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Utah Sex Offender Registration Injunction Vacated by On August 20, 2009, a Utah federal court lifted the injunction it had previously issued against the Utah sex offender registry requiring registered sex offenders to register their internet names and passwords. John Doe is the pseudonym for a man who was convicted …
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 …
"Mere Propinquity" Not Sufficient Probable Cause for Search of Home by "Mere Propinquity" Not sufficient Probable Cause for Search of Home On March 22, 2006, a Sheriff’s Deputy was shot and killed while conducting a traffic stop in Bernalillo County, New Mexico. The search for the primary suspect in the …
Seventh Circuit Reverses Class Certification in Cook County Jail Case by On September 8, 2008, the Seventh Circuit court of appeals reversed an Illinois federal district court's class certification in a suit over delay in the release of an arrestee while family members were attempting to post bond. Robert Harper …
Juvenile Abused at D.C. Jail Settles for $31,000 Plus Attorney Fees by On December 19, 2002, a juvenile abused while on a field trip at a District of Columbia jail settled her federal 42 U.S.C. § 1983 lawsuit for $31,000. In addition, attorney fees were awarded by the U.S. District …
Article • April 15, 2010 • from PLN April, 2010
Washington State Agrees to Pay $15,000 to Probationer Whose Urine and Blood Were Forcibly Taken from Him by The State of Washington has agreed to pay $15,000 to settle a suit over the forcible taking of urine and blood samples from a Washington probationer. Matthew Arthur was arrested for DUI …
Cook County Strip, Body Cavity Searches Held Unconstitutional; Other Suits Pending by Brandon Sample On February 23, 2009, U.S. District Court Judge Matthew F. Kennelly granted partial summary judgment to the plaintiffs in a class action lawsuit challenging certain strip and visual body cavity searches conducted at Illinois’ Cook County …
Article • March 15, 2010 • from PLN March, 2010
Massachusetts GPS Program Upheld by State Supreme Court by Mark Wilson The Massachusetts Supreme Judicial Court vacated a lower court order which found that a sheriff had violated state law when he released sentenced prisoners on a GPS-monitoring program. On March 8, 2007, Edward Donohue was convicted of his third …
Brief • March 10, 2010
Taylor v. City of Oakland, CA, Habeas Writ for Witness Engram, Roadside Strip Search, 2010 Case3:04-cv-04843-MHP Document177 Filed03/10/10 Page1 of 3 4 JOHN L. BURRIS, Esq./ State Bar #69888 BENJAMIN NISENBAUM, Esq./State Bar #222173 LAW OFFICES OF JOHN L. BURRIS Airport Corporate Centre 7677 Oakport Street, Suite 1120 Oakland, California …
Brief • March 1, 2010
Allison v. GEO Group, PA, Settlement Agreement, strip search, 2010 Case 2:08-cv-00467-JD Document 60-3 Filed 03/01/10 Page 1 of 22 EXHIBITS TO MEMORANDUM OF LAW 1. Settlement Agreement, with following attached Exhibits: A. Proposed Claim Form B. Proposed Class Notice: Summary Notice (for mailing and posting), Longer Mailed Notice C. …
Article • January 15, 2010 • from PLN January, 2010
Filed under: Drug Testing, Sentencing, Bail
Washington Pretrial Release UAs Invalidated by In three consolidated criminal cases, the Court of Appeals for Washington state held that a standard pretrial release condition requiring weekly urinalysis (UA) tests was inappropriate. Washington residents Amber Dee Rose, Danielle Wilson and Kevin Wentz were charged with criminal offenses. The state recommended …
Article • January 15, 2010
Escapees Retain No Privacy Right From Searches by Prison escapees enjoy no Fourth Amendment right to privacy, the U.S. Court of Appeals for the Fifth Circuit decided February 26, 2009. Dan Ward was mistakenly released by state authorities after receiving a ten year sentence for being a felon-in-possession of a …
Article • January 15, 2010
Minnesota Holds DNA Testing Upon Arrest Unconstitutional by The Minnesota Court of Appeals has declared unconstitutional a state law mandating that biological samples be drawn for DNA testing upon arrest. A DNA sample may be taken for the purpose of producing evidence of a crime, but only after a warrant …
Supreme Court: No Due Process Right to Post-Conviction DNA Testing by On March 2, 2009, the United States Supreme Court ruled that there is no federal substantive due process right to post-conviction DNA testing. William G. Osborne, an Alaska state prisoner, was convicted of a 1993 kidnapping, assault and sexual …
Article • December 15, 2009
Illinois Federal Court Refuses to Dismiss Chicago Jail Strip Search Suit by On September 15, 2008, a federal court in Illinois denied a motion to dismiss by the Sheriff of Cook County and Cook County, Illinois, in a suit involving the strip searching of prisoners returning from court appearances. Charles …
$16.5 Million-Plus Settlement in Oklahoma City False Conviction Case by Matthew Clarke by Matt Clarke On June 8, 2009, a federal district judge in Oklahoma City signed a judgment following the settlement of a suit awarding a man who spent 17 years in prison for a rape he did not …
Article • December 15, 2009
$11,000 Settlement for Arresting Wrong Person 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 Fourth and Fourteenth Amendment civil rights violations, as well as penal and civil code violations. …
$125,000 Paid For Illegal Colonoscopy to Search for Drugs by On July 18, 2009, a New York State parolee, Tunde Clement, agreed to a $125,000 settlement in a lawsuit he filed in 2007 against Albany County, New York and Albany Medical Center Hospital. Clement's attorney, John F. Queenan, claimed his …
GPS Used to Track Sex Offenders in Washington State by Matthew Clarke by Matt Clarke Like firefighters and airline pilots, the ten Washington Department of Corrections community correction officers (CCOs) assigned to monitor high-risk sex offenders in King County via Global Positioning System (GPS) hope for a really boring day …
New Mexico County Immigrant Neighborhood Searches Enjoined by A New Mexico federal district court has issued a preliminary injunction that prohibits the County of Otero from engaging in “unconstitutional stops, searches, seizures, and discrimination pursuant to ‘operation Stonegarden,’” which seeks to round up illegal immigrants. Before the Court was the …
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