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Article • October 16, 2015
Filed under: Threats by Staff, Police
San Antonio Police Kill Probation Department/Jail Security Guard by Matthew Clarke San Antonio Police Kill Probation Department/Jail Security Guard by Matt Clarke Jimmy James Garza, Jr. was 31 years old and had worked at the Bexar County Community Supervision and Corrections Department in San Antonio, Texas as a security monitor …
Article • October 15, 2015
Filed under: Prisoner-Staff Assault
$300,000 Award to Wisconsin Prison Employee Raped by Prisoner by $300,000 Award to Wisconsin Prison Employee Raped by Prisoner A Wisconsin federal jury awarded $300,000 to a female prison-employee who was raped by a prisoner. At the time of the rape, the woman was a payroll and benefits specialist at …
Article • October 15, 2015
Filed under: Victims
$250,000 Award to Crime Victim under NY Son of Sam Law by $250,000 Award to Crime Victim under NY Son of Sam Law A New York jury awarded $250,000 to the victim of a sexual assault against the estate of the prisoner who committed the crime. The victim sued after …
Article • October 15, 2015
Missouri Flag Desecration Statute Held Facially Unconstitutional, Attorney’s Fees Properly Assessed by Missouri Flag Desecration Statute Held Facially Unconstitutional, Attorney’s Fees Properly Assessed The U.S. Court of Appeals for the Eighth Circuit has affirmed a district court’s holding that a Missouri flag desecration statute was facially unconstitutional and has held …
Article • October 15, 2015
No Risk of Self-Representation Colloquy Invalidates Oregon Conviction by No Risk of Self-Representation Colloquy Invalidates Oregon Conviction On July 23, 2014, the Oregon Court of Appeals reversed an Oregon woman’s convictions, finding that she did not understand the risks of self-representation. Christina Todd was charged with twelve prostitution-related offenses. By …
Article • October 15, 2015
California Prosecution Seeking to Commit Detainee as Sexually Violent Prisoner Limited in Discovery by California Prosecution Seeking to Commit Detainee as Sexually Violent Prisoner Limited in Discovery The California Appeals Court for the Fourth District, Division Two has limited the State of California’s (“State”) discovery to detainee’s “updated mental evaluation” …
Article • October 15, 2015
No Eighth Amendment Violation in Cellmate Attack by No Eighth Amendment Violation in Cellmate Attack The United States Court of Appeals for the Seventh Circuit dismissed a lawsuit filed by an inmate who suffered injuries after claiming that prison staff failed to heed his warnings that his cellmate was about …
Article • October 15, 2015
California District Attorney’s Records Subject to Disclosure through Prisoner’s Public Records Request by California District Attorney’s Records Subject to Disclosure through Prisoner’s Public Records Request The California Appeals Court for the Fourth District held that a district attorney’s office was required to produce records to a prisoner seeking them through …
Article • October 15, 2015
Federal Court Denies Former Prisoner Right to Catholic Television by Federal Court Denies Former Prisoner Right to Catholic Television The United States Court of Appeals for the Fifth Circuit has affirmed a lower court’s dismissal of a prisoner’s equal protection suit as frivolous. Raymond Gutierrez, a California prisoner housed at …
Article • October 14, 2015
State Law Requires New York Officials to Pay Interest for Defaulting on Federal Settlement by State Law Requires New York Officials to Pay Interest for Defaulting on Federal Settlement The United States District Court for the Southern District of New York has ordered the City of New York and other …
Article • October 14, 2015
Nevada: Incorrect Analysis of Fact and Law is Harmless Error in Denying Motion for New Trial by Nevada: Incorrect Analysis of Fact and Law is Harmless Error in Denying Motion for New Trial The Nevada Supreme Court held that a trial court abused its discretion by wrongly categorizing a fact …
Article • October 14, 2015
$90,000 Settlement in Excessive Force Case and Former Sheriff Sentenced to Year in Prison by $90,000 Settlement in Excessive Force Case and Former Sheriff Sentenced to Year in Prison In May 2013, former Jefferson County Sheriff Robert Shirley was sentenced to a year in prison for using excessive force during …
Article • October 14, 2015
$18,000 Settlement in New York Jail Excessive Force Suit by $18,000 Settlement in New York Jail Excessive Force Suit On November 12, 2013, a lawsuit was settled where a New York jail prisoner claimed he was beaten by guards in a display of unconstitutionally excessive force. The defendants paid $18,000 …
Article • October 14, 2015
Filed under: Civil Commitment
Sex Offender Loses Adam Walsh Civil Commitment Appeal by Sex Offender Loses Adam Walsh Civil Commitment Appeal The United States Court of Appeals for the Fourth Circuit affirmed, on December 10, 2013, the judgement of the District Court for the Eastern District of North Carolina civilly committing appellant Richard Savage …
Article • October 14, 2015
New York: Class Action Filed against Prison Officials for Applying Illegal Sentences by New York: Class Action Filed against Prison Officials for Applying Illegal Sentences Two men have filed a class action complaint in federal court against current and former New York State Department of Correctional Services (DOCS) employees for …
Article • October 14, 2015
Post-Mortem Images of Bin-Laden Classified Top Secret, Exempt from Disclosure. by Post-Mortem Images of Bin-Laden Classified Top Secret, Exempt from Disclosure. In May 2013, the D.C. Court of Appeals rejected an appeal by Judicial Watch seeking to compel the Central Intelligence Agency (CIA) to disclose post-mortem images of Osama Bin …
Article • October 14, 2015
Report Finds Two Percent of Counties Produce Majority of Death Penalty Cases by Derek Gilna Report Finds Two Percent of Counties Produce Majority of Death Penalty Cases by Derek Gilna A report issued by Death Penalty Information Center claims that only 2% of all U.S. counties are responsible for a …
Article • October 14, 2015
Two States Approach Stun Gun Law Differently by Two States Approach Stun Gun Law Differently On June 9 and 10, 2014, Connecticut and Vermont passed laws regulating taser use by police; but, different catalysts led focus to different aspects of regulation. In Connecticut, where 22-yer-old Jose Maldonado died after being …
Article • October 14, 2015
California Enacts Youthful Offender Legislation by California Enacts Youthful Offender Legislation California Governor Jerry Brown signed into law on September 27, 2014 Assembly Bill 1276 establishing a panel-based review board to determine whether incoming prisoners, age 22 and under, are to be housed in maximum security units. The bill, advocated …
Nebraska District Court Rules on Medical Deliberate Indifference Case by Nebraska District Court Rules on Medical Deliberate Indifference Case On November 13, 2013, the United States District Court for the District of Nebraska denied in part and granted in part motions proffered by three different groups of defendants in a …
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