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Article • July 15, 2003 • from PLN July, 2003
Over 100 Prisoners Exonerated Through DNA, Government Cuts Funding by Rex Bagley Bruce Godschalk became a free man on February 14, 2002,after fifteen years of incarceration for a crime he refused to admit to. In May, 1987 he was convicted in Philadelphia for the rape of two women and indecent …
Article • July 15, 2003 • from PLN July, 2003
Houston Crime Lab Closed, Prisoner Freed by Michael Rigby On March 6, 2003, the Houston Police Department (HPD) Chief C. O. Bradford announced that the department's DNA crime lab had been shut down and that internal affairs had launched an investigation into possible criminal and other misconduct. The announcement came …
Compensating the Wrongly Convicted, or Not by Matthew Clarke by Matthew T. Clarke Hundreds of thousands of men and women are hidden from society—social failures convicted of felonies—behind concrete walls and razor wire in isolated parts of our country. Nestled among them are society's silenced victims—the wrongfully convicted. Society is …
Pratt v. DC, DC, Order, Jail Tour Youth Strip Search, 2003 I UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA VERNELL PRATT, et al., Plaintiffs, v. Civil Action No. 01-1525 (JGP) ECF DISTRlCT OF COLUMBIA, et al., Defendants. ORDER ___Upon consideration of plaintiffs Consent Motion for Attorneys' Fees and …
Beaten Philadelphia Prisoner Gets $125,000, Two Guards and Warden Get Time by Beaten Philadelphia Prisoner Gets $125,000, Two Guards and Warden Get Time by Matthew T. Clarke On May 1, 2002, two guards and an assistant warden were convicted in federal court of charges relating to the beating of a …
Article • June 15, 2003 • from PLN June, 2003
Evidence Suppressed in California Ex-Parolee's Warrantless Search by John E Dannenberg Evidence Suppressed in California Ex-Parolee's Warrantless Search by John E. Dannenberg The California Supreme Court held that evidence seized by a police officer accompanied by the ex-parolee's parole officer during a warrantless search of the ex-parolee's motel room must …
Texas Prison Guard Charged with Raping Male Prisoner; Prisoner Files §1983 Complaint by Texas Prison Guard Charged with Raping Male Prisoner; Prisoner Files §1983 Complaint Nathan Essary, a slightly built 22-year-old prisoner, was gang-raped at the Rogelio Sanchez State Jail near El Paso, Texas. Following the rape, Essary was transferred …
Failure to Allege Imminent Threat Precludes Justification Defenses in BOP Weapons Prosecution by The Seventh Circuit Court of Appeals held that the district court did not error in excluding evidence or argument regarding affirmative defenses of necessity and duress in trials for prisoners' weapon possession. On May 18, 1999, Terry …
Article • April 15, 2003 • from PLN April, 2003
Texas Grants Prisoners Right to Forensic DNA Testing by by Matthew T. Clarke The Texas state legislature has enacted what may be the most pro-prisoner post-conviction DNA testing entitlement law in the country. Codified at Chapter 64 of the Texas Code of Criminal Procedure, the law gives any convicted person …
Article • April 15, 2003 • from PLN April, 2003
California Approves Forced DNA Extractions by California's Governor Gray Davis authorized the use of force to take DNA samples from state prisoners, when he signed Senate Bill 1242 into law on Sept. 17, 2002. Existing California Penal Code §§ 296, 296.1 and 296.2 codify the requirement and procedure for taking …
Forced DNA Sampling of California Prisoners Upheld by The California Court of Appeals upheld the California Department of Corrections (CDC) procedure of forcibly collecting blood and saliva DNA samples from prisoners convicted of specified violent crimes, including capital murder. Rejecting the privacy claims of eight women on Death Row, the …
Report Downplays Wrongful Convictions in U.S. by Hans Sherrer A report by University of Michigan staffers and law students _ Exonerations in the United States: 1989 through 2003 _ was released to the public on April 23, 2004. The report analyzed data from 328 cases during that 15 year period …
New York County Liable for Jail Strip Searches by A U.S. district court in New York granted a former prisoner's motion to amend his complaint in a suit involving strip searches and blasted Orange County attorneys for making frivolous arguments against it. Jaime Murcia was mistakenly arrested on a Federal …
New York Jail Strip Search Policy Unconstitutional by by Matthew T. Clarke A panel of the Second Circuit court of appeals has upheld a New York federal district court's ruling that the blanket strip search policy of Nassau County, New York, which allows visual body cavity searches of all incoming …
Article • March 15, 2003 • from PLN March, 2003
Home Detainee Has Fourth Amendment Rights by The Supreme Court of Virginia has held that a defendant who entered the Fairfax County Sheriff's Electronic Incarceration Program (Program) did not automatically waive his right to privacy of his home by agreeing to enter the Program. Upon entering the Program, Michael L. …
Denial of Reporter's Access to Jail Unconstitutional by An Illinois Federal District Court has granted summary judgment in favor of a reporter denied access to the Cook County Jail. Access to a legal aid program for incarcerated mothers was denied in retaliation for a previously published and unflattering article. Tori …
Boston Jail Strip Searches Unconstitutional by John E Dannenberg by John E. Dannenberg A Boston City Police Department (BPD) policy of invasive and degrading strip-searching of all female detainees, regardless of the cause of their detention, while not similarly treating male detainees, violated the unreasonable search provisions of the Fourth …
$10 Million Settlement in Boston Strip Search Suit by On July 8, 2002, both Suffolk County and the City of Boston entered into a settlement agreement to pay $10 million for violating the equal protection rights of female detainees at the Suffolk County Jail who, unlike similarly situated male detainees, …
Article • February 15, 2003 • from PLN February, 2003
$2.5 Million Settlement, No Immunity for Indiana Jail Strip Search by A federal district court in Indiana granted summary judgment to jail arrestees who were improperly administered strip searches, and denied qualified immunity to the sheriffs. This was a class action suit brought by Mindy Doan under 42 U.S.C. § …
Los Angeles County Settles Overdetention Suits for $27 Million by John E Dannenberg by John E. Dannenberg In the largest legal settlement in its history, the Los Angeles County Board of Supervisors agreed in May, 2002 to pay $27 million to compensate 400,000 former jail prisoners who had been held …
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