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Article • November 15, 2011 • from PLN November, 2011
Filed under: Mail, Mail Regulations
Boulder, Colorado Jail’s Postcard-Only Correspondence Policy Ends with Settlement by The ACLU has settled a lawsuit on behalf of detainees at Colorado’s Boulder County Jail, ending a policy that limited prisoners’ personal correspondence to postcards. The policy went into effect in March 2010 and the ACLU filed suit five months …
Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Rules Right to Court Access Violated When Lockdown Prevents Prisoner from Researching Issues Related to Direct Appeal by Michael Rigby by Mike Rigby In an amended opinion filed on November 19, 2010, the Ninth Circuit reversed a district court’s dismissal of a prisoner’s claims that 1) his constitutional …
Article • November 15, 2011 • from PLN November, 2011
Filed under: News, News in Brief
News In Brief: by California: A woman believed to have robbed as many as 20 banks in Montana, Oregon and Washington while wearing wigs, which earned her the nickname “Bad Hair Bandit,” turned out to be a former prison nurse. Cynthia Van Holland, 47, was arrested on August 15, 2011 …
Article • November 15, 2011
Feds Can Collect DNA as a Condition of Bail, Ninth Circuit Decides by Brandon Sample By Brandon Sample Amendments to the Bail Reform Act requiring a defendant to consent to the collection of DNA before being granted bail do not offend the Fourth Amendment, the U.S. Court of Appeals for …
Article • November 15, 2011
Forcible Removal of Drugs from Rectum Does Not Violate Fourth Amendment by Brandon Sample By Brandon Sample U.S. Magistrate Judge H. Bruce Guyton recommended the denial of a motion to suppress evidence recovered from a defendant’s rectum during a forced body cavity search. Felix Booker was taken to the emergency …
Article • November 15, 2011
$2 Million Verdict in Florida Public Strip Search and Illegal Detention Suit by A Florida federal jury awarded a total of $2 million to three people subject to an illegal detention and search after a midnight traffic stop and drug investigation. The July 2001 incident lasted over four hours. After …
Article • November 15, 2011
Filed under: Police, False Arrest
$2,250 Settlement in California for False Arrest on Fabricated DUI Charge by California’s County of Sacramento paid $2,250 to settle the false imprisonment claim of Shannon Rackley, who was arrested on April 3, 2003 for driving under the influence despite having a blood alcohol content below the legal limit and …
Article • November 15, 2011
$3,500 Settlement Reached in Double Suit Claiming Due Process and Human Rights Violations by A $3,500 settlement was reached in a consolidated agreement arising from two separate suits filed by Bernard E. Berton, Jr. against the District of Columbia Department of Corrections. The first case arose when Berton, a prisoner …
Article • November 15, 2011
$7.25 Million Settlement over New York DOC Guard's Suicide Attempt by The City of New York Department of Corrections (CNYDC) reached a $7.25 million settlement with a former guard who alleged she was negligently allowed to retain the department issued firearm that she used for an attempted suicide. Both parties …
Article • November 15, 2011
$15,500 Settlement in Washington Public Disclosure Act Violation by Washington State paid $15,500 to settle the Public Disclosure Act violation claim brought by The Concerned Citizens of Auburn and Federal Way. The non-profit association requested in January 2003, on two occasions, to be provided “documents pertinent to sexually violent predators,” …
$72,000 in Attorney Fees and Costs Awarded in Montana FOIA Action by On May 14, 2008, U.S. District Court Judge Donald W. Molloy awarded $72,701.99 in attorneys’ fees and costs in an action under the Freedom of Information Act (FOIA). Wildlands CPR sued the U.S. Forest Service under FOIA for …
Article • November 15, 2011
$330,000 Settlement in Oregon Excessive Force / Unlawful Entry and Search Claim by A $330,000 settlement was reached between an Oregon family and the law enforcement personnel and government entities responsible for the excessive force used against them during an unlawful entry and search of the family’s home. The Kim …
Article • November 15, 2011
Appeals Court Upholds $250,000 Damage Award in Federal Worker's Civil Rights Case, Expert Testimony Not Required to Corroborate Claim of Emotional Distress by The Third Circuit U.S. Court of Appeals has upheld the award of $250,001 to Russell Bolden, who was discharged from his position at Southeastern Pennsylvania Transportation Authority, …
Article • November 15, 2011
Arizona Court of Appeals Authorizes Attorney Fees in Bilke Minimum Wage Class-Action Suit by Matthew Clarke By Matt Clarke On January 29, 2009, the Arizona Court of Appeals held that plaintiffs’ attorney fees must be paid by the state in the Bilke case. Mitchell Paul Bilke, Charles Roberts, Kenneth Asherman, …
Article • November 15, 2011
Attorney Admonished for Improper Advertising by Brandon Sample By Brandon Sample On December 26, 2006, the Florida Bar admonished an attorney for sending improper advertisements to prisoners. David Milo Lamos, a Florida attorney, sent a direct mail advertisement to prisoners. The advertisement contained statements creating “unjustified expectations,” was not marked …
Article • November 15, 2011
Blanket Drug Ban States Deliberate Indifference Claim by U.S. District Judge William C. Lee has denied a motion to dismiss filed by Tippecanoe County in a suit that alleges deliberate indifference by Tippecanoe County Jail staff. The lawsuit, filed by Randy Wethington, alleges that jail medical staff refused to provide …
Article • November 15, 2011
Booking Photos Not Subject to Disclosure Under FOIA by The U.S. Marshals Service does not have to turn over mug shot photos in response to a Freedom of Information Act (FOIA) request, U.S. District Judge Paul C. Huck ruled December 14, 2009. Theodore Karanstalis, a freelance reporter, submitted a FOIA …
California: Prisoners May Be Transferred Out of State To Alleviate Severe Prison Overcrowding by In 2008, the California Court of Appeal upheld the Governor's authority, under the California Emergency Services Act (Government Code, § 8550 et seq.), to proclaim a state of emergency because of severe overcrowding in the state's …
Article • November 15, 2011
California Supreme Court Rules Cell Phones Can be Searched after Arrest by By Derek Gilna In the case of People v. Diaz, the California Supreme Court ruled that after police take a cell phone from a suspect during an arrest, they can search the phone's text messages without a warrant. …
Article • November 15, 2011
CDCR Cannot Avoid Paying Officers in Training by In a case of purely statutory construction, the Fourth District Court of Appeal held in June 2011 that Penal Code § 13602, subd. (a), authorizes California Department of Corrections and Rehabilitation (CDCR) employment training for correctional peace officers at its academies in …
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