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Article • January 15, 2008
WI Sex Offender Wrongly Forced to Consent to Videotaping of Treatment Sessions by Dennis Thiel, a Wisconsin state prisoner, was committed as a sexually violent person to the state Department of Health and Family services (DHFS). He sued DHFS personnel in state court for withholding treatment from him because he …
Article • January 15, 2008
Right to Know Act Not Need Based, Only Statutory Definitions Required by Pro se Pennsylvania state prisoner Christopher Neyhart appealed the State Department of Corrections' (DOC) refusal to produce for inspection his urinalysis reports to prove his parole revocation was unfounded. The court held that Neyhart did not set forth …
Article • January 15, 2008
Disclosure of Drug Detecting Devices and Specific Operation Details at Prison Prohibited by Pro se Pennsylvania state prisoner George Vargo petitioned for review of documents regarding drug detection equipment after the Pennsylvania Department of Corrections (DOC) denied disclosure in 1998. The court affirmed the denial as to specific methods used …
Article • January 15, 2008
Nebraska Prisoner's Transfer to Another Prison Was Lawful by Robert Hunt, a Nebraska state prisoner, is a Seventh Day Adventist. After nearly 20 years at the Nebraska State Penitentiary (NSP), he was transferred to the Tecumseh State Correctional Institute (TSCI) against his will. As a result he lost his job …
Article • January 15, 2008
NM Prisoner Wins $490,000 for Warrantless Blood Draw by Jimmie Marshall was arrested by Hobbs, New Mexico police for driving under the influence. He submitted to a breathalyzer test but was also taken to a hospital where his blood was drawn for drug testing against his will. In 1999 Marshall …
Seventh Circuit Rejects Federal Prisoner’s Necessity Defense by Seventh Circuit Rejects Federal Prisoner's Necessity Defense The Seventh Circuit found that a federal prisoner had failed to prove the requisite elements of the "necessity" defense in a prison weapon possession prosecution. In 1992, David Sahakian was sentenced to 360 months in …
Article • January 15, 2008 • from PLN January, 2008
$25,000 Settlement in Miami False Arrest, Strip Search Suit by While driving in Florida?s Miami-Dade County, a 32-year-old female was pulled over for allegedly following another car too closely. The Miami-Dade County police officer arrested her for an outstanding warrant for driving with an invalid driver?s license. She was arrested …
Article • December 15, 2007 • from PLN December, 2007
Eighth Circuit Holds Sweat Patches Generally Reliable by The Eighth Circuit court of appeals held that sweat patches were a sufficiently reliable method of determining drug usage to support federal probation revocation. Mark Lou Meyer, a federal prisoner, appealed an Iowa federal district court?s revocation of his probation. Two conditions …
Article • December 15, 2007
Michigan: $3.3 Million Settlement for 9 Years Wrongful Imprisonment by On September 5, 2005, a man who spent nine years in prison for a rape he didn?t commit settled with the Township of Clinton, Michigan, for an approximate total of $3,338,160. Kenneth Wyniemko was convicted in 1994 of raping and …
Article • December 15, 2007
Pregnant Woman’s Ingestion of Cocaine Not Delivery to Her Baby in Texas by Pregnant Woman's Ingestion of Cocaine Not Delivery to Her Baby in Texas by Matthew T. Clarke On February 14, 2007, the Texas Court of Criminal Appeals (CCA) held that a pregnant woman who ingested cocaine did not …
Article • December 15, 2007
8th Circuit Upholds Federal DNA Collection Statute by Ray Kraklio, a federal parolee, was directed to provide a blood sample for DNA testing. He refused, and his parole officer moved the federal district court to amend his conditions of release to require him to provide the blood sample. Over Karklio's …
Article • December 15, 2007
Filed under: Searches, Drug Testing
Disciplinary Action Review for Failure to Produce Urine Sample Barred As Untimely by New York State prisoner Joseph Brammer petitioned for review of a 1995 Upstate Correctional Facility (UCF) disciplinary action resulting from his failure to produce a urine sample. The judgment was affirmed for his failure to timely file …
Article • December 15, 2007
Paruresis No Excuse for Failure to Urinate Absent Medical Verification by Oregon State pro se prisoner Richard Sheeny appealed a U.S. District Court grant of summary judgment to prison officials denying his 42 U.S.C. § 1983 action. He alleged constitutional violations when he was disciplined for failure to urinate because …
Paruresis Diagnosis Required for Justification of Urinalysis Noncompliance by New York State pro se prisoner Victor Cruz appealed, by way of CPLR article 78, disciplinary findings and actions taken against him for failure to provide a urine sample. Cruz claimed that paruresis (shy bladder syndrome) prevented his compliance. The findings …
Article • December 15, 2007
Dismissed Paruresis Action Remanded for Proper Venue by Pro se Tennessee State prisoner Barton Hawkins petitioned for a writ of certiorari to review disciplinary actions taken against him for refusing to comply with a drug screening. He alleged that he suffered from paruresis (shy bladder syndrome) which hindered urine production. …
Article • December 15, 2007
Absent Medical Documentation, Disciplinary Action for Failure to Urinate Stands by New York State Prisoner Leslie Becker petitioned for review of a 2001 Department of Correctional Services disciplinary action resulting from his inability to produce a urine sample. The judgment was affirmed. When Becker could not provide a urine sample, …
Article • December 15, 2007
Filed under: Searches, Strip Searches
MA Prisoner’s Rights Not Violated by Strip Searches by MA Prisoner's Rights Not Violated by Strip Searches In 1987, William Langton, a Massachusetts state prisoner, was strip searched every time he left or returned to his cell. Since he was never found in possession of contraband, he believed the searches …
Article • December 15, 2007
MA Man’s Blood Test from Hospital Admissible in Drunk Driving Trial by MA Man's Blood Test from Hospital Admissible in Drunk Driving Trial Michael Dube, defendant in a Massachusetts state court proceeding for drunk driving, went to the hospital after being in a car wreck. His blood alcohol level was …
Article • December 15, 2007
Maine Strip Search Case Nets $825,000 in Attorney Fees by In a class action strip-search case against York County, Maine, that settled for $3.3 million, a federal court awarded class counsel attorney fees totaling 25 percent of the settlement, $825,000. The court also directed counsel to provide documentation of "accrued …
Article • December 15, 2007
Plaintiffs Granted SJ in Maine Strip-Search Case by A federal court in Maine granted a class of detainees summary judgment against the Knox County Jail for strip searches conducted without individualized suspicion. Class counsel called the decision a "slam dunk," while defense counsel complained that the judge "got it wrong." …
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