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Article • November 15, 2013
This Draconian System of Punishment and Abuse: An Interview with Former Political Prisoner Ray Luc Levasseur by Aviva Stahl By Aviva Stahl The following is a partial transcript of an interview with Ray Luc Levasseur, a former political prisoner who spent over fifteen years in solitary confinement, primarily at USP …
Third Circuit Reverses More Stringent Conditions of Supervised Release by Derek Gilna In 2004, Charles F. Murray was sentenced to 95 months in federal prison after pleading guilty to possession of child pornography and traveling interstate to engage in illicit sexual conduct with a minor. As part of his sentence …
Ninth Circuit: Adam Walsh Detention Doesn’t Toll Term of Supervised Release by Derek Gilna In a case of first impression, the Ninth Circuit Court of Appeals held that the period of time spent in civil confinement under the Adam Walsh Act does not constitute “imprisonment,” and that a defendant’s period …
Article • November 15, 2013 • from PLN November, 2013
ICE Directive May Limit Solitary Confinement of Immigrant Detainees by Derek Gilna Many human rights activists have noted that Immigration and Customs Enforcement (ICE), which is protected by draconian post-9/11 legislation and U.S. Department of Homeland Security (DHS) rule-making power, has been prone to abusive detention practices – especially in …
Publication • November 7, 2013
Testimony of Shay re Sexual Victimization of Gay Prisoners to Review Panel on Prison Rape 2013 Testimony Submitted to the Review Panel on Prison Rape Sexual Victimization of Jail Inmates with Non-Heterosexual Orientations Giovanna Shay, Professor of Law Western New England University School of Law gshay@law.wne.edu November 7, 2013 I …
Analysis of Sex Offender Requirements and Civil Committment in U.S. and U.K. Kate Hynes Penn St. J. of Law & Int. Affairs 2013 Penn State Journal of Law & International Affairs Volume 2 | Issue 2 November 2013 The Cost of Fear: An Analysis of Sex Offender Registration, Community Notification, …
Brief • October 25, 2013
Fish v. Acton, MT, Settlement, Denial of Equal Prison Programs for Women, 2013
Muthana v. Sumeral, MI, Complaint, Excessive Force Hand Injury, 2013 2:13-cv-14471-MOB-MKM Doc # 1 Filed 10/24/13 Pg 1 of 7 Pg ID 1 MIEO (Rev. 2/07) Prisoner Civil Rights Complllint Official Use Only Case Number Judf Case:2: 13-cv-14471 Judge: Battani, Marianne 0. MJ : Majzoub, Mona K. Filed: 10-24-2013 At …
Article • October 15, 2013 • from PLN October, 2013
Sex Offenders Who Fail to Register May Receive Life Sentence Under California’s “Three Strikes” Law by The California Supreme Court has held that, depending on the specifics of the underlying offense, failure to register as a sex offender may subject a defendant with two qualifying prior serious and/or violent convictions …
Article • October 15, 2013 • from PLN October, 2013
Special Sex Offender Release Conditions Vacated by Tenth Circuit by Derek Gilna When Ronald D. Dougan pleaded guilty in January 2011 to robbing an Oklahoma City, Oklahoma post office of $220, he likely did not anticipate the unforeseen consequences that would result due to his previous 1978 conviction for sexual …
Illinois DOC’s Failure to Accommodate Disabled Prisoners States Rehabilitation Act Claim by In separate decisions, the Seventh Circuit Court of Appeals reversed the dismissal of two lawsuits filed by disabled state prisoners, finding that the Illinois Department of Corrections (IDOC) may have violated their rights under the Rehabilitation Act (RA), …
Article • September 15, 2013 • from PLN September, 2013
Washington Community Custody, Sex Offender Registration and Release Conditions Modified by On September 13, 2012, the Washington Court of Appeals, Division Three, instructed a lower court to clarify a sex offender’s length of community custody, correct his registration requirement, revise prohibitions regarding dating relationships and strike conditions related to Internet …
Davis et al v. Abercrombie et al, HI, Order Granting SJ Motion, CCA religious discrimination denial retaliation, 2013 Case 1:11-cv-00144-LEK-BMK Document 390 Filed 09/13/13 Page 1 of 51 8668 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII RICHARD KAPELA DAVIS, MICHAEL HUGHES, DAMIEN KAAHU, ROBERT …
Brief • August 16, 2013
Rojsza v. City of Ferndale, WA, Complaint, false arrest 14th Am ethnic bias unlawful detention, 2012
Colorado DOC Investigates Multiple Murders of Prisoners at Sterling by Matthew Clarke by Matt Clarke The Colorado Department of Corrections (DOC) is investigating the killing of four prisoners at the Sterling Correctional Facility within the past two years. This high rate of prisoner murders compares with only three killings of …
Sixth Circuit Vacates Section 1915(e)(2) Dismissal of Discrimination Claim by The Sixth Circuit Court of Appeals vacated a lower court’s sua sponte dismissal of a Kentucky prisoner’s race discrimination claim as frivolous under 28 U.S.C. § 1915(e)(2). Kentucky prisoner DeWayne Brand, an African-American, shared a cell with white prisoner Troy …
Article • August 15, 2013
National Sex Offender Registry Delayed by Costs and Questions by Costs and a juvenile reporting requirement have a few states balking at implementing the Adam Walsh Act, which mandates the creation of a national sex offender registry. Only two states have met the requirements of the Walsh Act despite two …
Article • August 15, 2013
Ninth Circuit Enjoins Arizona’s Race-Based Traffic Stops by In September, 2012, the Ninth Circuit affirmed a district court’s December 2011 order granting preliminary injunctive relief to a class of “Latino persons” who contended that Maricopa County (Arizona) Sheriff’s Department officials were conducting racially discriminatory traffic stops under the pretext of …
Article • August 15, 2013
Filed under: Gay/Lesbian, Transgender
D.C. Guards Fired for Failing to Recognize Female Prisoner in Male Unit by The District of Columbia Jail has fired three guards that failed to realize a woman was being held in the male detention center, even after she had been strip searched and forced to shower with male prisoners. …
Article • August 15, 2013 • from PLN August, 2013
Fourth Circuit: Sex Offender Registration Not "Custody" for Section 2254 Jurisdiction by Fourth Circuit: Sex Offender Registration Not "Custody" for Section 2254 Jurisdiction On August 15, 2012, the Fourth Circuit held that sex offender registration requirements do not amount to being "in custody" for purposes of invoking federal habeas corpus …
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