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Article • August 19, 2016
New York Men Continue Pursuit of Police Misconduct Lawsuit by A New York Federal District Court denied a motion to dismiss a civil rights complaint that alleged police misconduct.             Brothers Jose and Maximo Colon filed a civil rights violation claim against New York City and its police department alleging …
Article • August 19, 2016
New Jersey May Retroactively Impose GPS Monitoring on Sex Offender Sentenced to Community Supervision for Life by On January 19, 2016, a New Jersey court of appeals held that it was not a violation of the New Jersey or federal ex post facto clauses to retroactively impose GPS monitoring for …
Fired Oregon Prison IG Brings $3 Million Retaliation Suit against Director by The terminated Oregon Department of Corrections (ODOC) Inspector General (IG) has ' filed a $3 million federal lawsuit, alleging that he was terminated in retaliation for raising ethical concerns about his boss. Oregon prison officials created the IG …
Article • August 19, 2016
Fifth Circuit Reverses Supervised Release Condition Prohibiting Defendant from Residing with Anyone Who Is Not A Blood Relative or Who He Is Not Married To by On June 16, 2008, the U.S. Court of Appeals for the Fifth Circuit reversed a supervised release condition prohibiting a defendant from living with …
Fifth Circuit Upholds Dismissal of Suit Against Mississippi County Over Jail Prisoner's Death by Complaining of nausea and vomiting, Princess Anderson arrived at the emergency room (ER) of the Baptist Memorial Hospital in DeSoto, Mississippi, on the morning of February 7, 2011. ER staff determined she was pregnant with a …
Article • August 19, 2016
Eighth Circuit: Officers Who Tased Arrestee to Force Clothing Change Immune by On September 3, 2015, the Eighth Circuit court of appeals held that St. Ann, Missouri police officials who used a Taser on an arrestee after she refused to change into orange jail clothing were protected against suit by …
Article • August 19, 2016
Eighth Circuit Holds Missouri Prisoner with Vacated Conviction May Not Sue for Being Placed in Solitary Confinement by Missouri prisoner Brent Ballinger was serving an eight-year sentence in the Missouri Department of Corrections (DOC) when a state judge granted his motion, pursuant to Missouri Supreme Court Rule 29.15(k), to vacate …
Article • August 19, 2016
Eighth Circuit Denies Stay of Execution Pending Appeal Over Execution Drug by On October 30, 2015, the Eighth Circuit court of appeals denied Missouri death row prisoner Ernest Johnson a stay pending appeal of his challenge to the type of drug being used to execute prisoners in Missouri. Johnson underwent …
Article • August 19, 2016
Filed under: Indigent Defense, Bail
Connecticut Supreme Court: Bail May Be Used to Protect Others by In an opinion handed down on November 3, 2015, the Supreme Court of Connecticut held that a man who had been acquitted by reason of insanity could be held in prison subject to a bond he could not afford …
Article • August 19, 2016
Filed under: Hunger Strikes, Food
Connecticut May Force Feed Prisoners on Hunger Strike by  The state of Connecticut has the right to force feed a prisoner engaged in a hunger strike, Jarres T. Graham, Superior Court Judge, so held.             William Coleman, a Connecticut prisoner, went on hunger strike to protest his sexual assault conviction …
Article • August 19, 2016
California Federal Prisoner Receives $12,500 in Dental Negligence Case by On February 19, 2003, United States District Judge Gary A. Fees sitting in the Central District of California, signed an order of dismissal after a federal prisoner and the United States settled a claim of medical and dental negligence for …
Article • August 19, 2016
Annual Seg Reviews Inadequate, Case Remanded by On November 19, 2009, the U.S. Court of Appeals for the Ninth Circuit reversed and remanded a suit by a prisoner challenging the frequency of segregation reviews he was receiving.             Edward Hernandez sued the Arizona Department of Corrections (ADC), claiming that its …
Article • August 19, 2016
Filed under: Police Misconduct
$200,000 Theft Ends Oregon Cop's 14-Year Career by A 14-year veteran Oregon police Captain was arrested on federal criminal charges for stealing more than $200,000 in government funds during an eighteen-month period. In 2002, Scott Beard was hired as a deputy sheriff for the Deschutes County Sheriff's Office, (DCSO) in …
Article • August 19, 2016
$2,500 Paid to Disabled Vietnam Vet to Settle Discrimination Complaint Stemming From His Job as a Federal Prison Guard by Lonnie Burton James Vaughn and the Federal Bureau of Prisons (BOP) entered into a settlement agreement in July 2001 to settle a discrimination complaint brought by the Vietnam veteran. The …
Article • August 19, 2016
Court Orders California Prison Officials to Process Prisoner’s Administrative Appeals by Court Orders California Prison Officials to Process Prisoner’s Administrative Appeals In February 2008, a Superior Court in California held that Salinas Valley State Prison (SVSP) officials had improperly “screened out” two administrative appeals filed by SVSP prisoner Lorenzo Fosselman, …
Widow of Murdered Maine Prisoner Paid $100,000 Settlement by On February 26, 2014, Janet Weinstein, widow of murdered Maine state prisoner Sheldon Weinstein, was paid $100,000 to settle any claim she had against the State of Maine or Corizon, Inc., the provider of prisoner health care at the Maine State …
Article • August 12, 2016
Filed under: Sentencing, Parole, Juveniles
Texas Court Holds Juvenile Capital Murder Adjudication Not Subject to Extraordinary Parole Review by Matthew Clarke On February 9, 2016, a Texas court held that a person adjudged delinquent for capital murder  as a juvenile and later transferred from the Texas Youth Commission to the adult prison system is not …
Article • August 12, 2016
Ruling in Execution Records Limits Virginia FOIA Disclosures by David Reutter The Virginia Supreme Court issued a ruling in death penalty public records case that could “become a license to withdraw records,” said Megan Rhyne, Executive Director of the Virginia Coalition for Open Government. The ruling reversed a Fairfax County …
U.S. Settles Suit over Fatal Medical Negligence of Prisoner for $152,000 by Wayne David Crosser was convicted and sentenced on federal charges. He was kept in a holding cell at the MCC in San Diego while awaiting transportation to Texas for further prosecution. He suffered from a serious medical condition …
Article • August 12, 2016
BOP Settles Religious Discrimination EEOC Complaint for $20,000 by David Gordon Murphy was a guard at the FDC in Seatac, Washington, when he was terminated on April 16, 1998. With the assistance of Seattle attorney William Knowles, he filed an EEOC complaint alleging a supervisor had made rude comments about …
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