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Article • November 6, 2015
Ohio Court Denies Habeas Challenge to Jail-Time Calculation and Double Jeopardy by Derek Gilna Ohio Court Denies Habeas Challenge to Jail-Time Calculation and Double Jeopardy by Derek Gilna The Supreme Court of Ohio, in the case of Johnson v. Crutchfield, rejected an Ohio prisoner’s challenge to the calculation of his …
Article • November 6, 2015
Illinois Sues Prisoner for Cost of Incarceration by Illinois Sues Prisoner for Cost of Incarceration In February 2013, the state of Illinois sued a prisoner to recover the cost of keeping him locked up for 15 months. The suit was filed after the state learned that the prisoner received an …
Article • November 6, 2015
Prisoners Have No Right to Petition for Expungement of Non-Conviction Records in Pennsylvania by Prisoners Have No Right to Petition for Expungement of Non-Conviction Records in Pennsylvania On September 9, 2013, the Pennsylvania Supreme Court ruled that an incarcerated person has no right to petition a court for expungement of …
Article • November 6, 2015
Jail Policy of No Male Guards in Female Dorms in San Francisco on Trial by Jail Policy of No Male Guards in Female Dorms in San Francisco on Trial A policy implemented in 2006 by the San Francisco Sheriff's Department (SFSD) which prohibits male deputies from working in female dorms …
Article • November 6, 2015
Prisoner's Suit Dismissed After Court Finds "Three Strikes" Litigant Not in Imminent Danger by Matthew Clarke Prisoner's Suit Dismissed After Court Finds "Three Strikes" Litigant Not in Imminent Danger by Matt Clarke In December 2009, Jeremy Pinson, a federal prisoner serving a 22-year sentence for threatening to kill the president, …
Article • November 3, 2015
One Extra Day in Prison Not Cognizable in Suit by One Extra Day in Prison Not Cognizable in Suit The U.S. District Court for the Eighth Circuit upheld a decision of a Missouri federal district court, affirming summary judgment against a former prisoner who had alleged he was improperly incarcerated …
Article • November 3, 2015
Filed under: Restitution
No Oregon Restitution for Victim Losses Before Date of Crime by No Oregon Restitution for Victim Losses Before Date of Crime On September 10, 2014, the Oregon Court of Appeals held that a criminal defendant could not be assessed restitution for losses occurring before the crime he was convicted of. …
Indiana Prison Counselor's Sexual Harassment Suit Reinstated by Indiana Prison Counselor's Sexual Harassment Suit Reinstated On July 21, 2014, the Seventh Circuit Court of Appeals revived a lawsuit brought by a prison counselor who alleged sexual harassment, discrimination and retaliation. The Seventh Circuit decision restored the first two causes of …
Article • November 3, 2015
$775,000 Settlement for Parents of Student Injured During Incident with Police Deputy by $775,000 Settlement for Parents of Student Injured During Incident with Police Deputy The parents of a Texas high school student have settled their suit against Deputy Dandy McMillan and others for $775,000. The suit raised state and …
Article • November 3, 2015
$600,000 Settlement in Wrongful Death by Pennsylvania Police by $600,000 Settlement in Wrongful Death by Pennsylvania Police On July 2, 2012, at a pretrial conference between the parties, defendants, Shenandoah Township Police Officers, and plaintiffs, parents of an eighteen year-old boy deceased under questionable circumstances in the Borough of Shenandoah …
Article • November 3, 2015
Seventh Circuit Upholds False Imprisonment and Deliberate Indifference Dismissal by Seventh Circuit Upholds False Imprisonment and Deliberate Indifference Dismissal On September 4, 2014, the Seventh Circuit Court of Appeals upheld the dismissal of an Illinois prisoner’s false imprisonment suit, because he was not unlawfully detained. Sex offender David Armato was …
Sixth Circuit Affirms Denial of Jail Nurse’s Qualified and Sovereign Immunity Defenses by Derek Gilna Sixth Circuit Affirms Denial of Jail Nurse’s Qualified and Sovereign Immunity Defenses by Derek Gilna The Sixth Circuit Court of Appeals has affirmed a decision by the United States District Court for the Northern District …
Article • November 3, 2015
Parole or Probation Violation Arrests Qualify as “Arrest” for Oregon Resisting Arrest Statute by Parole or Probation Violation Arrests Qualify as “Arrest” for Oregon Resisting Arrest Statute On July 10, 2014, the en banc Oregon Supreme Court held that arrest for a parole or probation violation qualifies as an arrest …
Article • November 3, 2015
At Least $78,000 in Sealed Settlement for Texas Jail Prisoner’s Suicide by Matthew Clarke At Least $78,000 in Sealed Settlement for Texas Jail Prisoner’s Suicide by Matt Clarke On March 11, 2013, a Texas federal court approved the settlement of a lawsuit over the suicide death of a Texas prisoner …
Article • November 3, 2015
Washington Rape Defendants Incorrectly Required to Prove Consent Defense by Washington Rape Defendants Incorrectly Required to Prove Consent Defense On October 30, 2014, the Washington Supreme Court held that requiring a criminal defendant to prove an alleged rape victim’s consent violates due process. Before 1975, Washington law defined rape as …
Article • November 3, 2015
Filed under: Private Contractors
Vermont Seeks to Improve Management of Prisoner Medical Costs by Derek Gilna Vermont Seeks to Improve Management of Prisoner Medical Costs by Derek Gilna Vermonters have a well-deserved reputation for fiscal responsibility, so it is no surprise that State Auditor Doug Hoffer’s 2013 audit report detailing spending on Vermont’s in-state …
Article • November 3, 2015
Budget Savings Plan for Michigan Department of Corrections a Failure by Christopher Zoukis Budget Savings Plan for Michigan Department of Corrections a Failure by Christopher Zoukis In December 2012, the Michigan legislature passed a law that would allow up to 250 retired state prison guards to come back to work …
Article • November 3, 2015
Filed under: State Law Claims, Witnesses
New York Court of Appeals Reverses for Reporter in Confidentiality Issue by New York Court of Appeals Reverses for Reporter in Confidentiality Issue The New York Court of Appeals reversed, on December 10, 2013, the New York Supreme Court's issuance of a subpoena compelling investigative reporter Jana Winter to appear …
Tenth Circuit Finds Prisoner's First Amendment Claim Substantive and Remands Case by Tenth Circuit Finds Prisoner's First Amendment Claim Substantive and Remands Case On March 10, 2014, the United States Court of Appeals for the Tenth Circuit held that a Colorado prisoner's civil rights claim against prison guards and officials …
Article • November 2, 2015
Prison Staff Records Left in Prison's Barber Shop by Christopher Zoukis Prison Staff Records Left in Prison's Barber Shop by Christopher Zoukis On August 4, 2011, a prison guard at Fort Dodge Correctional Facility in Des Moines, Iowa, a medium-security state prison which houses more than 1,300 prisoners, found sensitive …
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