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Article • December 15, 2007
Seeking Evidence for DNA Testing Allowed Under § 1983 by The plaintiff's § 1983 suit seeking access to the biological evidence against him for purposes of challenging his criminal conviction was not in the nature of habeas corpus and did not require exhaustion of state judicial remedies. The plaintiff sought …
Article • December 15, 2007
$35,000 Settlement in Maine Jail Strip-Search Case by After he was arrested on a misdemeanor charge, Geoffrey V.V. Wood was strip-searched at Maine's Hancock County Jail. Wood filed suit, alleging the strip search procedures were illegal and unconstitutional. He settled his lawsuit in May 2004 for $35,000. See: Wood v. …
Article • December 15, 2007
Federal Law Requiring Felons Submit DNA Sample Constitutional by The Sixth Circuit Court of Appeals has held that a federal statute, 42 U.S.C. § 14135a, that requires persons convicted of federal felonies to submit a DNA sample is constitutional. That ruling comes in the appeal of Bobbie J. Conley, who …
$56,000 Settlement for Torturous Eight Hours in New Jersey Jail by In April 2007, the Borough of Bradley Beach, New Jersey, agreed to pay $56,000 to settle a federal lawsuit alleging multiple constitutional violations by a woman who spent eight hours in the Borough?s jail. Plaintiff Aimee Sliker was arrested …
Innocent Indiana Man Awarded $9 Million for 20 Years Imprisonment by An Indiana federal jury awarded Larry Mayes $9 million for actions taken by police officers of Indiana's City of Hammond, which resulted in Mayes being convicted of a rape he did not commit. As a result of those actions, …
Article • November 15, 2007 • from PLN November, 2007
Connecticut Strip Search Suit Settles For $2.5 Million by The State of Connecticut will pay $2.5 million to settle a class action lawsuit that alleged the state maintained an unconstitutional practice of strip searching all incoming prisoners at the New Haven Community Correction Center (NHCCC). Plaintiff Charles Campbell claimed that …
Rikers Island Diapered Mentally Ill in Segregation by Prison officials in New York City have been charged in a lawsuit filed upon behalf of four mentally ill prisoners with depriving those prisoners of their basic human rights and placing them in diapers while in isolated segregation. The prisoners, who were …
Article • November 15, 2007 • from PLN November, 2007
Cook County, Illinois, To Pay $4,575,000 for Nonconsensual STD Testing by On July 10, 2007, Cook County, Illinois, agreed to pay $4,575,000 to settle a federal class action lawsuit that alleged prisoners were subjected to nonconsensual testing for sexually transmitted diseases (STDs) during intake at Chicago?s Cook County jail. Plaintiffs …
False Positive - Phoenix New Times article on retaliation at Sheriff Arpaio's jail by Robert Nelson False Positive Is Joe Arpaio up to his same old dirty tricks? This time, a man's life may be at stake. By Robert Nelson Published: February 19, 2004 Jim Cozzolino wasn't afraid of serving …
San Mateo County, California, Settles Strip-Search Suit for $1.9 Million by On February 5, 2007, San Mateo County, California, agreed to pay $1.9 million to settle a class action lawsuit alleging that an estimated 1,200 women were illegally strip-searched at the county jail between February 3, 2002, and December 2, …
Article • October 15, 2007 • from PLN October, 2007
Filed under: Searches, Drug Testing, Parole
Texas Parole Board Revamps Urinalysis Procedures by The Texas Parole Board is replacing its old, error-prone drug testing procedure with a new method it says will reduce mistakes and provide for independent confirmation of positive test results?something that has been unavailable in the past. Some aspects of the testing procedure …
Management & Training Corp. Struggles to Maintain Market Share by Gary Hunter For-profit private prison operator Management & Training Corporation (MTC) has recently lost lucrative contracts to run prisons in the United States and Canada. While the private prison industry is dominated by industry giants Corrections Corporation of America, Geo …
Article • September 15, 2007 • from PLN September, 2007
Pennsylvania DNA Act Not Ex Post Facto by The Pennsylvania Supreme Court held that the state?s mandatory DNA collection law does not violate state or federal ex post facto prohibitions. The court upheld application of the law to one defendant, finding that she was convicted of a predicate offense. It …
Article • September 15, 2007 • from PLN September, 2007
California: Disciplinary Conviction Upheld Where Petitioner Argued Only Violation of Constitutional Rights, Not State Law Rights by John Dannenberg Strictly construing the U.S. Supreme Court's "some evidence" rule, the California Court of Appeal held that where one cellmate had secreted contraband razor blades in his cell property, his cellmate could …
Rhode Island Pays $120,000 To Prisoner Forced To Eat Feces by Michael Rigby The State of Rhode Island has paid $120,000 to settle with a prisoner who was forced by guards to eat his own feces. While serving a six month sentence for shoplifting at the Adult Correctional Institution (ACI) …
Article • August 15, 2007 • from PLN August, 2007
$1.2 Million Compensation Package Approved For Wrongfully Convicted Georgia Man by Who can put a price on wrongful imprisonment? The Georgia legislature can. On March 19, 2007, the Georgia House of Representatives approved a $1.2 million compensation package for a man who spent 23 years in prison for a rape …
An Old Story: District of Columbia Continues Overdetaining and Strip Searching Prisoners by A federal district court for the District of Columbia has, once again, certified a class action in a complaint that District of Columbia is over-detaining persons ordered released and strip searching them without individualized suspicion. The Court …
Seminole County Jail Settles Strip Search Suits; Judge Removed From Bench by A settlement has been reached in a class action lawsuit involving persons arrested in open court and illegally strip searched upon arrival at Florida?s Seminole County Jail. The suit was filed after the plaintiffs were arrested for failure …
Article • July 15, 2007 • from PLN July, 2007
$13,655,940 Award For False Massachusetts Rape Conviction by Matthew Clarke by Matthew T. Clarke On October 4, 2006, a federal court in Massachusetts awarded $13,655,940 to a man falsely convicted of rape. Eric Sarsfield was living in Marlborough, Massachusetts in July 1987 when Ms. Toni Gustus was raped in the …
Article • July 15, 2007 • from PLN July, 2007
Louisville, Kentucky, Settles with Wrongly Imprisoned Man for $3.9 Million by A man who spent seven years in prison for a rape he didn?t commit will receive $3.9 million from the city of Louisville, Kentucky, according to a February 12, 2007 settlement agreement. William Gregory, now 59, was convicted in …
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