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Article • October 15, 2009 • from PLN October, 2009
“Habeas Hints” by Kent A. Russell by Kent Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on habeas corpus under AEDPA, the 1996 habeas corpus law which now governs …
Article • October 15, 2009 • from PLN October, 2009
Ninth Circuit: Refusal to Allow Cross-Examination of Lab Technician Violates Due Process by Brandon Sample The U.S. Court of Appeals for the Ninth Circuit held it was a violation of due process for a district court to deny a criminal defendant the right to cross-examine a lab technician who tested …
Article • October 15, 2009 • from PLN October, 2009
Oakland, CA Police Policy of In-Field Public Strip Searches Without Arrest or Warrant Found Unconstitutional by The U.S. District Court for the Northern District of California held on March 27, 2008 that the Oakland Police Department’s (OPD) policy permitting non-medical strip searches of detainees in the field, conducted in public …
Evidence Found During Search of Prisoner’s Home While on Home Detention Not Subject to Suppression by On May 22, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed the denial of a motion to suppress evidence found during the search of a prisoner’s home while he was on …
Article • October 15, 2009
North Carolina: Positive Urinalysis Alone Doesn’t Sustain Marijuana Possession Charge by In a case of first impression, the North Carolina Supreme Court held on June 28, 2007, that a positive urinalysis alone was insufficient to uphold a probationer’s conviction for possession of marijuana. On August 21, 2004, defendant Darian Jaquan …
Brief • September 23, 2009
Beecham v. City of West Sacramento, CA, Plf Opp Def Motion, Police Excessive Force Gun False Arrest Strip Search, 2009 1 4 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Fax: (510) 452-5510 …
Article • September 15, 2009 • from PLN September, 2009
Innocent Georgia Man Receives $500,000 as Compensation for Rape Conviction by The State of Georgia paid $500,000 to a man who spent 28 years in prison for a rape he did not commit. John Jerome White was arrested in 1979 after an elderly woman identified him during a police line …
Article • September 15, 2009 • from PLN September, 2009
$2.16 Million Settlement in Dauphin Pennsylvania Jail Strip Search Lawsuit by A class action lawsuit alleging illegal strip searches occurred regularly at Pennsylvania’s Dauphin County Prison (DCP) has been settled for $2.16 million. The class claimed they were arrested on minor charges and strip searched without any particularized suspicion that …
Article • September 15, 2009 • from PLN September, 2009
FBI And States Expand Collection Of DNA To The Innocent by Brandon Sample DNA collection is expanding to individuals arrested or detained as state and federal law enforcement officials seek to solve more crimes. The Federal Bureau of Investigation (FBI) joined 15 states in April 2009 that collect DNA from …
Article • September 15, 2009 • from PLN September, 2009
U.S. Supreme Court Recedes from Saucier’s Mandatory Provisions for Determining Qualified Immunity Claims by David Reutter by David M. Reutter The U.S. Supreme Court has retreated from a mandatory procedural practice for resolving government officials’ qualified immunity claims, leaving it to the discretion of lower courts as to which prong …
Article • September 15, 2009
Search of Parolee’s Home One to Two Hours After Search During Traffic Stop Unreasonable, Court Holds by On April 29, 2008, the Court of Criminal Appeals of Tennessee affirmed a lower court’s order suppressing evidence recovered during the search of a parolee’s home. Charlotte Turner was stopped by police for …
Article • September 15, 2009
Filed under: Searches, Strip Searches
$10,000 Settlement in Illegal Strip Search Claim by Washington State’s King County Jail paid $10,000 to settle the illegal strip search claim of Heather N. Caraway. After Caraway was arrested, along with over 100 other people protesting the World Trade Organization meeting on November 30, 2000, she was taken to …
Article • September 15, 2009
Forced Catheterization to Perform Drug Test Constitutional by On May 15, 2008, the Eighth Circuit U.S. Court of Appeals affirmed a lower court's grant of summary judgment to the defendants in a § 1983 action filed by 68-year-old Missouri prisoner Joel LeVine. LeVine alleged that the defendants, a guard and …
FedCURE Entitled to Fee Waiver for FOIA Request by Brandon Sample On March 19, 2009, U.S. District Judge Reggie Walton granted a motion for summary judgment filed by FedCURE, a non-profit organization that advocates for federal prisoners and their families, in a suit filed under the Freedom of Information Act …
Brief • August 2, 2009
Filed under: Strip Searches
In Re Nassau County Strip Search Cases - Grassian Expert Report, 2001 • . LexisNexis· User Name: Carleigh Zeman Date and Time: Tuesday, April 19, 2022 4:03:00 PM EDT Job Number: 169298301 Document (1) 1. REPORT OF STUART GRASSIAN, 2009 Misc. Filings LEXIS 8675 Client/Matter: 89955-0000001-24550 Search Terms: Stuart w/3 …
ICE Contract w/ BI, Incorporated for Electronic Monitoring/Alternatives to Detention Program, 2009 to 2014 Company Name: BI Incorporated Contract Number: HSCECR-09-D-00002 (HSCECR09D00002) Requisition/Reference Number: 192109CED0ATD0004 Latest Modification Processed: N/A Period of Performance: 7/20/2009 through 7/19/2014 Services Provided: Providing professional support services for the Intensive Supervision Appearance Program (ISAP) II for …
Texas Posthumously Exonerates Man Who Died in Prison by Matthew Clarke by Matt Clarke On February 6, 2009, Travis County District Judge Charlie Baird did what no other Texas judge had done before – he exonerated a dead man. Timothy Brian Cole, who died of asthma due to medical neglect …
Strip-Searched Iowa Bush Protesters Awarded Damages at Trial, Re-Trial by Matthew Clarke by Matt Clarke On June 4, 2008, a federal jury in Iowa awarded $750,000 to two political protesters who were arrested at the direction of the Secret Service, taken to jail and unlawfully strip-searched. After the court ordered …
Article • July 15, 2009 • from PLN July, 2009
Santa Cruz County, Arizona Pays $3 Million in Strip Search Suit by Jimmy Franks On November 25, 2008, following two days of negotiation mediated by retired Pima County, Arizona Superior Court Judge, Honorable Lawrence Fleishman, the parties involved in a Class Action complaint regarding unconstitutional strip searches reached a satisfactory …
Article • July 15, 2009 • from PLN July, 2009
$3.3 Million Settlement Fund Established in New Mexico Jail Strip Search Settlement by A $3.3 million settlement fund has been established in a class action lawsuit alleging an unconstitutional blanket strip search at the Valencia County Detention Center (VCDC) in New Mexico violated the rights of the class. VCDC was …
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