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Article • September 15, 1999 • from PLN September, 1999
Liberty Interest in Erroneous Parole Release by Ronald Young The court of-appeals for the Fourth circuit held that a parolee's interest in his continued liberty crystallized during his two years of successful parole, even though he had been released in error, requiring strict scrutiny of the State's intentional infringement of …
Franklin Reversed; DC Prisoners Have No Right to Qualified Interpreters by The court of appeals for the D. C. Circuit held that Spanish-speaking prisoners have no right to qualified interpreters at parole hearings, disciplinary hearings, or for medical and mental health treatment. Spanish-speaking prisoners in the District of Columbia (District) …
Article • August 15, 1999 • from PLN August, 1999
No Liberty Interest in Illinois Parole Laws by The court of appeals for the Seventh circuit held that Illinois prisoners have no liberty interest in parole. In doing so, the court overruled a prior ruling that had held otherwise. Two Illinois state prisoners filed a habeas corpus petition in federal …
Article • July 15, 1999 • from PLN July, 1999
Federal Habeas Not Subject to PLRA by The court of appeals for the Fifth circuit held that 28 U.S.C. § 2241 habeas petitions are not subject to the filing fee provisions of the Prison Litigation Reform Act (PLRA). Samuel Davis, a federal prisoner, filed a writ of mandamus to compel …
Article • July 15, 1999 • from PLN July, 1999
No Suspicion Required for California Parolee Searches by The California supreme court held that no suspicion of any wrongdoing is required for the warrantless searches of the homes and property where California parolees reside. Rudolfo Reyes was a California parolee. As a condition of his parole Reyes had signed a …
Article • July 15, 1999 • from PLN July, 1999
Liberty Interest in Parole-Required Custody Classification by Liberty Interest In Parole-Required Custody Classification A federal district court in Massachusetts held that depriving a prisoner of eligibility for minimum security classification, when it's a necessary prerequisite for parole consideration, violated the prisoner's equal protection right to be treated as other prisoners …
Article • June 15, 1999 • from PLN June, 1999
Washington Parole Officer Blown Up by On January 26, 1999, Tom Perrine, a Community Corrections Officer (AKA parole officer), for the Washington Department of Corrections, was blown up by a trip wire bomb planted in the carport of his Montesano home. Perrine was leaving for work when he saw a …
Parole Officials Liable for False Information in Parole Violation Arrest Warrant by A federal district court in New Jersey has held that parole officials are liable for causing the arrest of a parolee based upon false information. Robert Friedland, a New Jersey state prisoner, was paroled in August, 1995. Subsequently …
Article • May 15, 1999 • from PLN May, 1999
New York Paroles for Sale by Julia Lutsky In January 1997 the parents of a young Korean prisoner walked into the Brooklyn offices of federal prosecutor Zachary Carter to report that a volunteer fund raiser for Republican Governor Pataki said he would use his influence to win parole for their …
Article • April 15, 1999 • from PLN April, 1999
Oregon "Predatory Sex Offender" Label Requires Notice and Hearing by Oregon "Predatory Sex Offender" Label Requires Notice and Hearing The Oregon Supreme Court ruled that due process requires that Oregon sex offenders receive notice and an evidentiary hearing before the Board of Parole and Post-Prison Supervision (Board) may designate them …
Article • April 15, 1999 • from PLN April, 1999
South Carolina Parole Elimination Violates Ex Post Facto by The South Carolina supreme court held that the retroactive statutory elimination of parole eligibility for violent offenders violates the ex post facto clause provisions of the United States and South Carolina constitutions. Ronnie Phillips, a South Carolina state prisoner, pled guilty …
Article • April 15, 1999 • from PLN April, 1999
U.S. District Courts Have No Authority To Grant Or Deny Credit Toward Sentence by The court of appeals for the Second circuit held that district courts do not have the authority to order the Federal Bureau of Prisons (BOP) to either grant or deny credit or to disregard the BOP's …
Article • April 15, 1999 • from PLN April, 1999
Timothy "Little Rock" Reed Released on Parole by Timothy "Little Rock" Reed Released on Parole On December 17, 1998, Timothy "Little Rock" Reed was reinstated to his Ohio parole following a five year extradition battle. Reed, a former prison activist, fled Ohio In 1993 when he was accused of violating …
Article • April 15, 1999 • from PLN April, 1999
Parole Change May Violate Ex Post Facto; Change Can Be Challenged Via § 1983 by Parole Change May Violate Ex Post Facto; Change Can Be Challenged Via § 1983 In two separate rulings the court of appeals for the District of Columbia circuit held that changes to parole eligibility schemes …
Temporary Injunction Issued to Prevent Sex Offender Notification to Employer by A federal court in New Jersey has issued a temporary injunction to prevent state parole officials from notifying a paroled sex offender's employer of his parole status and criminal history. John Doe is a paroled New Jersey state sex …
Spencer Applied to Parolee's § 1983 Claim by Spencer Applied to Parolee's § 1983 Claim Afederal district court in California held that a state parolee could file suit under 42 U.S.C. § 1983 challenging his parole revocation and an illegal parole search without first having a favorable ruling on these …
Article • February 15, 1999 • from PLN February, 1999
No Credit for Time Served on Wrongful Conviction by The Fifth Circuit court of appeals has held that a federal prisoner is not entitled to credit toward the supervised release portion of other consecutive sentences for time served in prison due to a wrongful conviction. Larry Jeanes, a former federal …
Parole Officer Recommendation Not Protected by Absolute Immunity by Parole Officer Recommendation Not Protected by Absolute Immunity The court of appeals for the second circuit held a parole officer who recommended that a warrant be issued for a parolee's arrest was not entitled to absolute imunity. John Scotto, a felony …
Article • January 15, 1999 • from PLN January, 1999
California Parolee Gag Order Lifted by The California Department of Corrections (CDC) admits it made a mistake when one of its agents tossed a parolee in jail for refusing to sign off on a parole condition banning him from talking to the media. Arthur Putney, 52, was jailed after parole …
Article • December 15, 1998 • from PLN December, 1998
Court Responsible for Prisoner Access to Teleconference by The Court of Appeals for the State of Wisconsin held that the court is responsible for a pro se prisoner's access to a telephone to attend a court-ordered teleconference hearing. Debra Christie, a Wisconsin prisoner, filed a pro se state petition for …
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