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No Fourth Amendment Violation for Monitoring Attorney-Client Conversations by When a prisoner consents to the monitoring of calls over a jailhouse telephone, no Fourth Amendment violation exists if the government records calls made to an attorney, the U.S. Court of Appeals for the First Circuit decided June 30, 2008. Scott …
Ion Spectrometry Suit Survives Initial Screening by A lawsuit challenging the Bureau of Prisons’ (BOP) use of ion spectrometry equipment has survived screening under 28 U.S.C. §1915A. Chris Dehmer, a federal prisoner, sued the BOP after he was denied visitation after one of his visitors tested positive for drugs on …
Article • July 15, 2009
DNA Collection from Probationers Does Not Violate Fourth Amendment by The collection of DNA from probationers does not run afoul of the Fourth Amendment, the U.S. Court of Appeals for the First Circuit decided July 7, 2008. The court’s decision comes in an appeal by the government from a lower …
Neal et al v. Michigan DOC, MI, Plan of Allocation - Settlement, sexually hostile prison guard sexual misconduct, 2009 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WASHTENAW NEAL, et al., Plaintiffs, Case No. 96-6986-CZ Hon. Timothy P. Connors vs. MICHIGAN DEPARTMENT OF CORRECTIONS, et al., Defendants. …
Neal et al v. Michigan DOC, MI, Notice of Settlement, sexually hostile prison guard sexual misconduct, 2009 NOTICE OF SETTLEMENT OF CLASS ACTION TO: ALL WOMEN PRISONERS UNDER THE JURISDICTION OF THE MICHIGAN DEPARTMENT OF CORRECTIONS (MDOC) PAST AND PRESENT, WHO DURING THEIR INCARCERATION WERE SUBJECTED TO SEXUAL MISCONDUCT, SEXUAL …
Neal et al v. Michigan DOC, MI, Settlement, sexually hostile prison guard sexual misconduct, 2009 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WASHTENAW TRACY NEAL, et al., Plaintiffs, Case No. 96-6986-CZ Hon. Timothy P. Connors v MICHIGAN DEPARTMENT OF CORRECTIONS, et aI., Defendants. ---------------------------------~/ NICOLE ANDERSON, …
New Trial and JNOV Denial Upheld in $15,545,000 Michigan Prisoner Sexual Harassment Case by Matthew Clarke New Trial and JNOV Denial Upheld in $15,545,000 Michigan Prisoner Sexual Harassment Case by Matt Clarke On January 27, 2009, the Michigan Court of Appeals upheld a trial court’s denial of a motion for …
Article • June 15, 2009 • from PLN June, 2009
Alameda County, CA Settles Juvenile Detainee Strip Search Suit for $4.3 Million by John Dannenberg Alameda County, CA Settles Juvenile Detainee Strip Search Suit for $4.3 Million by John E. Dannenberg In July 2008, Alameda County, California settled a class-action civil rights suit brought by former juvenile detainees of the …
Article • May 15, 2009 • from PLN May, 2009
$1 Million Settlement Fund Established in New Mexico Jail Strip Search Settlement by David Reutter $1 Million Settlement Fund Established in New Mexico Jail Strip Search Settlement by David M. Reutter A $1 million settlement fund has been established in a class action lawsuit alleging an unconstitutional blanket strip search …
$2,000 Settlement in Seattle Jail Illegal Strip Search by Washington State’s King County Jail paid $2,000 to Zachary Lyons, who asserted that after being arrested during the November 30, 2000 “WTO” anniversary demonstrations, he was forced to remove his clothing in a common area of the jail without being afforded …
Article • May 15, 2009
Washington DOC Guard's Pay Reduced After Bringing Loaded Weapon To Work by Washington State Department of Corrections (DOC) guard Sam Woods appealed a six month, ten percent reduction in pay for bringing a loaded weapon onto prison grounds. The reduction was affirmed. Woods became a guard at the Twin Rivers …
Article • April 15, 2009
Jail Strip-Search Cases: Patterns and Participants by Margo Schlanger Cited: 71 Law & Contemp. Probs. 65 [*pg 65] JAIL STRIP-SEARCH CASES: PATTERNS AND PARTICIPANTS By Margo Schlanger* I. INTRODUCTION II. JAIL STRIP-SEARCH LITIGATION: THE MIAMI CASE III. JAIL STRIP-SEARCH LITIGATION MORE GENERALLY A. Case Category Features B. Participants IV. CONCLUSION …
False Imprisonment, False Arrest and Malicious Prosecution Claims Cognizable Under FTCA by The Eleventh Circuit Court of Appeals has held that the United States has waived sovereign immunity under the Federal Tort Claims Act (FTCA) for claims alleging false imprisonment, false arrest and malicious prosecution arising out of acts or …
Article • April 15, 2009
$50,000 Settlement for Illegal Strip Search After Arrest at Bush Rally by Iowa’s State Appeal Board has settled a lawsuit claiming retired school teachers Alice McCabe and Christine Nelson were illegally strip searched after being arrested at a 2004 campaign stop by President Bush. The settlement of $50,000 comes in …
Lab Technician Denied Qualified Immunity In Former Prisoner’s Lawsuit by In 1984, Dennis Patrick Brown was convicted of rape and sentenced to life in prison. With the assistance of The Innocence Project, the DNA tests were repeated in 2003 and revealed Brown was innocent. Brown was released and the City …
Motion To Amend Untimely In Washington DC Civil Case by A U.S. district court in Washington, D.C. held the Plaintiffs in a civil case against U.S. Marshals may not amend the complaint to insert named Marshals in their individual capacities. On September 27, 2002, Paul Bame, Gregory Keltner and Ivan …
Article • April 15, 2009
New York Civil Case Settled in 1977 by Simply Clarifying Rule by A U.S. district court in New York allowed the New York City Police Department (NYCPD) to settle a civil case in 1977 by stipulating and clarifying the NYCPD’s policy on bystanders remaining in the area of an arrest …
Testimonial Hearsay Ruled Admissible in Florida Probation Revocation Hearings by The Supreme Court of Florida has held that testimonial hearsay is admissible in probation revocation hearings. In July 2003, Robert Sheldon Peters had his community control revoked, received a suspended 24 month prison sentence, and was placed on drug offender …
Indiana Law Requiring Former Prisoners to Consent to Search and Monitoring of Their Computers Held Unconstitutional by Brandon Sample On June 24, 2008, U.S. District Court Judge David Hamilton struck down Section 8(b) of Indiana Public Law 119, which required sex offenders and violent offenders who had completed their sentences …
Entire Texas Prison System Locked Down to Search for Phones; Prison Cell Phone Problem is Pandemic by Matthew Clarke by Matt Clarke On October 20, 2008, Texas Governor Rick Perry placed all 112 prisons and 155,000 prisoners in the Texas Department of Criminal Justice (TDCJ) on lockdown to search for …
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