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$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 …
Doe v. Balaam, NV, Strip Search Suit Complaint, 2004 Case 3:04-cv-00214-RAM Document 14-2435075 Filed 07/27/2004 Page 1 of 19 Case 3:04-cv-00214-RAM Document 14-2435075 Filed 07/27/2004 Page 2 of 19 Case 3:04-cv-00214-RAM Document 14-2435075 Filed 07/27/2004 Page 3 of 19 Case 3:04-cv-00214-RAM Document 14-2435075 Filed 07/27/2004 Page 4 of 19 Case …
Texas Jury Awards BOP Prisoner $4 Million for Rape by Guard by Alex Coolman DNA evidence and a powerful will to fight helped former federal Texas prisoner Marilyn Shirley win a sexual assault conAviction and a $4 million civil decision against a guard who raped her while she was being …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality by The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the court on whether the Prison Litigation Reform Act (PLRA) requires total exhaustion and whether …
Prisoner Allowed to Amend Retaliation, Legal Mail Complaint by The U.S. Court of Appeals for the Second Circuit vacated a district court's dismissal of a prisoner's § 1983 lawsuit which complained of prison officials who interfered with his legal mail and retaliated because he filed grievances. While Robert Davis was …
Article • June 15, 2004 • from PLN June, 2004
Los Angeles County Pays $2.75 Million for Illegal Strip Searches by John E Dannenberg by John E. Dannenberg The County of Los Angeles settled for $2.75 million the complaints of illegal strip searches and body cavity searches of female demonstrators at the Democratic National Convention in August, 2000, and the …
The Problem of False Confessions in the Post-DNA World, Steven Drizin and Richard Leo, North Carolina Law Review, 2004 HeinOnline -- 82 N.C. L. Rev. 891 2003-2004 Electronic copy available at: http://ssrn.com/abstract=1134094 HeinOnline -- 82 N.C. L. Rev. 892 2003-2004 Electronic copy available at: http://ssrn.com/abstract=1134094 HeinOnline -- 82 N.C. L. …
Article • May 15, 2004 • from PLN May, 2004
Physical Injury Rule Doesn't Bar Strip Search Suit by Vacating dismissal by the U.S. District Court, Northern District of Illinois, the U.S. Seventh Circuit Court of Appeals held that a prisoner adequately pleaded an Eighth Amendment violation in a prison strip-search and that 42 U.S.C. § 1997e(e) does not bar …
Chicago's Brutal Jail Guards by by Matthew T. Clarke A series of brutal beatings of prisoners by guards at the Cook County (IL) Jail in Chicago has already resulted in more than $1.5 million being paid to prisoner victims with several unsettled lawsuits still in court. Two jail guards resigned …
Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim by John E Dannenberg Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim by John E. Dannenberg A U.S. district court in New York has held that when a state prisoner's doctor-ordered Rebetron Therapy for his Hepatitis-C (Hep-C) disease was denied …
Cornell Half Way House Employees Charged with Drug Trafficking by The Ben Reid Community Correctional Facility in northeast Houston is run by Houston-based Cornell Companies, Inc., under a $4.8 million contract with the Texas Department of Criminal Justice. In May, 2004, Roy Thomas, 50, Ben Reid's director of employee training, …
Article • September 15, 2003 • from PLN September, 2003
Justice Department Report Decries Smuggling in Federal Prisons by Justice Department Report Decries Smuggling in Federal Prisons The U. S. Justice Department has issued a report decrying the ability of smugglers to get regular shipments of drugs even into the highest security federal prisons. The report blames visitors, mail, and …
Brief • September 9, 2003
Minor v. D.C., Settlement, Youth Jail Tour, Strip Search, 2003 I RELEASE KNOW ALL MEN BY THESE PRESENTS, That 1, Michele Minor, residinq:t 14' b M4S~S~3 h.t~, S.l;.. W~4tTPn l).e,. a."O"b Q'> , with Social Security Numbe:t • and /lA, Cf!"€' t-,,;:::M I t£-r>~. " Guardian 'for the minor, Reuben …
Criminal Law Update by Reaves, Jr, Walter M by Walter Reaves The following are summaries of the some of more significant, and interesting cases decided during the last several months dealing with issues important to prisoners and those interested in post-conviction litigation. SEARCH AND SEIZURE Corroboration of Affidavit - United …
News in Brief by California: On May 2, 2003, Gary Culverson, 25, and Van Kopp, 37, were arrested on charges that they assaulted Casey Humphrey, 18, a prisoner at the Monroe Detention Center in Yolo County. Culverson and Kopp were employed as guards at the jail's intake area but the …
Article • August 15, 2003 • from PLN August, 2003
Illinois Settles Visitor Strip Search Suit for $237,000 by by Matthew T. Clarke In 2001, the Illinois Department of Corrections (DOC) has settled a lawsuit by visitors who claimed strip searches conducted during their visit to the Pontiac Correctional Center (PCC) were unconstitutional. In 1997, Marylin Tompkins and Jess Burgess …
Director Out at Scandal-Plagued Washington State Jail by Lonnie Burton Amid numerous scandals and investigations into wrongdoing and prisoner mistreatment by staff, the director of the Snohomish County jail in Everett, WA was relieved of her duties in mid-April 2003. Corrections department director Andrea Bynum was fired due to her …
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