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Article • July 15, 2009
Prison’s Littlest Victims by David C Fathi By David Fathi The US criminal justice system may be on the verge of its biggest overhaul in decades. Senator Jim Webb (D-VA) is sponsoring a bill to establish a blue-ribbon commission to conduct a comprehensive review of the criminal justice system and …
Article • May 15, 2009
$25,000,000 Consent Judgment Entered Against Murderer by Caitlan Atwater, the daughter of a woman murdered by her husband, has obtained a $25,000,000 consent judgment. Atwater sued Michael Peterson after Kathleen Peterson, Atwater’s daughter from another marriage, was beaten to death by Peterson. The parties agreed to a consent judgment of …
Article • April 15, 2009
Iowa Parental Rights Not Terminated Upon Imprisonment by The Iowa Court of Appeals has upheld a lower court’s order refusing to terminate the parental rights of a couple imprisoned for selling drugs in the presence of their minor children. On January 22, 2007, Juan and Maria were arrested for selling …
Article • April 15, 2009 • from PLN April, 2009
BJS Report Finds 53% of Prisoners Are Parents by Mark Wilson BJS Report Finds 53% of Prisoners Are Parents by Mark Wilson About 809,800 (53%) of America’s 1,518,535 prisoners in 2007 were parents of minor children, according to a Special Report of the U.S. Department of Justice’s Bureau of Justice …
$16,000 Awarded in Father's Day False Arrest by On November 30, 2005, John McHenry of Delaware County, Pennsylvania was awarded $1,000 in compensatory damages and an additional $15,000 in punitive damages as a result of his civil rights suit for false arrest. On June 16, 2002, Father's Day, McHenry was …
Texas Parole Officials Caught Lying to Federal Court With Impunity by A Texas federal court has dismissed as moot a parolee’s challenge to parole restrictions which prevented him from having unsupervised contact with his son. During the course of the litigation, parole officials repeatedly misled the court. Gerald Grant, a …
Article • January 15, 2009
Child Support Obligation While Incarcerated Should Reflect Actual Earnings And Resources by West Virginia State prisoner Christopher Adkins appealed a 2006 court order denying his request to reduce or waive his support obligation while incarcerated. The denial was partially reversed and remanded to reflect his actual income and available resources. …
Article • November 15, 2008 • from PLN November, 2008
Report Finds Incarceration Damages Children Psychologically, Emotionally by Gary Hunter Report Finds Incarceration Damages Children Psychologically, Emotionally by Gary Hunter Broken Bonds, a study by the Urban Institute Justice Policy Center shows that incarceration inflicts psychological and emotional damage on the children of incarcerated citizens. Unlike other forms of trauma …
Article • May 15, 2008
Virginia Policy Prohibiting Staff From Marrying Prisoners Upheld by The plaintiff prison guard married a convicted felon, the father of her child, and resigned under pressure in light of the prison system's anti-fraternization policy. (The man was convicted and incarcerated after he fathered the child but before they got married.) …
Article • October 15, 2007 • from PLN October, 2007
Mere Possibility of Parole Insufficient to Prevent Texas Prisoners’ Parental Rights Termination by Matthew Clarke The Texas Supreme Court held that the mere possibility of parole within the two-year imprisonment requirement of § 161.001(1)(Q), Texas Family Code, was insufficient to prevent termination of a prisoner's parental rights. William Keith M. …
Article • September 15, 2007 • from PLN September, 2007
Texas Court of Appeals Reverses Termination of Prisoner’s Parental Rights by Matthew Clarke Texas Court of Appeals Reverses Termination of Prisoner's Parental Rights by Matthew T. Clarke A Texas court of appeals held that when terminating a prisoner's parental rights the two-year period of incarceration used to justify the termination …
Article • May 15, 2007
New Mexico: No Due Process Violation in Hearing by Phone by The Court of Appeals of New Mexico held that due process obligations in a parental rights termination hearing were met by allowing the child's father to participate by telephone; that the trial court was not obligated to make further …
Article • May 15, 2007
Child Visitation Permitted; Receipt of Non Publisher Publications Banned by The California Court of Appeals held the "publishers only" rule for receiving publications did not violate pre-trial detainees' freedom of expression or rights to equal protection. However, the prevention of minor children visits is unconstitutional. Three pre-trial detainees filed a …
Article • May 15, 2007
No Due Process Violation For Termination Of Incarcerated Father's Parental Rights by No Due Process Violation For Termination Of Incarcerated Father's Parental Rights The Tennessee Court of Appeals upheld the termination of a Federal prisoner's Parental rights as not violating due process. The father's rights were terminated by the trial …
Article • May 15, 2007
Family Court Judge Immune From Suit by The plaintiff sued the county Department of Social Services and a Family Court judge for allegedly interfering with his correspondence with his son and ignoring his requests for visitation, and removing the child from his relatives' custody without notice to him. The Family …
Article • May 15, 2007
Prisoner's Denial of Court Access for Divorce Defined, Confuses Court by In this case, where en banc rehearing was denied, the three-judge panel produces four separate opinions--a per curiam opinion, two concurrences with contradictory rationales, and one dissent. The plaintiff alleged that he tried to file a divorce petition pro …
Article • May 15, 2007
Incarceration Term alone Insufficient to Terminate Florida Prisoner's Parental Rights by Incarceration Term alone Insufficient to Terminate Florida Prisoner's Parental Rights The Florida Supreme Court has held that a trial court, when assessing a petition to terminate a prisoner's parental rights, must apply a forward-looking view when determining if the …
Article • May 15, 2007
NE Prisoner May Intervene in Child's Name Change Proceeding by The Nebraska Supreme Court held that a Nebraska state prisoner whose parental rights were not terminated may intervene in his biological child's proceeding seeking to change the child's surname. The father was paying child support, wrote his son, talked to …
Visiting Denial to Colorado Sex Offender Who Refuses Treatment Upheld by The plaintiff, a convicted sex offender, challenged various measures taken against him for refusing to participate in a treatment program. The plaintiff's declaratory and injunctive claims were mooted by his release from prison. His damage claims were not moot, …
WI Prisoner Unconstitutionally Denied Correspondence with Sister-In-Law by Juan Morales, a Wisconsin state prisoner mailed a letter to his sister-in-law. Prison guards intercepted the letter, read it, and after finding that it suggested that Morales was the father of his sister-in-law's illegitimate child, refused to mail it or others like …
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