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Article • August 22, 2017
Fourth Circuit Reverses Verdict for Police Officers in Excessive Force Case by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Fourth Circuit has reversed a jury verdict in favor of two police officers who allegedly battered and unlawfully arrested a woman for filming their arrest …
Article • August 22, 2017
Pennsylvania Supreme Court Allows Indigent Criminal Defendants to Sue Over Inadequate Public Defender's Office by Christopher Zoukis by Christopher Zoukis The Pennsylvania Supreme Court has taken the bold step of finding a new cause of action that would allow indigent criminal defendants to prospectively sue a county for failing to …
Article • August 22, 2017
Filed under: Hepatitis, Failure to Treat
$5,000 Settlement to California Prisoner Denied Hepatitis C Treatment by Lonnie Burton by Lonnie Burton On May 5, 2015, the state of California and plaintiff/prisoner William T. Coats agreed to settle Coats' medical negligence lawsuit for $5,000. Coats had sued several medical personnel at the Deuel Vocational Institute - Tracy …
Oregon Victim Must Allow In Camera Inspection of Computer by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that an alleged rape victim was required to turn over her computer for in camera inspection of her internet searches. That is, a criminal defendant's right to access "important …
Article • August 22, 2017
Filed under: Parole Conditions
Oregon Probation Improperly Revoked for "Action Plan" Violations by Mark Wilson by Mark Wilson The Oregon Court of Appeals vacated a probation revocation judgment, finding that the court improperly revoked for the violation of a special condition that was not imposed by the court. Valora Rivera-Waddle pleaded guilty to assaulting …
Article • August 22, 2017
Oregon ACLU & Transgender Prisoner Sue for Hormone Therapy by Mark Wilson by Mark Wilson "What's happening at the Oregon Department of Corrections is unconstitutional and its inhumane treatment of people and it has to stop," said Mat dos Santos, legal director for the Oregon chapter of the American Civil …
Article • August 22, 2017
Filed under: Police, Public Records Act
Notre Dame Police Department Not a 'Public Agency' and Indiana Supreme Court Dismisses ESPN Lawsuit Under Public Records Act by Lonnie Burton by Lonnie Burton On November 10, 2016, the Indiana Supreme Court reversed a Court of Appeals opinion and reinstated a trial court order dismissing an action brought by …
Article • August 22, 2017
Filed under: Sex Offender Treatment
North Dakota Sex Offender Commitment Reversed Due to Insufficient Trial Court Findings by Lonnie Burton by Lonnie Burton On February 18, 2016, the North Dakota Supreme Court vacated the ruling of Ward County District Judge Gary H. Lee denying a petition for discharge from civil commitment as a sexually violent …
Article • August 22, 2017
No Violation of Law for Sex Offender Volunteering for Church Youth Group; New Jersey Indictment Dismissed by Lonnie Burton by Lonnie Burton On March 22, 2016, a New Jersey appellate court affirmed the dismissal of an indictment that charged a sex offender with violating a statute which forbids such offenders …
Article • August 22, 2017
No Right to Private Attorney Call for Iowa DUI Arrestee Prior to Consent to Breathalyzer Test by Lonnie Burton by Lonnie Burton On June 24, 2016, the Supreme Court of Iowa rejected the appeal of man who claimed his Sixth Amendment right to counsel was violated when he was denied …
Article • August 22, 2017
Ninth Circuit Upholds Convictions of Seven L.A. Sheriff's Deputies for Obstructing FBI Agents, Grand Jury by In a decision filed August 4, 2016, the Ninth Circuit U.S. Court of Appeals affirmed the convictions of seven Los Angeles County sheriff's deputies who obstructed an FBI and grand jury investigation into civil …
Article • August 22, 2017
Ninth Circuit Reinstates Arizona Prison Guards' Sexual Harassment Lawsuit against Private Prison Operator by Lonnie Burton by Lonnie Burton On March 14, 2016, the Ninth Circuit U.S. Court of appeals vacated a district court ruling which dismissed a class action sexual harassment complaint brought by female Arizona prison guards. The …
Article • August 22, 2017
New York Federal Court Allows Attorney's Fees for Time Spent Preparing Application for Attorney's Fees by Lonnie Burton by Lonnie Burton In a Memorandum & Order dated December 21, 2016, United States District Court Judge Nicholas G. Garaufis, adopted in full a magistrate's Report & Recommendation (R&R) granting just over …
Article • August 22, 2017
Filed under: Visiting, Fathers in Prison
New York Court Rules Mother Not Required to Bring Child to Prison to Visit Incarcerated Father by Lonnie Burton by Lonnie Burton On October 20, 2016, a New York state appeals court upheld a ruling by a judge of the Family Court of Warren County denying a petition by an …
Article • August 22, 2017
Filed under: Sex Offender Treatment
New York Appellate Court Orders Sex Offender Released from Civil Confinement, Holds Man was Unlawfully Committed by Lonnie Burton by Lonnie Burton On December 17, 2014, the New York Court of Appeals reversed a Supreme Court order which revoked the out-patient treatment of a sex offender and directed that he …
New York Appeals Court Finds Prisoner Improperly Denied Witnesses at Disciplinary Hearing, Yet Denies Relief by Lonnie Burton by Lonnie Burton On September 30, 2016, a New York appellate court upheld the dismissal of a state prisoner's claim that he was unlawfully confined following a guilty finding at a prison …
Article • August 22, 2017
Filed under: Gang Policies
New Hampshire Supreme Court Okays Use of Gang Affiliation Evidence in Upholding Prisoner's Murder Conviction by Lonnie Burton by Lonnie Burton On November 17, 2016, the Supreme Court of New Hampshire affirmed the murder conviction of a prisoner who killed a fellow prisoner. In doing so, the court held that …
Article • August 22, 2017
Nevada Federal Court Dismisses Suit over Attorney-Client Phone Call Monitoring by Lonnie Burton by Lonnie Burton Attorney Donald York Evans and his client John Witherow, a Nevada state prisoner, filed a federal civil rights lawsuit challenging the monitoring of privileged phone calls between them. After lengthy proceedings the suit was …
Article • August 22, 2017
Montana Supreme Court Upholds Termination of Incarcerated Father's Parental Rights, But Vacates Incarceration As a Basis for Doing So by Lonnie Burton by Lonnie Burton On March 22, 2016, the Supreme Court of Montana approved a district court order terminating the parental rights of a father serving a ten year …
Brief • August 22, 2017
McHenry v. State of Michigan, MI, Judgment, Wrongful Imprisonment, 2017 STATE OF MICHIGAN COURT OF CLAIMS 2f117 fiUG 22 PH 2: IS MARWIN McHENRY, Plaintiff, No. 17-144-MZ v HON. MICHAEL J. TALBOT STATE OF MICHIGAN, Defendant. Wolfgang Mueller (P43728) Mueller Law Firm Attorneys for Plaintiff 3440n W. Twelve Mile Rd., …
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