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Texas Court Finds CCA Subject to State’s Public Information Act, Awards Attorney Fees by Texas Court Finds CCA Subject to State’s Public Information Act, Awards Attorney Fees On September 15, 2014, a Travis County District Court entered a final judgment that found Corrections Corporation of America (CCA), the nation’s largest …
Article • October 10, 2014 • from PLN October, 2014
$750,000 Settlement for Washington State Prisoner’s Wrongful Death by Carrie Wilkinson $750,000 Settlement for Washington State Prisoner’s Wrongful Death by Carrie Wilkinson Although Prison Legal News and its parent organization, the Human Rights Defense Center (HRDC), are best known for litigation involving censorship by prison and jail officials, HRDC also …
Article • October 10, 2014 • from PLN October, 2014
In Washington State Prisons, Negligent Health Care Turns Illness into a Death Sentence by Rick Anderson In Washington State Prisons, Negligent Health Care Turns Illness into a Death Sentence Ricardo Cruz Mejia went to prison a murderer, he left a victim. by Rick Anderson Ricardo Cruz Mejia’s final days began …
Article • October 5, 2014
Filed under: Restitution, Juveniles
No Jury Determination of Oregon Juvenile Restitution by Mark Wilson No Jury Determination of Oregon Juvenile Restitution   by Mark Wilson   On October 3, 2013, the Oregon Supreme Court held that juveniles do not have a constitutional right to a jury determination of the amount of restitution they owe. …
Article • October 5, 2014
New York: Illegal Application of Parole Condition Clearly Established by New York: Illegal Application of Parole Condition Clearly Established   The Second Circuit Court of Appeal has held that its ruling in Earley v. Murray, 451 F.3d 71 (2d Cir. 2006) clearly established the unconstitutionality of New York prison officials …
Article • October 5, 2014
State of Washington Settles in Prisoner’s Retaliatory Segregation Claim by State of Washington Settles in Prisoner’s Retaliatory Segregation Claim   The State of Washington reached a settlement of $11,000 and appropriate dental care in February 2004 with Patrick J. Hoffman, a prisoner at Stafford Creek Correctional Center, Intensive Management Unit. …
Texas Supreme Court Holds TDCJ Immune in Suit Alleging Sexual Assault of Prisoners by Texas Supreme Court Holds TDCJ Immune in Suit Alleging Sexual Assault of Prisoners   On October 26, 2102, the Texas Supreme Court held that the Texas Department of Criminal Justice – Community Justice Assistance Division (TDCJ) …
Article • October 5, 2014
D.C. Circuit Rules Detainee Treatment Act Not Subject to § 1983 Remedy by Derek Gilna D.C. Circuit Rules Detainee Treatment Act Not Subject to § 1983 Remedy   by Derek Gilna   A John Doe plaintiff, a U.S. citizen and employee of an American-owned defense contracting firm performing Arabic translating …
Article • October 5, 2014
Fifth Circuit: Exhaustion Mandatory Prior to Filing § 1983 Suit by Fifth Circuit: Exhaustion Mandatory Prior to Filing § 1983 Suit   On December 12, 2012, the Fifth Circuit Court of Appeals held that exhaustion of administrative remedies must be completed prior to the filing of a civil rights action …
Article • October 5, 2014
Willfulness Must be Proven to Violate Florida Probation for Failure to Pay by Willfulness Must be Proven to Violate Florida Probation for Failure to Pay   The Florida Supreme Court has held it is unconstitutional to make a finding of a probation violation without inquiring into the probationer’s ability to …
Article • October 5, 2014
CIA’s FOIA Response to Records on Targeted Killings by Drones Deficient by Michael Brodheim CIA’s FOIA Response to Records on Targeted Killings by Drones Deficient   by Michael Brodheim   In March 2013, the D.C. Circuit Court of Appeals held that the Central Intelligence Agency (C.I.A.) could not respond to …
Article • October 5, 2014
Filed under: Sentencing, Parole
Due Process Requires Hearing before Return to Parole in Mistaken Release by David Reutter Due Process Requires Hearing before Return to Parole in Mistaken Release   by David M. Reutter   The Sixth Circuit Court of Appeals has upheld the grant of qualified immunity to defendants who returned a man …
Release of Tethering Records Settles North Carolina Public Record Suit by Release of Tethering Records Settles North Carolina Public Record Suit   North Carolina prison officials agreed to give a prisoner segregation tethering records to settle his public record law violation suit.   The North Carolina Department of Corrections (NCDOC) …
Article • October 5, 2014
Iowa Parole Search Condition is Not Search Consent; Warrantless Search Violated Iowa Constitution by Mark Wilson Iowa Parole Search Condition is Not Search Consent; Warrantless Search Violated Iowa Constitution   by Mark Wilson   The Iowa Supreme Court held that a warrantless search of a parolee’s home violated the Iowa …
Article • October 5, 2014
Filed under: Money/Property
California: Court Has No Authority to Order Return of Funds Erroneously Disbursed to Creditor Pursuant to Writ of Execution by Michael Brodheim California: Court Has No Authority to Order Return of Funds Erroneously Disbursed to Creditor Pursuant to Writ of Execution   by Michael Brodheim   In May 2013, the …
Article • October 5, 2014
Florida Public Defender May File Systematic Motions to Withdraw Due to Case Overload by David Reutter Florida Public Defender May File Systematic Motions to Withdraw Due to Case Overload   by David Reutter   The Florida Supreme Court has held that aggregate/systematic motions to withdraw by the Public Defender’s office …
Washington Supreme Court Holds Victim Impact Statements and Special Sex Offender Sentencing Alternative Evaluations May Be Disclosed by Washington Supreme Court Holds Victim Impact Statements and Special Sex Offender Sentencing Alternative Evaluations May Be Disclosed   On September 27, 2012, the Supreme Court of Washington held that Victim Impact Statements …
Article • October 5, 2014
Filed under: Good Time, Pardons/Clemency
Iowa Governor’s Sentence Commutation Changes Good Time Rate by Iowa Governor’s Sentence Commutation Changes Good Time Rate   The Iowa Supreme Court has held that a governor’s commutation of sentence has a legal effect of changing the rate a prisoner may accumulate earned time from the date of commutation forward, …
Article • October 5, 2014
Compliance with Court Order Cannot Support Dismissal of Lack of Prosecution by Compliance with Court Order Cannot Support Dismissal of Lack of Prosecution   The Nebraska Supreme Court has reversed the dismissal of a prisoner’s civil action for lack of prosecution. In doing so, the court held the district court …
Fourth Circuit Rules Maryland’s Non-Adoption of SORNA No Excuse for Non-Registration by Derek Gilna Fourth Circuit Rules Maryland’s Non-Adoption of SORNA No Excuse for Non-Registration   by Derek Gilna   Unfortunately for Brian Lee Gould, a convicted sex offender, the 4th Circuit has upheld his new conviction for non-registration under …
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