologist Who Prepares Parole Report Gets Judicial Immunity from Suit by The plaintiff alleged that he was denied parole based on a report by the defendant psychologist. The parole denial was later reversed in court. A private actor who conducts a psychological evaluation of a parole candidate on the order …
Article • May 15, 2007
California Lifers Must File Parole Habeas Petitions in County of Commitment by by John E. Dannenberg The California State Supreme Court ruled that life prisoners challenging denials of parole must file their state habeas corpus petitions in the county of commitment, not in the county where they are incarcerated. Orlando …
No Absolute Immunity for Parole Officials by The Seventh Circuit Court of Appeals reversed a lower court's dismissal of a suit against several parole officials, finding they were not entitled to absolute immunity. In 1990, Lance Dawson was convicted of Indiana criminal charges and placed on probation for 3 years, …
Article • May 15, 2007
Parole Revocation Hearing Required by 18 U.S.C. § 4214(c) by Parole Revocation Hearing Required by 18 U.S.C. § 4214(c) The Sixth Circuit Court of Appeals held that the United States Parole Commission erred in failing to hold a parole revocation hearing as required by 18 U.S.C. §4214(c), after a parolee …
Article • May 15, 2007
Florida Parole Commission Cannot Substitute Its Factual Findings for Hearing Examiners by Florida Parole Commission Cannot Substitute Its Factual Findings for Hearing Examiners A Florida federal district court has granted a prisoner a writ of habeas corpus based upon the Florida Parole Commission (FPC) substituting its own facts for the …
Article • May 15, 2007
Alcoholics Anonymous Parole Requirement Violates Establishment Clause by Alcoholics Anonymous Parole Requirement violates Establishment Clause The supreme court of Tennessee held that the Tennessee parole board's method of determining prisoner parole eligibility, by circulating and reviewing case files individually, does not violate the state's open records act. The court held …
Race Discrimination in Seg Placement and Parole Denial States Claim by The court of appeals for the Fifth circuit held that a district court erred in dismissing an Alabama prisoner's claim that he was placed in indefinite administrative segregation and denied parole due to being black and filing lawsuits. Case …
Article • May 15, 2007
Kansas Open Records Act Requires DOC to Disclose Parolee Info To Public by The Kansas Supreme Court held that the Kansas Open Records Act (KORA) requires that state's Department of Corrections (KDOC) to provide certain parolee supervision information to requestors. In doing so, that court narrowly construed KORA's "supervision history" …
Article • May 15, 2007
Colorado Upholds 100 Years-to-Life for Sex Offender Under New Lifetime Act by The Colorado Court of Appeals has affirmed two consecutive, 50 years-to-natural-life sentences for a sex offender convicted of class 3 and class 4 sex offenses under Colorado's new Sex Offender Lifetime Supervision Act (the Act). Delbert Larson was …
Article • May 15, 2007
§ 2241 Habeas Corpus Okay for Parolee's Bail Release by The Seventh Circuit determined that a federal parolee could file a petition for writ of Habeas Corpus under § 2241 for his release on bail, while his revocation proceedings were still pending. Vincent Molina was a federal parolee who violated …
Article • May 15, 2007
Government Estopped From Re-arresting Wrongfully Paroled Prisoner by The Ninth Circuit Court of Appeals held that the U.S. Government could not re-arrest and detain a parolee it had released despite the parolee being sentenced to a non-parolable sentence. The parolee was sentenced to 15 years for importing marijuana and engaging …
Article • May 15, 2007
Slow, Incompetent Investigation Causing Over Detention Not Deliberate Indifference by The Third Circuit Court of Appeals held a parole board' s misinterpretation of a sentencing court's order and a slow investigation into the order's meaning did not exhibit deliberate indifference. The plaintiff, a former prisoner of the Philadelphia County Prison, …
Article • May 15, 2007
Filed under: Sentencing, Parole
Washington Parole Revocation Process Upheld by The Ninth Circuit Court of Appeals held that a Washington State Parole Board was within its discretion of setting a parolee's minimum term at 108 months without giving written reasons, and a formal on-site hearing conducted within 21 days after parole was suspended was …
Article • May 15, 2007
Filed under: Sentencing, Parole
Federal Supervised Release Begins on Day of Release From Imprisonment by The Third Circuit Court of Appeals held that a defendant's period of supervised release begins on the day the defendant is released from imprisonment. The defendant in this case was released to a Pennsylvania halfway house and later paroled …
Article • May 15, 2007
Federal Class C Felony Permits 24 Months or Less Imprisonment Upon Supervision Revocation by Federal Class C Felony Permits 24 Months or Less Imprisonment Upon Supervision Revocation The Fifth Circuit Court of Appeals held that a defendant may not be sentenced to more than 24 months imprisonment upon the revocation …
Illinois Prisoner's Suit Dismissal Affirmed, Strike Reversed by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court, Central District of Illinois, held that state prison rules did not create a liberty interest in minimum-security and work-release placement and Illinois law did not create a reasonable expectation of …
Article • May 15, 2007
NJ Parole Class Action Settled by A U.S. District Court for New Jersey held that a group of New Jersey state prisoners, who were seeking injunctive relief from the state's Parole Board for its consistent failure to conduct timely parole hearings, warranted certification as a class action for the purpose …
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