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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 …
Article • November 2, 2015
No Oregon Constitutional Right to “Full” Victim Restitution; Contributory Negligence May Limit Restitution Award by Mark Wilson No Oregon Constitutional Right to “Full” Victim Restitution; Contributory Negligence May Limit Restitution Award by Mark Wilson On October 3, 2013, the Oregon Supreme Court upheld a lower court’s refusal to grant a …
Article • November 2, 2015
Prison Health Services Must Indemnify Vermont against Wrongful Death Claims by Mark Wilson Prison Health Services Must Indemnify Vermont against Wrongful Death Claims by Mark Wilson On December 20, 2013, the Vermont Supreme Court held that Corizon Health, Inc. – formerly Prison Health Services, Inc. (PHS) – was required to …
Article • November 2, 2015
Texas Supreme Court Holds No Compensation for Wrongly-Convicted Prisoner Imprisoned on Other Charges by Matthew Clarke Texas Supreme Court Holds No Compensation for Wrongly-Convicted Prisoner Imprisoned on Other Charges by Matt Clarke On August 23, 2013, the Supreme Court of Texas held that a former death row prisoner who had …
Article • November 2, 2015
Filed under: Guard Misconduct
Indictments and Guilty Pleas in Multi-Gang Prison Smuggling Conspiracy in Texas by Matthew Clarke Indictments and Guilty Pleas in Multi-Gang Prison Smuggling Conspiracy in Texas by Matt Clarke On February 26, 2013, a 23-page federal indictment was unsealed. It charged 32 people with involvement in a complex conspiracy to smuggle …
Article • November 2, 2015
Agreement Ends Discrimination of HIV-Positive Prisoners in South Carolina by David Reutter Agreement Ends Discrimination of HIV-Positive Prisoners in South Carolina by David M. Reutter An agreement between the U.S. Department of Justice (DOJ) and the South Carolina Department of Corrections (SCDC) makes it the last state prison system to …
Article • November 2, 2015
Study Finds Victims of Bullying More Likely to Enter Criminal Justice System by Christopher Zoukis Study Finds Victims of Bullying More Likely to Enter Criminal Justice System by Christopher Zoukis A new study suggests a direct link between childhood bullying and later imprisonment for bullying victims. The study, presented at …
Article • November 2, 2015
Absent Bad Faith No PRA Sanctions for Washington Prisoners by Mark Wilson Absent Bad Faith No PRA Sanctions for Washington Prisoners by Mark Wilson On October 29, 2013, the Washington State Court of Appeals held that prisoners are ineligible for Public Records Act (PRA) violation sanctions, without a showing of …
Article • November 2, 2015
Filed under: Criminal Prosecution
Oregon Prisoner’s “Macabre and Silly” Murder Contract Nets 20 Years by Oregon Prisoner’s “Macabre and Silly” Murder Contract Nets 20 Years “Dear Stranger, I have a job for you. I need your help. There are three people I need taken care of,” wrote Dustin M. Kimbrough from his Oregon jail …
Article • November 2, 2015
Filed under: Attorney Fee Awards
Plaintiffs’ Award of Attorneys’ Fees Deemed Excessive in Lengthy Suit Achieving “Some” Success by Plaintiffs’ Award of Attorneys’ Fees Deemed Excessive in Lengthy Suit Achieving “Some” Success The United States Court of Appeals for the Second Circuit held that a district court’s award of $216,528 in attorneys’ fees was excessive …
Article • November 2, 2015
Ninth Circuit: Prisoner’s Delusions Warrant §2254 Equitable Tolling by Ninth Circuit: Prisoner’s Delusions Warrant §2254 Equitable Tolling On April 18, 2014, the Ninth Circuit Court of Appeals held that the statute of limitations on an Oregon prisoner’s federal habeas corpus petition should be equitably tolled due to delusions the prisoner …
Article • November 2, 2015
Revealed: The boom and bust of the CIA's secret torture sites by Crofton Black Revealed: The boom and bust of the CIA's secret torture sites by Crofton Black and Sam Raphael In spring 2003 an unnamed official at CIA headquarters in Langley sat down to compose a memo. It was …
Article • October 30, 2015
Filed under: Wrongful Conviction
‘A Freakishly Rare Anomaly’ by David J. Krajicek ‘A Freakishly Rare Anomaly’ by David J. Krajicek America’s Awkward Relationship with Wrongful Convictions Americans have a complicated relationship with wrongful convictions. As schoolchildren, most of us began each day pledging fealty to this country in an oath that ends with a …
Article • October 30, 2015
Filed under: Witnesses, Civil Commitment
No Compulsory Process Advice Reverses Oregon Civil Commitments by No Compulsory Process Advice Reverses Oregon Civil Commitments On August 13, 2014, the Oregon Court of Appeals held that those facing involuntary commitment must be informed of their right to subpoena witnesses, in terms they will understand. Oregon Statute (ORS) 426.100(1) …
Article • October 30, 2015
Fourth Circuit Orders District Court to Award Attorney Fees in Free Speech Suit against North Carolina Sheriff by Fourth Circuit Orders District Court to Award Attorney Fees in Free Speech Suit against North Carolina Sheriff On July 11, 2014, the U.S. District Court for the Fourth Circuit reversed a lower …
Article • October 30, 2015
Attorney Fees Against “Untruthful” Oregon Guard Vacated by Mark Wilson Attorney Fees Against “Untruthful” Oregon Guard Vacated by Mark Wilson The Oregon Court of Appeals reversed a $30,000 attorney fee award against a prison guard, holding that her claims were not “unreasonable, frivolous, and without foundation.” In April 2007, Oregon …
Article • October 30, 2015
Houston Justice System Disfavors Poor by Houston Justice System Disfavors Poor Blacks awaiting trial in Harris County Texas have always had a tougher time receiving fair treatment than other ethnic groups. They still do. Gerald R. Wheeler reviewed more than 6,500 felony and misdemeanor pretrial detainee cases in Harris County, …
Article • October 30, 2015
Filed under: Statistics/Trends, Internet
Mistakes and Misinformation Force Temporary Closure of Texas "Prisoner" Website by Mistakes and Misinformation Force Temporary Closure of Texas "Prisoner" Website An excessive amount of mistakes and misinformation on a Texas prisoner information website caused its creators to remove it from the Internet. The Texas Tribune embraces its mission of …
Article • October 30, 2015
Heart Disease, Cancer, and Suicide Continue to be Leading Causes of Prisoner Deaths by Derek Gilna Heart Disease, Cancer, and Suicide Continue to be Leading Causes of Prisoner Deaths by Derek Gilna In 2000, the Bureau of Justice Statistics began to compile statistics from state and local jails on causes …
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