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Parole for Women in California: Promise or Pathos by Corey Weinstein by Corey Weinstein, MD, CCHP Women are not men, but the California Department of Corrections (CDoC) has treated them as such until very recently. They are housed in mega prisons, denied contact with their children and denied important gender …
Washington DOC May Not Conduct Rehearing of Infraction Being Challenged in Collateral Attack by Washington DOC May Not Conduct Rehearing of Infraction Being Challenged in Collateral Attack The Washington Court of Appeals, Division III, held that the Department of Corrections (DOC) may not conduct a rehearing of a prison disciplinary …
Article • October 15, 2005
Forced Catheterization of Arrestee for Drug Test Upheld by The plaintiff was arrested for disorderly conduct and found to be pretty drunk and in possession of a marijuana pipe; the jail wouldn't admit him without a medical clearance. At the hospital he became uncooperative and abusive. A doctor directed that …
Brief • October 6, 2005
Filed under: Strip Searches
Haney v. Miami-Dade County, FL, Agreed Order Judgment Dismissal, Strip Searches, 2005 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION 1- .LiLi I>)~ 'J.r. CASE NO. 04-20516-CIV-Jordan/Brown 1 ---- 1 JUDITH HANEY, LIAT MAYER, JAMIE LOUGHNER, DARCY SMITH, and AMANDA WELLS, individuany and on behalf of a Class …
USP Beaumont, Texas: Murder and Mayhem in the Thunder Dome by Leah Caldwell Located in East Texas, the Federal Correctional Complex (FCC) at Beaumont is made up of a trio of federal prisons that are home to 5,667 prisoners. These prisons are run by the Bureau of Prisons, which is …
Article • September 15, 2005 • from PLN September, 2005
Ninth Circuit Upholds Preliminary Injunction Against Webcams In Arizona Jail by Michael Rigby The U.S. Ninth Circuit Court of Appeals has upheld a preliminary injunction prohibiting an Arizona sheriff from displaying live video of prisoners in the Maricopa County Jail on the internet. This case arises from Maricopa County Sheriff …
Article • September 15, 2005 • from PLN September, 2005
Miami-Dade Pays $6.25 Million to Settle Illegal Strip Search Suit by A Florida federal district court has approved a $6.25 million settlement in a lawsuit alleging thousands of female prisoners were illegally strip searched at the Miami-Dade County Correctional Facilities. The settlement entitles l0,000 women who were strip searched after …
Article • July 15, 2005 • from PLN July, 2005
Crime Lab Problems Continue In Texas, Elsewhere by Michael Rigby More than two years after the closure of its DNA division, the Houston Police Department (HPD) crime lab remains a lesson in how not to run a forensics unit. Recent developments include the discovery of 280 boxes of misplaced evidence …
Article • April 15, 2005 • from PLN April, 2005
Wisconsin County Pays $6.95 Million To Settle Strip-Search Suit by by Michael Rigby St. Croix County, Wisconsin, and its insurer has paid $6.95 million to settle a federal class-action lawsuit challenging the constitutionality of the county jail's blanket strip-search policy, according to the terms of a February 27, 2004, settlement …
New Federal Civil Rights Tax Relief Act Ends Double Taxation On Attorney Fee Awards by California Drug Possession" Disciplinary Satisfied By Positive Urine Test The California Court of Appeal held that a positive urine test for THC (marijuana) was some evidence" sufficient to uphold a prison disciplinary finding of possession" …
Article • March 15, 2005 • from PLN March, 2005
New York Jail Settles Strip-Search Suit For $2.7 Million by On March 10, 2004, the parties involved in a class action lawsuit over unlawful strip-searches performed during intake at the Rensselaer County (New York) Jail agreed to settle the case for $2.7 million. On various occasions between June 26, 1999 …
Article • March 15, 2005 • from PLN March, 2005
Filed under: Searches, Arrestee Searches
New York Jail's Strip Search Policy Permanently Enjoined by A federal court in New York held that the Orange County Correctional Facility's (OCCF) strip search policy violated the Fourth Amendment by authorizing strip searches without individualized reasonable suspicion that a detainee possessed contraband. The court found that the balance of …
California Initiative To Soften "3-Strikes" Law Defeated; DNA Collection From Arrestees Approved by California Initiative To Soften "3-Strikes" Law Defeated; DNA Collection From Arrestees Approved Proposition 66 (Prop. 66), a voter Initiative Act placed on the ballot by prisoners' families to soften California's unforgiving "3-Strikes" law by qualifying an offense …
Article • January 15, 2005 • from PLN January, 2005
DNA Profiling of Conditionally Released Federal Offenders Upheld by John E Dannenberg DNA Profiling Of Conditionally Released Federal Offenders Upheld by John E. Dannenberg A sharply divided en banc Ninth Circuit U.S. Court of Appeals held that the United States does not violate the Fourth Amendment when it requires "DNA …
Article • December 15, 2004 • from PLN December, 2004
Qualified Immunity Granted for Warrantless Parole Search by The Second Circuit Court of Appeals held that parole officers' warrantless entry into a homeowner's residence was per se unreasonable and violated the homeowner's Fourth Amendment right to be free from unreasonable searches. The court further held, however, that the officers were …
Article • December 15, 2004 • from PLN December, 2004
Arrestee Cannot Be Charged With Bringing Drugs Into Jail by The Ohio Second District Court of Appeals has held that an arrestee cannot be charged with knowingly conveying drugs onto the grounds of a detention facility. Stephen Sowry was arrested on charges of disorderly conduct and resisting arrest. A pat-down …
$15 Million Class Settlement In Sacramento Jail Strip-Search Suits by The Sacramento California Sheriff's Department agreed to a record $15 million settlement on June 4, 2004 to resolve federal and state lawsuits for damages and injunctive relief regarding illegal strip-search practices at the Sacramento County Jail. The suits stemmed from …
Article • November 15, 2004 • from PLN November, 2004
Last Chance For Washington Prisoners To Request Postconviction DNA Testing is December 31, 2004 by Washington state prisoners who believe DNA evidence may prove their innocence must file a request for postconviction DNA testing by December 31, 2004. Starting January 1, 2005, a defendant must raise DNA issues at trial …
Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation by Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation The Third Circuit Court of Appeals held that prison officials' testimony in the prosecution of a prisoner was inadmissible hearsay and that it …
Article • August 15, 2004 • from PLN August, 2004
Federal DNA Statute Not Challengeable in Criminal Appeal by Federal DNA Statute Not Challengeable In Criminal Appeal The U.S. Court of Appeals for the Fifth Circuit has held that 42 U.S.C. § 14135 et seq. (the Act) may not be challenged on a direct criminal appeal or habeas proceeding. The …
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