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Article • August 31, 2017
Filed under: Parole
Constitutional Claim Required to Trigger Judicial Review Under Arkansas Administrative Procedure Act by Dale Chappell by Dale Chappell A petitioner must state a colorable constitutional claim to trigger entitlement to judicial review under the Arkansas Administrative Procedure Act (APA), the Arkansas Supreme Court held on August 3, 2017. Jeremy Kennedy …
Millard v. Rankin, CO, Judgment, Sex Offendor Registration, 2017 Case 1:13-cv-02406-RPM Document 106 Filed 08/31/17 USDC Colorado Page 1 of 42 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Richard P. Matsch, Senior District Judge Civil Action No. 13-cv-02406-RPM DAVID MILLARD, EUGENE KNIGHT, ARTURO VEGA, Plaintiffs, v. …
Brief • August 31, 2017
DiFrancesco v. Bullock, MT, Complaint, Driver's Licenses Suspensions, 2017 Case 2:17-cv-00066-SEH Document 1 Filed 08/31/17 Page 1 of 36 Phil Telfcyan (pro hac vice pending) Catherine Sevcenko (pro hac vice pending) Rebecca Ramaswamy (pro hac vice pending) Attorneys, Equal Justice Under Law 400 7th Street NW, Suite 602 Washington, D.C. …
Opening the Door by Jean Casella and Aviva Stahl by Jean Casella and Aviva Stahl, Solitary Watch What will it take to end long-term solitary confinement in America’s prisons? Colorado could be the first to find out. For 13 of his 22 years in prison, Cero Smith spent 23 hours …
Article • August 30, 2017 • from PLN September, 2017
American University Removes Statue of Imprisoned Native American Activist by Derek Gilna by Derek Gilna American University, a private college in Washington, D.C., bowed to pressure from a federal law enforcement group and removed a statue of Native American activist and prisoner Leonard Peltier, who was convicted of the 1975 …
Mississippi Closes Troubled Former Youth Prison by Citing budgetary cuts, the Mississippi Department of Corrections (MDOC) finally closed the troubled, privately-operated Walnut Grove Correctional Facility (WGCF) on September 15, 2016. As previously reported in PLN, Walnut Grove had been under a federal consent decree since 2012 over allegations of guards …
Article • August 30, 2017 • from PLN September, 2017
Denver Man, Accused of Rape Due to Mishandled DNA, Has Lawsuit Dismissed by Derek Gilna by Derek Gilna Shawnnon Hale, 24, wrongful accused of felony rape and jailed for 61 days, was released from custody in Denver, Colorado in early 2015 when the police crime lab acknowledged it had mislabeled …
Article • August 30, 2017 • from PLN September, 2017
Prisoner Rights Event Prompts Florida Prison System Lockdown by Derek Gilna by Derek Gilna The "Millions for Prisoners Human Rights March," held in Washington, D.C. on August 19, 2017, apparently prompted a statewide lockdown by the Florida Department of Corrections (FDOC) to prevent any displays of solidarity with the free-world …
Article • August 30, 2017 • from PLN September, 2017
California Prison Officials Shift Responsibility for Work Injuries to Prisoners by Derek Gilna by Derek Gilna California state prisons are known to be dangerous and violent places, but prisoners employed in industry programs at those facilities are also at serious risk of work-related injuries, as indicated by records maintained by …
Article • August 30, 2017 • from PLN September, 2017
Filed under: Parole, Parole Conditions
Oregon Parole Board Must Define Applicable Statutory Terms by The Oregon Court of Appeals has held that a prisoner was improperly denied an early parole consideration hearing when the Board of Parole and Post-Prison Supervision (Board) failed to define “reasonable cause” before applying that statutory term. In 1986, George W. …
Article • August 30, 2017 • from PLN September, 2017
Filed under: Prisoner Property
Oregon Prisoner’s Conversion Claim Against Guard Reinstated by The Oregon Court of Appeals reversed a lower court’s dismissal of a prisoner’s handwritten, pro se filing for failure to state a claim. Oregon prisoner Michael Spillino filed a handwritten petition in circuit court, claiming that Oregon Department of Corrections (ODOC) lieutenant …
Article • August 30, 2017 • from PLN September, 2017
Filed under: Arrest and Booking
Florida, South Carolina, New Jersey Latest States to Pass Mugshot Extortion Laws by On June 16, 2017, Florida Governor Rick Scott signed legislation to regulate the online mugshot industry, preventing websites that publish booking photos from charging a fee to remove them. South Carolina passed a similar law, known as …
Article • August 30, 2017 • from PLN September, 2017
Third Circuit Vacates Summary Judgment on SHU Strip Search Claims by The Court of Appeals for the Third Circuit reversed a summary judgment order in favor of prison officials who subjected prisoners in segregation to visual body-cavity searches three times a day. While confined in a Secured Housing Unit (SHU) …
Article • August 30, 2017 • from PLN September, 2017
Filed under: Due Process
Prison Mailbox Rule Applies to Alabama Sentence Reconsideration Motions by The Alabama Supreme Court held last year that the prison mailbox rule applies to a motion for sentence reconsideration under former state law. Alabama Code § 13A-5-9.1 authorized the filing of a motion for sentence reconsideration, but the state legislature …
Article • August 30, 2017 • from PLN September, 2017
Oregon Prosecutors and Cops Bully Parole Board into Improperly Rescinding Parole; Court Orders Release by The Oregon Court of Appeals held last year that a prisoner’s release date had been improperly rescinded due to a public outcry, contrary to state law. Oregon prisoner Sidney Dean Porter was sentenced to life …
Extensive Contraband Found During Shakedowns at Mississippi Prisons by A surprise predawn shakedown on March 3, 2017 yielded an “excessive amount of contraband” at one of Mississippi’s three privately-operated prisons, according to Mississippi Department of Corrections (MDOC) Interim Commissioner Pelicia Hall. The search at the Wilkinson County Correctional Facility was …
Milwaukee County Sheriff David Clarke’s Jail Under Fire for Deaths, Civil Rights Abuses by Christopher Zoukis by Christopher Zoukis At least four people, including a newborn, have died in Wisconsin’s Milwaukee County Jail since April 2016. The facility, run by Sheriff David A. Clarke, Jr., houses about 950 detainees daily. …
Article • August 30, 2017 • from PLN September, 2017
Filed under: Probation
HOPE and SCF Probation Programs Criticized in Study by Derek Gilna Although incarceration levels in the U.S. have receded slightly this decade – to around 2.2 million people in 2016, according to the Prison Policy Initiative – the number of offenders on some form of probation or community supervision has …
Article • August 30, 2017 • from PLN September, 2017
Utah Supreme Court Reverses Termination of Prisoner’s Parental Rights by On December 6, 2016, the Supreme Court of Utah reversed the termination of a prisoner’s parental rights because the juvenile court had interpreted a state statute as prohibiting the appointment of counsel for the prisoner. C.B.S. is a Utah prisoner …
Article • August 30, 2017 • from PLN September, 2017
Filed under: Medical, Prisoner Property
Plastic Spoon Not a “Dangerous Weapon” Under Oregon Law by The Oregon Court of Appeals has held that a prisoner was entitled to dismissal of a dangerous weapon charge because a plastic spoon with a slightly sharpened handle was not a dangerous weapon. The Court also held an “attempt” jury …
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