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Brief • May 13, 2016
Filed under: Overdetention, Immigration
Palacios-Valencia v. San Juan County BoC, NM, Amended Complaint, ICE Detainers, 2016 Case 1:14-cv-01050-WJ-KBM Document 60 Filed 05/13/16 Page 1 of 20 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO SUSANA PALACIOS-VALENCIA, on her own behalf and on behalf of a class of similarly situated persons; …
DOJ Increases Budget Even as Americans Tire of Costs of Drug War by Derek Gilna Sometimes the federal government just can’t help itself.  At a time when the majority of Americans still feel that their country is headed in the wrong direction, and have expressed their weariness of the “war …
Article • May 12, 2016
Louisiana Drug Offender Program Leaves $5 Million Shortfall by David Reutter A 2013 law passed by Louisiana lawmakers was expected to save $6 million by diverting drug offenders to treatment and shortening the prison sentences of such offenders by having them complete a drug treatment program. The law has not …
Article • May 12, 2016
Texas Remains Leader in Exonerations of Wrongfully Convicted by Derek Gilna A new report by a national prisoner-rights organization says that once again the state of Texas led the nation in 2013 in exonerations, with 13 cases, and Illinois and New York were not far behind with 9 and 8, …
State of Florida v. Gaiter, FL, Order, unconstitutionality of state death penalty statute , 2016
PLN Exclusive: Illinois Prisoner Exonerated, Released after Ten Years by Derek Gilna The lies of Chicago police officers, as well as the concealment of clearly exculpatory evidence, kept Jermaine Walker in Illinois prisons for ten years – but he never stopped proclaiming his innocence. Plainclothes officers contended that on February …
Article • May 5, 2016 • from PLN May, 2016
Seventh Circuit Reverses Dismissal of Ex-prisoner’s § 1983 Action Regarding Computer Disk by Derek Gilna Craig A. Childress was an Illinois state prisoner at the Big Muddy River Correctional Center who was released from custody to mandatory supervised release in 2010. At the time of his release, a prison official …
Article • May 5, 2016 • from PLN May, 2016
Prisoner Rights Advocates Disappointed with Pace of Obama Clemency Initiative by Derek Gilna President Barack Obama made news in December 2015 when he commuted the sentences of 95 federal prisoners. However, with only one year left in his second term, it is unlikely that he will act on thousands of …
Former U.S. Attorney General’s Legacy: Too Little, Too Late by Derek Gilna The U.S. Sentencing Commission’s unanimous vote in April 2014 to reduce sentencing guidelines two levels for certain defendants convicted of nonviolent drug crimes was a major step in cutting the federal prison terms of both the newly-convicted and …
Idaho Prison Population Drops, Out-of-State Prisoners Re-turned by Christopher Zoukis In a positive sign of declining prison populations, on February 10, 2016, Idaho Department of Correction Director Kevin H. Kempf announced that all 173 state prisoners remaining at the Kit Carson Correctional Center, a Colorado facility operated by Corrections Corporation …
Article • May 5, 2016 • from PLN May, 2016
Seventh Circuit: Former Parolee May Sue Over Delayed Release from Parole by On May 19, 2015, the Seventh Circuit Court of Appeals held that a former parolee may pursue an Eighth Amendment claim in a 42 U.S.C. § 1983 civil rights suit alleging a parole officer had intentionally delayed her …
Article • May 5, 2016 • from PLN May, 2016
Why is California Thumbing its Nose at a Federal Court? by Caleb Mason The Ex Post Facto Clause of the Constitution provides that the government can’t retroactively increase the penalty for criminal conduct. It applies not just to initial sentence length but also to potential “good-time credit” prisoners can earn …
Article • May 5, 2016 • from PLN May, 2016
New York: $35,000 Awarded for Three-week Illegal Confinement by Mark Wilson The Supreme Court of New York, Appellate Division has upheld a $35,000 damage award in favor of a former prisoner illegally confined for three weeks. In October 2007, Robert Miller was charged with second- and third-degree drug offenses. He …
Strong v. Tessmann, IL, Complaint, Wrongful Conviction & Imprisonment, 2016 ' I . Case: 1:16-cv.-048b"' Document#: 1 Filed: 05/03/16 Page 1 of 37 PagelD #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JASON STRONG, ) ) ) ) Plaintiff, V. ) LUCIAN TESSMANN, …
Justice in Review-New Trends in States Sentencing, VERA, 2016 Justice in Review: New Trends in State Sentencing and Corrections 2014-2015 .": CENTER ON SENTENCING AND CORRECTIONS 3FCFDDB4JMCFSt3BN4VCSBNBOJBOt.BJB4QPUUT FROM THE DIRECTOR This analysis of state-level changes in sentencing and corrections laws enacted in 2014 and 2015 reaches readers in the thick …
Brief • April 25, 2016
Jones v. Clark County, 6th Cir, KY, Appellant Brief, wrongful imprisonment jail demanded pay-to-stay fees, 2016 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT CASE NO. 16-5295 _______________________________________ DAVID JONES, Plaintiff - Appellant v. CLARK COUNTY, KENTUCKY, et al., Defendants - Appellees. On Appeal from the United States District …
Exclusive! Breaking News: Illinois Prisoner Exonerated, Released after Ten Years by Exclusive! Breaking News: Illinois Prisoner Exonerated, Released after Ten Years by Derek Gilna  The lies of Chicago police officers, as well as the concealment of clearly exculpatory evidence, kept Jermaine Walker in Illinois prisons for ten years – but …
Brief • April 12, 2016
Payne v. County of Cook, IL, Amended Complaint, Illegal Police Search, 2016 Case: 1:15-cv-03154 Document #: 120 Filed: 04/12/16 Page 1 of 49 PageID #:782 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ORANGELO PAYNE, Plaintiff v. ) ) ) ) COUNTY OF COOK, …
Article • April 1, 2016 • from PLN April, 2016
Filed under: Parole Conditions
Medical Marijuana Use by Arizona Probationer Cannot Support Violation by The Arizona Supreme Court held on April 7, 2015 that “any probation term that threatens to revoke probation for medical marijuana use that complies with the terms of AMMA [the Arizona Medical Marijuana Act] is unenforceable and illegal under AMMA.” …
Article • April 1, 2016 • from PLN April, 2016
Ninth Circuit: Improper ICE Detainer Constitutes Article III Injury by Mark Wilson The Ninth Circuit Court of Appeals reversed a district court’s dismissal of a false imprisonment suit based upon an improper immigration detainer, as the district court incorrectly held that it lacked Article III standing. In June 2007, Bernardo …
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