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Article • July 15, 2008
Arizona Prisoners' Records Requests Statutorily Denied; No Constitutional Right To Work Furlough by Arizona State pro se prisoner Richard Berry appealed the dismissal of his due process claims for being denied work furlough and copies of his criminal records. The dismissal was affirmed. Berry requested his master record file after …
Article • July 15, 2008
Arizona Jail Detainees' Offense Report's Disclosure Statutorily Mandated by Pima County (Arizona) Jail detainee Lawrence Carlson appealed a court dismissal of his action for defamation against Sheriff Clarence Duprik. Duprik released an offense report to the press resulting in a slanderous article. The report was ruled a public record and …
Article • July 15, 2008
Disclosure Of Arizona Investigative Reports Involved In Active Litigation Statutorily Denied by Maricopa County (Arizona) Attorney Thomas Collins appealed a 1987 court ruling granting the production of investigative police reports involved in active ongoing litigation to the media. He also appealed the media's award of attorney's fees and costs which …
Arizona Agencies' Public Records Denial Condoned If In Best Interest Of Agencies. by The City of Tucson (Arizona) and it's police department (TPD) appealed a court ruling requiring active litigation document's production with awards for attorney's fees. The requestor appealed the order denying partial production. The production determination was affirmed …
Article • July 15, 2008
Former Arizona County Manager's Personal Emails Not Subject To Disclosure by Former Pinal County (Arizona) Manager Stanley Griffis appealed a court ruling requiring the disclosure of 90 personal emails after his 2005 suspension for illegally purchasing firearms with County funds. One email's production was affirmed but the rest were reversed. …
Article • July 15, 2008
Arizona Pre-Litigated Investigative Reports Not Subject To Disclosure Absent Compelling Grounds by The Maricopa County (Arizona) Adult Probation Department (Department) appealed the court-ordered production of investigatory files concerning the requestor's disciplinary action. The appellate production order was vacated. Department employee Frederic London was suspended for alleged misconduct in 2000 pending …
Pochoda v. Arpaio, AZ, Complaint, Unlawful Arrest, 2008 1 2 3 4 5 Joel B. Robbins, Esq. (011065) Anne E. Findling, Esq. (010871) ROBBINS & CURTIN, p.l.l.c. 301 East Bethany Home Road, Suite B-100 Phoenix, Arizona 85012 Tel: 602/285-0100 Fax: 602/265-0267 joel@robbinsandcurtin.com 6 7 8 IN THE SUPERIOR COURT OF …
Article • May 15, 2008 • from PLN May, 2008
$100,000 Damage Award Vacated for Seven-Year Service Delay by The Ninth Circuit Court of Appeals vacated a $100,000 excessive force judgment, and ordered dismissal of the action due to a seven-year delay in service on the defendants. On August 9, 1995, Robert Efaw was confined in the Navajo County Jail …
Prison Doctors, Tainted by Regulatory Board Discipline, Administer Wisconsin Prisoner Care by David Reutter by David M. Reutter Whenever prisoners complain about inept healthcare, prison officials accuse them of being manipulating whiners, or assert they are being administered the ?community standard of care? by competent medical professionals. A review by …
Article • May 15, 2008
Parole Condition Banning Porn Access for Sex Offender Upheld by The criminal defendant, convicted of sexually abusing a child, was sentenced to prison and given a condition of subsequent supervised release that he "not possess any sexually stimulating of sexually oriented material deemed inappropriate by his probation officer and/or treatment …
Class Certified in Hispanic Racial Profiling Suit by Standing is assessed with respect to the class as a whole after class certification but with respect to the named plaintiffs before certification. Evidence of a pattern or practice of police conduct that does not depend on the plaintiff's own behavior can …
Article • May 15, 2008
Arizona Gas Chamber Unconstitutional by The court holds that execution by lethal gas as practiced in Arizona is unconstitutional, applying the prior decision in Fierro v. Gomez, which it notes was vacated but has never been held wrong. The Supreme Court later held that the petitioner's claim was procedurally barred …
Buried Alive: Solitary Confinement in Arizona’s Prisons and Jails by David Reutter Buried Alive: Solitary Confinement in Arizona's Prisons and Jails Review by David M. Reutter "There have been a couple of times that I've tried to end my life in here, but they keep reviving me and bringing me …
Flurry of Escapes Emphasizes Prisoners' Desperation by Matthew Clarke by Matt Clarke Last September produced a bumper crop of prison and jail escapes around the country, including a desperate escape by two Texas prisoners that resulted in the death of a guard, a car jacking and two shootouts. Plus a …
Dennis the Menace by Arpaio's lawyer can't explain away his fudged résumé Phoenix New Times By Amy Silverman Published: December 27, 2007 On October 19, the day after New Times' owners were arrested, the county attorney very publicly fired special prosecutor Dennis Wilenchik. That same day, Bill French very quietly …
Head on a Skewer by Paul Rubin Joe Arpaio was so obsessed with getting a hard-charging New Times writer prosecuted that he badgered Andy Thomas into making a fool of himself Phoenix New Times By Paul Rubin Published: March 20, 2008 On May 2, 2005, a prosecutor and an investigator …
New Times files a prelude to a lawsuit against Sheriff Joe Arpaio by Stephen Lemons County Attorney Andy Thomas and a discredited ex-special prosecutor on behalf of its readers and the Constitution Phoenix New Times By Stephen Lemons Published: February 21, 2008 New Times submitted a formal Notice of Claim …
Article • February 15, 2008 • from PLN February, 2008
Arizona Prison Guard Awarded $750,000 for False Sexual Misconduct Allegations by On March 26, 2007, an Arizona jury awarded $750,000 to an Arizona prison guard who claimed a state investigator knowingly withheld evidence exonerating him of alleged malfeasance and sexual misconduct. A female state prisoner accused the plaintiff, a 31-year-old …
Article • February 15, 2008
Math-challenged Sheriff Joe Arpaio can't account for the $41 million he's cost taxpayers by From the beak of The Bird to the ear of Stephen Lemons Published: January 10, 2008 Nothing makes this mallard madder than Tyra Banks after someone's said her booty's too big than having the truth-twisters over …
Article • February 15, 2008 • from PLN February, 2008
Colorado Farms Out Prisoners to Replace Immigrant Farm Workers by Colorado is renting its prisoners to local farmers to replace migrant agricultural workers - mostly Mexican and Central American - who have been scared away by the state's restrictive immigration laws. In 2006, the Colorado legislature passed what it trumpeted …
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