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Ninth Circuit Disfavors First Amendment Bivens Claim Against Private Reentry Center by Matthew Clarke by Matthew Clarke On February 7, 2018, the Ninth Circuit court of appeals held that a federal prisoner could not pursue a claim that a privately operated reentry center's employees had violated his First and Fifth …
Article • April 10, 2018
Detainees’ Forced Labor Claim Against GEO Class-Certified by David Reutter by David Reutter The Tenth Circuit Court of Appeals affirmed the certification of two subclasses in litigation alleging that GEO Group violated federal forced labor and Colorado unjust enrichment laws at its Aurora, Colorado, immigrant detention center. The complaint alleged …
Benson v. Meisner, WI, Complaint, Revealing Prison Informant, 2018 Case 2:18-cv-00538-DEJ Filed 04/06/18 Page 1 of 12 Document 1 Case 2:18-cv-00538-DEJ Filed 04/06/18 Page 2 of 12 Document 1 Case 2:18-cv-00538-DEJ Filed 04/06/18 Page 3 of 12 Document 1 Case 2:18-cv-00538-DEJ Filed 04/06/18 Page 4 of 12 Document 1 Case …
Article • January 31, 2018 • from PLN February, 2018
New York: Prison Disciplinary Witness Request Improperly Denied by The New York Supreme Court’s Appellate Division has held that a prison disciplinary hearing officer improperly denied a prisoner’s request to call witnesses. As such, the court remanded the case for a new disciplinary hearing. Based upon confidential information, New York …
Article • January 31, 2018 • from PLN February, 2018
Texas State Jail Guard Indicted for Leaking Video of Tear Gassing by On December 8, 2016, Elderick Brass, a former Texas Department of Criminal Justice (TDCJ) lieutenant, was indicted for misuse of official information for leaking a video that showed tear gas being deployed against prisoners at the Pam Lynchner …
Brief • January 22, 2018
USA v. Espinoza, CA, Opinion, Evidence in Drug Conviction Case, 2018 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 16-50033 v. D.C. No. 3:15-cr-01330-LAB-1 ANGELICA URIAS ESPINOZA, Defendant-Appellant. OPINION Appeal from the United States District Court for the Southern District of …
USA v. Suarez, TX, Opinion, Evidence in Drug Trafficking Case, 2018 Case: 16-41267 Document: 00514306076 Page: 1 Date Filed: 01/12/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-41267 United States Court of Appeals Fifth Circuit FILED January 12, 2018 UNITED STATES OF AMERICA, Lyle W. …
Griffin v. Condon, MI, Appellate Brief, Retaliation, 2018 Case: 17-1931 Document: 16 Filed: 01/10/2018 Page: 1 CASE NO. 17-1931 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT RANDLE GRIFFIN, Plaintiff-Appellee, v. RUM LOUIS CONDON, RUO JOSEPH DOWNARD, and RUO GARY MCMURTRIE, Defendants-Appellants. ON APPEAL FROM THE UNITED STATES DISTRICT …
Report Finds Texas Prison Staff Often Ignore Reports of Prison Rape by Matthew Clarke by Matthew Clarke In November 2016, the Texas Association Against Sexual Assault and the Prison Justice League (PJL) published a report on sexual assaults in Texas prisons. The report concluded that Texas has failed to stem …
Article • December 5, 2017 • from PLN December, 2017
Prisoner’s Escape from Understaffed Private Prison Results in Staff Discipline by Christopher Zoukis by Christopher Zoukis Four guards at the Donald W. Wyatt Detention Center in Central Falls, Rhode Island were placed on administrative leave after a prisoner escaped on New Years Eve 2016. James Morales, 35, scaled the backboard …
Brief • November 16, 2017
Juniper v. Zook, VA, Opinion, Brady Claim, 2017 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7 ANTHONY BERNARD JUNIPER, Petitioner-Appellant, v. DAVID W. ZOOK, Warden, Sussex I State Prison, Respondent-Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. John …
Brief • September 6, 2017
State of Utah v. Goins, UT, Opinion, 2017 This opinion is subject to revision before final publication in the Pacific Reporter 2017 UT 61 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, Respondent, v. DESEAN MICHAEL GOINS, Petitioner. No. 20160485 Filed September 6, 2017 On Certiorari …
Article • September 1, 2017
Filed under: Guilty Pleas
Minnesota Court Refuses to Order Specific Performance in Murder Plea by Lonnie Burton by Lonnie Burton On December 27, 2016, the Court of Appeals of Minnesota denied an appeal filed by a woman who pled guilty to third degree murder, but who claimed the state reneged on the terms of …
Article • August 30, 2017 • from PLN September, 2017
Exonerated Man Receives $6 Million in Malicious Prosecution Settlement by Christopher Zoukis by Christopher Zoukis Derrick Deacon spent more than 24 years in prison for a murder he did not commit. After having his conviction thrown out by an appeals court and being found not guilty in a subsequent retrial, …
Article • August 29, 2017 • from PLN September, 2017
Ohio State Criminal Convictions Threatened by Evidence Technician’s Misconduct by Derek Gilna by Derek Gilna Recent court filings make it clear that G. Michele Yezzo, an evidence technician for 33 years with the Ohio Attorney General’s Office’s Bureau of Criminal Investigation (BCI), had a long history of behavioral problems that …
Brief • August 18, 2017
Carter v. State of Michigan, MI, Judgment, Wrongful Imprisonment, 2017 .· STATE OF MICHIGAN IN THE COURT OF CLAIMS EDWARD GEORGE CARTER, Plaintiff, v Case No. 17-90-MZ HON. Michael J. Talbot STA TE OF MICHIGAN, Defendant. GEOFFREY N. FIEGER (P30441) SIMA G. PATEL (P69541) Attorneys for Plaintiff Fieger, Fieger, Kenney …
Article • August 7, 2017
$750,000 Settlement for MI Man Wrongfully Jailed for Murder of Girlfriend's Infant Son by Joe Watson by Joe Watson Matthew Ditzhazy, who was acquitted of charges that he murdered his girlfriend’s 19-month-old son, reached a $750,000 settlement agreement in July 2008 with the city of Lincoln Park, Mich., near Detroit, …
Article • July 28, 2017 • from PLN August, 2017
Ethics Rule Requiring Post-conviction Disclosure of Exculpatory Evidence Adopted in North Carolina by In the wake of the exoneration of five North Carolina men, the state Supreme Court adopted a new ethics rule in March 2017 that requires any attorney who receives evidence suggesting the innocence of a convicted defendant …
Article • July 28, 2017 • from PLN August, 2017
California Court Vacates Prison Infraction Charging Prisoner for Refusing Meals by Lonnie Burton by Lonnie Burton The California Court of Appeal, First Appellate District, Division Two, has invalidated a prison infraction that charged a hunger-striking prisoner with “participating in a riot, rout, or unlawful assembly,” as it was unsupported by …
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