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Fifth Amendment Not Violated By New Hampshire Sex Offender Program
Article • May 15, 2007
Filed under: Disciplinary Hearings, Self Incrimination, Sex Offender Treatment
Fifth Amendment Not Violated By New Hampshire Sex Offender Program by The First Circuit Court of Appeals concluded that the New Hampshire DOC's Sex Offender Program (SOP) does not violate the Fifth Amendment right against self-incrimination. Wayne Ainsworth, along with a group of convicted sex offenders, became willing participants in …
Federal Filed Rate Doctrine Preempts State Action Challenging Prisoner Phone Rates
Article • May 15, 2007
Filed under: Telephones, Telephone Rates, Contractor Liability
Federal Filed Rate Doctrine Preempts State Action Challenging Prisoner Phone Rates by The New Hampshire Supreme Court has held that the federal filed rate doctrine preempts, state causes of action for violation of the anti- monopoly statute and the Consumer Protection Act (CPA). This action was brought by friends and …
No SJ for Police Who Injured State Prisoner
Article • May 15, 2007
Filed under: Guard Brutality/Beatings, Summary Judgment, Immunity/Liability, Qualified Immunity, Excessive Force (Police)
No SJ for Police Who Injured State Prisoner by The U.S. Court of Appeals for the First Circuit held that summary judgment in favor of police officers who were being sued by a state prisoner was precluded by issues of fact. Local and state police responded to a call for …
Prisoner's Suit Over Second-Hand Smoke States Claims
Article • May 15, 2007
Filed under: Conditions of Confinement, Smoking
Prisoner's Suit Over Second-Hand Smoke States Claims by The U.S. District Court. D. New Hampshire, held that a prisoner's involuntary exposure to second-hand cigarette smoke constituted punishment for Eighth Amendment purposes and that he stated claims as to denial of a liberty interest without due process and cruel and unusual …
Reduced Likelihood of Parole Does Not constitute a Penalty
Article • May 15, 2007
Filed under: Sex Offenders (Discrimination), Self Incrimination, Sentencing, Parole, Sex Offender Treatment
Reduced Likelihood of Parole Does Not constitute a Penalty by The First Circuit Court of Appeals determined that refusal to participate in sex treatment program merits reduced likelihood of parole and did not constitute as a penalty. Wayne Ainsworth a convicted New Hampshire prisoner, sex offender who had been admitted …
Unreasonable Search Claim Survives Summary Judgment
Article • May 15, 2007
Filed under: Transport Companies, Searches, Strip Searches, Transportation
Unreasonable Search Claim Survives Summary Judgment by Former New Hampshire state prisoner Shelia Elliott filed a Federal civil rights complaint alleging that a strip search conducted by a private transport company (Transcor) employee under contract with New Hampshire was unreasonable and violated her right to privacy under the First and …
Police Misconduct Reports Must be Disclosed in Discovery
Article • May 15, 2007
Filed under: Misconduct/Corruption, Police Misconduct, Disclosure of Records, Excessive Force (Police)
Police Misconduct Reports Must be Disclosed in Discovery by The plaintiff complained of excessive force by the police and sought information about internal investigations. State law exempting internal investigative and other files from disclosure does not govern privilege issues in federal claim cases. The court directs production of the date …
Hunger Striking NH Prisoner Can Be Force Fed
Article • May 15, 2007
Filed under: Hunger Strikes, Medical, Forcible Treatment
Hunger Striking NH Prisoner Can Be Force Fed by The New Hampshire Supreme Court held a prisoner may be forced to receive medical treatment to prevent him from starving to death. The prisoner was simply tired of what life held for him and wanted to live freely or allow himself …
No Right to Wrongful Release Time Credit
Article • May 15, 2007
Filed under: Sentencing, Good Time, Wrongful Release
No Right to Wrongful Release Time Credit by A state prisoner who was erroneously released and, when returned to prison, was not credited with the time spent out of prison, was not denied substantive due process. See: Sanchez v. Warden, New Hampshire State Prison, 329 F.Supp.2d 200 (D.N.H. 2004).
Retaliatory Transfer Illegal
Article • May 15, 2007
Filed under: Transfers, Political Prisoners, Retaliation for Litigating, Retaliatory Transfers, Court Access, Prisoner Legal Assistance
Retaliatory Transfer Illegal by A federal district court in New Hampshire held that New Hampshire prisoners have no state created liberty interest in avoiding transfers to federal custody. However, such transfers violate the First amendment if done in retaliation for the prisoner's exercise of the right to court access. The …
Sleeping on Floor Violates Due Process Rights of Detainee
Article • May 15, 2007
Filed under: Conditions of Confinement, Bedding
Sleeping on Floor Violates Due Process Rights of Detainee by The court of appeals for the First circuit held that a federal pre trial detainee in New Hampshire had stated a claim for violation of his due process not to be punished until he is convicted of a crime when …
Criminal Restitution Order Non-Dischargeable Through Bankruptcy
Article • May 15, 2007
Filed under: Money/Property, Restitution, Bankruptcy
Criminal Restitution Order Non-Dischargeable Through Bankruptcy by The First Circuit Court of Appeals has held that a criminal restitution order is not dischargeable under bankruptcy. The appellant in this case was convicted of embezzlement and ordered by an Illinois court to pay $104,000 restitution in lieu of a prison sentence. …
Release-Dismissal Agreements Bars Further Law Suits
Article • May 15, 2007
Filed under: Civil Procedure, Settlements
Release-Dismissal Agreements Bars Further Law Suits by The U.S. Supreme Court held that a voluntary release-dismissal voids future lawsuits. In 1993, David Champy was indicted by a Rockingham County, New Hampshire grand jury for aggravated felonious sexual assault. A friend of Champy, Bernard Rumery, read about the charges in a …
State Court Ruling on Good Time Calculating Creates Liberty Interest
Article • May 15, 2007
Filed under: Liberty Interests, Sentencing, Good Time, Wrongful Imprisonment
State Court Ruling on Good Time Calculating Creates Liberty Interest by The defendants failed to credit the plaintiff properly for good time, even though they had obtained a decision in prior litigation with him stating the correct way of calculating it. As a result he spent six extra months in …
Kuperman v. NH DOC, NH, Order Adopting Magistrate Rec., 2007
Brief • May 11, 2007
Filed under: RLUIPA, Religious Diet
Kuperman v. NH DOC, NH, Order Adopting Magistrate Rec., 2007 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Albert Kuperman v. 06-cv-420-JD Warden, NH State Prison ORDER I herewith approve the Report and Recommendation of Magistrate Judge Muirhead dated April 18, 2007, no objection having been filed, for …
Kuperman v. NH DOC, NH, Report and Rec., Kosher Food Case, 2007 - Nh - Kosher Food Case - Rr 2007
Brief • April 18, 2007
Filed under: RLUIPA, Religious Diet
Kuperman v. NH DOC, NH, Report and Rec., Kosher Food Case, 2007 - Nh - Kosher Food Case - Rr 2007 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Albert Kuperman v. Civil No. 06-cv-420-JD New Hampshire Department of Corrections, et al. REPORT AND RECOMMENDATION Plaintiff Albert Kuperman …
Two Registered Sex Offenders Murdered in Maine
Article • April 15, 2007 • from PLN April, 2007
Filed under: Discrimination, Sex Offender Registration, Sex Offenders (Discrimination), Prison/Jail Murders, State Legislation
Two Registered Sex Offenders Murdered in Maine by Matthew Clarke by Matthew T. Clarke A violent criminal predator used Maine's sex offender registry web site to identify two sex offenders so he could murder them. Stephen A. Marshall, 20, of Cape Breton, Nova Scotia, Canada, used his laptop to methodically …
The Warehousing of New Hampshire’s Mentally Ill
Article • February 15, 2007 • from PLN February, 2007
Filed under: Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness)
The Warehousing of New Hampshire’s Mentally Ill by David Reutter The Warehousing of New Hampshire's Mentally Ill by David M. Reutter Despite over 30 years of litigation, mentally ill prisoners at the New Hampshire State Prison (NHSP) are still not receiving care to treat their conditions. In fact, with NHSP …
New Hampshire Prisoner’s ADA Claim Survives Summary Judgment
Article • February 15, 2007 • from PLN February, 2007
Filed under: Disabled Prisoners, Muscular, Excessive Force, Restraints, Americans with Disabilities Act
New Hampshire Prisoner’s ADA Claim Survives Summary Judgment by New Hampshire Prisoner's ADA Claim Survives Summary Judgment The First Circuit Court of Appeals has reversed a New Hampshire federal district court's summary judgment order concluding that a prisoner failed to demonstrate that prison officials violated his rights under Title II …
Kuperman v. NH DOC, NH, Complaint, Kosher Food Case, 2006
Brief • November 9, 2006
Filed under: RLUIPA, Religious Diet
Kuperman v. NH DOC, NH, Complaint, Kosher Food Case, 2006 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE ALBERT KUPERMAN, Plaintiff V. STATE OF NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS, BRUCE CATTELL, INDIVIDUALLY, AND IN HIS CAPACITY OF WARDEN, GREG COMPTON, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, KIMBERLY LACASSE, …
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