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Article • April 15, 2013
Filed under: Civil Procedure, Estoppell
U.S. First Circuit Court Upholds Judicial Estoppel in Bankruptcy Case by The United States Court of Appeals for the First Circuit held in April 2012 that the U.S. District Court for the District of New Hampshire did not abuse its discretion in applying judicial estoppel to foreclose appellant’s claims in …
Article • April 15, 2013
Filed under: Crime/Demographics, Escapes
US Tenth Circuit Court Defines Escape as Violent Felony by The United State Court of Appeals for the Tenth Circuit heard in November 2011 the case of appellant George John Koufos, convicted per plea agreement and sentenced in August 2010 on charges of bank fraud and possession of a firearm …
Article • April 15, 2013
Vermont Supreme Court Orders Disclosure of Police Records by The Supreme Court of Vermont reversed in August 2012 the ruling of the Superior Court, Town of Hartford, Vermont, in a civil case in which appellant, journalist Anne Galloway, sought police records arising from a burglary call that resulted in the …
Article • April 15, 2013
Virginia's FOIA Ruled to Not Violate Some Constitutional Guarantees by Derek Gilna In a case brought under 42 U.S.C. 1983, the U.S. Court of Appeals for the Fourth Circuit has ruled that the Virginia Freedom of Information Act (VFOIA), Section 2.2-3700 et seq. (2011), "does not violate the Appellants' rights …
Article • April 15, 2013
Volunteering Information to an Inmate Informant Does Not Require Miranda Warning by Tavares Hunt, a prisoner in the Cook County Jail (Illinois), became a suspect in the murder of Shakir Beckley. Mycal Davis, another prisoner, volunteered to become an informant and elicit incriminating information concerning the homicide. Wearing a wire, …
Article • April 15, 2013
Washington Photo Confiscation/Destruction Not Negligent by The Washington State Court of Appeals upheld a lower court's dismissal of a prisoner's negligence claim for the confiscation and destruction of family photographs. Kurt Engle was convicted of raping and molesting his minor daughter and son. The trial court ordered that Engle was …
Eighth Circuit Vacates Special Condition of Supervised Release on Possessing Materials Depicting Nudity by Brandon Sample A special condition of supervised release prohibiting the possession of "any material, legal or illegal, that contains nudity or that depicts or alludes to sexual activity or depicts sexually arousing material" sweeps too broadly …
Article • April 15, 2013
Ninth Circuit: Improper Screening of Prisoner's Grievances May Excuse Failure to Exhaust Under PLRA by In a ruling with potentially significant consequences, the Ninth Circuit held on September 27, 2010 that a prison official's improper screening out of a prisoner's grievances may excuse the prisoner's failure to exhaust administrative remedies, …
Third Circuit: Prison Disciplinary Hearing Officer Must Examine Potentially Exculpatory Evidence by The Third Circuit held, twice in the same case, that it is a due process violation for a prison hearing officer not to examine documentary evidence that a prisoner charged with a disciplinary infraction believes will exonerate him, …
Second Circuit: SORNA Applies to All Sex Offenders by Mark Wilson The Second Circuit Court of Appeals held that the federal Sex Offender Registration and Notification Act (SORNA) applied upon enactment to sex offenders whose predicate sex offense convictions predate SORNA. The appellate court also held that violation of SORNA’s …
Article • April 15, 2013
Filed under: PLRA, Filing Fees (PLRA)
No More Than 20 Percent Can Be Deducted To Pay Filing Fees by Brandon Sample The provision of the Prison Litigation Reform Act (PLRA) authorizing monthly deductions from a prisoner’s account to satisfy the filing fee in a civil case does not permit prison officials to deduct more than 20 …
Article • April 15, 2013
Heck Does Not Apply to Released Prisoner Seeking Damages for Sentence Miscalculation by Brandon Sample The U.S. Supreme Court's decision in Heck v. Humphrey does not bar a released federal prisoner's false imprisonment claims under the Federal Tort Claims Act (FTCA), the U.S. Court of Appeals for the Eleventh Circuit …
Article • April 15, 2013
Wisconsin Appeals Court Orders Photos Delivered to Prisoner by Michael Rigby On July 22, 2010, the Wisconsin Court of Appeals, District IV, held that three prison employees – sued over their involvement in withholding pictures deemed pornographic by Department of Corrections policy – were entitled to qualified immunity. The court …
Article • April 15, 2013
California: Stanford Report Analyzes Lifer Paroles by In a first-of-its-kind, long-overdue study, the Stanford Criminal Justice Center (SCJC) has examined the parole release process for parole-eligible "life" prisoners in California, now numbering more than 32,000. As of 2010, lifers comprised more than one-fifth of California's prisoner population, a higher percentage …
Article • April 15, 2013
Mississippi Supreme Court Upholds Outgoing Governor's 214 Messy Pardons by Joe Watson Two months of political gamesmanship and blustery media coverage came to an end on March 8 when the Mississippi Supreme Court upheld more than 200 pardons granted by Haley Barbour in his final days as governor. The court …
Article • April 15, 2013
Report Critical of Maine DOC's Medical Contractors by Joe Watson Report Critical of Maine DOC’s Medical Contractors by Joe Watson For nine years, Corizon had a lucrative monopoly on prison healthcare in Maine. But after a November 2011 state agency review cited persistent “deficiencies,” the company appears headed for a …
Article • April 15, 2013
Department of Justice Releases Report on Prison and Jail Deaths 2000-2009 by Matthew Clarke by Matt Clarke The Bureau of Justice Statistics of the U.S. Department of Justice has released a report detailing the deaths of prisoner in U.S. jails and prisons covering the years from 2000 through 2009. The …
Article • April 15, 2013
Minnesota Study Shows Prisoners Receiving Visits Have Lower Recidivism Rates by Matthew Clarke by Matt Clarke A report describing a study by the Minnesota Department of Corrections (DOC) shows that prisoners who receive regular visits while in prison are 13% less likely to commit new felonies and 25% less likely …
Article • April 15, 2013
Kansas Supreme Court Reverses Jail Suicide Summary Judgment by The Kansas Supreme Court unanimously held that jailers were not entitled to summary judgment for failing to prevent a detainee's suicide. Anthony Stapleton was detained in the Shawnee County Adult Detention Center, from October 23, 2002, until his November 29, 2002 …
Article • April 15, 2013
Delaware Supreme Court Reverses Lawyer "Fast One" by Delaware Supreme Court Reverses Lawyer "Fast One" The Supreme Court of Delaware reversed and remanded in July 2012 the lower court’s order denying motion to vacate judgment in a case involving one lawyer’s “manipulation of court processes” to prevail over another lawyer. …
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