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Virginia Supreme Court Says Plethysmograph Evidence Inadmissible by The Virginia Supreme Court has held that plethysmograph evidence is inadmissible in all judicial proceedings without foundation as to reliability. Matthew Edwards Billips committed several sex offenses involving young children when he was 18 years old. He was convicted of those offenses …
Article • September 15, 2011
Fifth Circuit: Texas DNA Testing Motion Tolls Federal Habeas Limitations by Matthew Clarke by Matt Clarke On November 14, 2007, the Fifth Circuit court of appeals ruled that a post-conviction DNA testing motion filed pursuant to Chapter 64 of the Texas Code of Criminal Procedure (C.C.P.) tolled the one-year limitations …
Tennessee GPS Monitoring of Sex Offenders Upheld by The Sixth Circuit Court of Appeals has held that Tennessee’s Sex Offender Registration and Monitoring acts do not violate the ex post facto prohibition of the U.S. Constitution. In doing so, the appellate court determined that tracking via a global positioning system …
Article • September 15, 2011 • from PLN September, 2011
Filed under: Searches, Strip Searches
$60 Million in Strip Search Settlements for Cook County Jail Prisoners by Derek Gilna Two separate settlements totaling almost $60 million were approved between November 2010 and January 2011 for Cook County, Illinois jail prisoners who were strip searched before being released. Both settlements stemmed from federal court cases filed …
Article • September 15, 2011 • from PLN September, 2011
Filed under: Searches, Strip Searches
Ninth Circuit Finds Maricopa County Jail’s Cross-Gender Strip Searches Unreasonable by On January 5, 2011, the en banc Ninth Circuit Court of Appeals reversed a district court’s dismissal of a prisoner’s lawsuit against the Maricopa County Sheriff’s Office (MCSO) and Sheriff Joe Arpaio. Charles Edward Byrd, while a pre-trial detainee …
Article • September 15, 2011 • from PLN September, 2011
$4.5 Million Settlement in Texas County Jail Strip Search Suit by On January 12, 2011, a Texas federal court approved a $4.5 million settlement in a civil rights lawsuit involving suspicionless strip searches of people booked into the Bexar County Detention Center (BCDC) in San Antonio, Texas for minor offenses. …
Former Federal Prisoner Seeks Almost $280,000 in Attorney Fees from BOP by In an unusual case, Nicole Michelle Defontes is seeking nearly $280,000 in “attorney’s fees, expert fees, and costs to challenge the Bureau of Prisons’ (BOP) violations of its own rules and regulations,” according to a motion filed in …
Article • September 15, 2011
Strip Searches of Juveniles Constitutional by The Eighth Circuit Court of Appeals has held that it is not unconstitutional to strip search juvenile arrestees. The ruling came in a class-action lawsuit filed by then 16-year-old Jodie Smook, who was arrested for violating local curfew laws. Smook was taken to the …
Article • August 15, 2011
Filed under: Searches, Strip Searches
Colorado Women Prisoners Call Strip-search Procedure Demeaning, Traumatizing by Pamela White Being strip-searched has long been a part of incarceration. But prisoners at the Denver Women’s Correctional Facility (DWCF) say a change in their strip-search procedure subjects them to undue humiliation and leaves some of them traumatized, particularly those with …
GPS Tracking of Washington Sex Offenders Expanded by David Reutter By David M. Reutter In September 2008, The Washington State Department of Corrections (WDOC) began requiring its most violent sex offenders to wear a GPS monitoring bracelet for the first 30 days after release from prison. The new program is …
Article • August 15, 2011 • from PLN August, 2011
Supreme Court Allows § 1983 Challenge to Texas Post-Conviction DNA Testing Law by Supreme Court Allows § 1983 Challenge to Texas Post-Conviction DNA Testing Law On March 7, 2011, the U.S. Supreme Court held that a Texas prisoner could challenge the due process he received under Texas’ post-conviction DNA testing …
Article • August 15, 2011
$3 Million Settlement in Kentucky Strip Search Class Action by By David M. Reutter A $3 million fund has been established to settle a class action lawsuit against Kentucky’s Hopkins County Detention Center (HCDC) for strip-searching the class members. The class consisted of an “Entry” class and a “Release” class. …
Article • August 15, 2011
Filed under: Searches, Strip Searches
Summary Judgment Granted Against Cook County in Challenge to Strip Search Policy by Brandon Sample By Brandon Sample On July 30, 2008, U.S. District Judge Elaine E. Buchlo granted a motion for summary judgment filed by the plaintiffs in a class action suit challenging the Cook County Department of Corrections’ …
Fulton County’s Blanket Strip Search Policy Unconstitutional by The Eleventh Circuit Court of Appeals has held unconstitutional a blanket strip search policy of arrestees as part of their point-of-booking into jail, of detainees who posted bond or were ordered released at the jail before booking was started or completed, and …
Article • July 15, 2011
Strip and Body Cavity Searches for Civil Contempt Arrestee Unjustified by Brandon Sample By Brandon Sample On March 28, 2008, U.S. District Judge Salvador E. Casellas denied a motion for judgment on the pleadings in a civil rights action challenging a strip and body-cavity search. Carmen Figueroa-Flores was involved in …
Article • July 15, 2011
Ninth Circuit: Warrantless Parole Search Unconstitutional Where "Residence" Was Only an "Emergency Address" Listed Years Earlier by John Dannenberg Ninth Circuit: Warrantless Parole Search Unconstitutional Where "Residence" Was Only an "Emergency Address" Listed Years Earlier By John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that a warrantless …
Article • July 15, 2011
$11,000 Settlement Reached in Sacramento County Wrongful Arrest Suit by On January 5, 2005, a settlement was reached in a complaint filed pursuant to 42 U.S.C. § 1983 against Sacramento County and various County law enforcement officials alleging 4th and 14th Amendment civil rights violations, as well as penal and …
Article • July 15, 2011 • from PLN July, 2011
Third Circuit Holds Blanket Policy of Strip Searching Arrestees, Absent Reasonable Suspicion, is Constitutional; Cert Granted by Michael Brodheim In a class-action suit brought under 42 U.S.C. § 1983, a federal district court in New Jersey held that a blanket policy of strip searching arrestees charged with non-indictable offenses, absent …
$5.25 Million Paid to Former Ohio Prisoner for Wrongful Murder Conviction by The City of Barberton, Ohio has paid $5.25 million to settle a lawsuit filed by a man wrongfully convicted of murder. Clarence Elkins spent almost eight years in prison before being exonerated by DNA evidence in 2005. Elkins …
Article • July 15, 2011 • from PLN July, 2011
San Francisco Blanket Jail Strip Search Policy Upheld in Ninth Circuit En Banc Ruling by Michael Brodheim In a class action § 1983 suit brought by pre-arraignment jail detainees, a divided Ninth Circuit panel held that San Francisco’s blanket policy of strip searching all arrestees classified for the jail’s general …
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