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Article • August 25, 2016
Sacramento County California Prisoners Agree to Consent Decree by In a class action lawsuit prisoners entered into an agreement with county officials concerning conditions in the Sacramento County Main Jail (jail) and the Rio Cosumnes Correction Center (center) stipulating in all issues and constitutional claims against defendant officials before the …
Article • August 25, 2016
$2,200 Award for South Carolina’s Prisoner against Assailant Prisoner by A jury in South Carolina has awarded $2,200 to a prisoner after finding the South Carolina Department of Corrections (SCDOC) guilty of gross negligence. Prisoner Andrew Baldree, 36, was confined on December 28, 2011, at the Lieber Correctional Institution. He …
Article • August 25, 2016
Eighth Circuit Reverses Excessive Force Summary Judgment by Mark Wilson The Eighth Circuit Court of Appeals held that factual disputes about what happened outside a camera's view during an arrest precluded summary judgment for police on an excessive force claim. At 2:30 a.m., on February 12, 2009, Arkansas State Police …
Article • August 25, 2016
California "Reason to Know" Probation Condition Not Unconstitutionally Vague by Mark Wilson The California Court of Appeals held that a probation condition prohibiting association with persons “you know, or reasonably should know” are drug users is not unconstitutionally vague. In 2012, Jaime Mata Mendez was convicted of California drug charges …
Article • August 25, 2016
NY Prisoner’s Sanction for Not Providing Urine Sample for Drug Screening Affirmed by Camilo Infante, a New York state prisoner, failed to provide a urine sample within three hours of a guard’s order to do so for purposes of drug screening. He claimed at his disciplinary hearing that a groin …
Article • August 25, 2016
North Dakota Supreme Court Clarifies Child Support Lien Issues re State Prisoner by The Supreme Court for the State of North Dakota affirmed the judgment of the Ward County District Court, Northwest Judicial District of North Dakota, affirming an administrative enforcement action placing a lien, ordered September 28, 2011, on …
North Carolina Prisoner Who Sustained Injuries in Suspicious Circumstances Dies by A North Carolina state prisoner who was found in his segregation cell with a smashed skull in August 2008 has died. The cause of his injuries, officially, remains unknown. Alexander Correctional Institution prisoner Timothy Helms, 49, died in the …
Article • August 25, 2016
Filed under: Good Time
Ninth Circuit Approves Prorated Good Time Under §3624(b)(1) by The Ninth Circuit Court of Appeals upheld the Bureau of Prisons’ (BOP’s) interpretation of the maximum good time credits a federal prisoner may receive under 18 USC § 3624(b). Under § 3624(b)(1)(1995), a federal prisoner receives 54 days of good time …
Article • August 25, 2016
Filed under: Strip Searches
Mass Pennsylvania Prisoner Strip Search Nets Each Prisoner $1,000 by Pennsylvania prison officials have agreed to pay twenty prisoners $1,000 each to settle a claim that they were illegally strip-searched. The complaint in the action concerned an incident that occurred on September 14, 2000, at State Correctional Institution at Albion. …
Article • August 25, 2016
Maryland Prisoner Gets Sentence Reduction Credits for “Special Project” Work by Bradford Holup, a Maryland state prisoner, received special training to do blood-spill cleanup work and did that kind of work for over two years in Maryland prisons. Blood-spill cleanup work qualifies as “special project” work for which prisoners are …
Article • August 25, 2016
Marshal Liable for Social Worker's Cavity Search by A Puerto Rican federal court granted a social worker summary judgment for a strip and cavity search after a civil contempt arrest. Carmen Figueroa-Flores, 61, is a social worker who has no criminal record and had never been arrested. She has had …
Article • August 25, 2016
Los Angeles County Sanctioned for Withholding Use-of-Force Documents by In July 2012, United States Magistrate Judge Stephen Hillman ordered Los Angeles County to pay $7,000 in sanctions for opposing a motion to compel production of documents, without substantial justification in a federal case alleging unconstitutional use of force by county …
Los Angeles County Agrees to Settle Estate’s Lawsuit for $395,000 by In May 2009, the Los Angeles county Claims Board recommended that the County pay $395,000 to settle a lawsuit arising from the death of an HIV-positive man who complained of respiratory problems while in the custody of the Sheriff’s …
Article • August 25, 2016
Filed under: Sentencing
Washington: Consecutive Sentences Affirmed by In an unpublished opinion from a Washington State appellate court, state prisoner Jordan Knippling was denied relief on his claim that he was given an exceptional sentence without notice. The complaint was filed following Knippling’s being sentenced to 43 months for a custodial assault he …
Article • August 25, 2016
Filed under: Judicial Misconduct
Arizona Judges and Officials Face Felony Charges by On December 10, 2009, Arizona Superior Court Judge Honorable Barbara Mundell filed a Petition for Special Action to Quash a Search Warrant or Stay its Execution. The petition was filed in response to the issuance of a search warrant authorizing the Maricopa …
Illinois District Court strip-search case survives summary judgment attack by Derek Gilna Plaintiff Angelina Cianfaglione's Fourth Amendment claim alleging an illegal seizure and arrest, excessive force, and an illegal strip and body cavity search that occurred incident to a traffic stop in Edgar County, Illinois has survived a summary judgment …
Article • August 25, 2016
Guard’s Internet Boasts Expose Jail’s “Culture of Violence” by “Seeing someone get TASER’d is second only to being the guy pulling the trigger. That is money. Puts a smile on your face—My job is sweet sometimes,” wrote Multnomah County Jail Deputy David B. Thompson on an Internet gaming site called …
Article • August 25, 2016
Former Prison Warden Pleads Guilty in Misconduct Case by A former warden at a prison in American Samoa pled guilty to conspiring to violate the civil rights of a prisoner. Mike Kelemete, as the warden of Tafuna Correctional Facility, was accused of beating one of his prisoners with a board …
Former Michigan AG Found Guilty of Stalking Gay Man by In August 2012, a federal jury in Detroit found Andrew Shirvell, a homophobic former Michigan assistant attorney general, guilty of stalking, defamation, intentional infliction of emotional distress, and invasion of privacy, in a civil suit brought by Chris Armstrong, the …
Article • August 25, 2016
Florida Supreme Court Upholds Speedy Death Penalty Law by On June 12, 2014, the Supreme Court of Florida held for the state in a constitutional challenge of the state's Timely Justice Act (the Act) of 2013, weighed by death row prisoners. Seeking to expand Allen v. Butterworth, 756 So. 2d …
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