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Article • August 5, 2016
Nebraska Juvenile Court May Enter Visitation Orders While Appeal Pending by The Nebraska Court of Appeals held a juvenile court had continuing jurisdiction to suspend a parents visitation privileges while an appeal challenging adjudication of the children was pending.  The court further found it lacked jurisdiction over the instant appeal …
Article • August 5, 2016
Milwaukee Man Receives $506,000 Award for Wrongful Stop by A Wisconsin federal jury awarded $506,000 to a man who was stopped without reason and wrongfully arrested. As Leo Hardy was leaving his mother’s home, Milwaukee police officers Michael Gasser and Keith Garland, Jr., stopped him on March 13, 2012, for …
Article • August 5, 2016
Filed under: Sentencing, Juveniles
Miller Applies Retroactively in Florida by In a unanimous decision, the Florida Supreme Court held that the ruling in Miller v. Alabama, 132 S. Ct. 2455 (2012), which “forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders,” is entitled to retroactive application. Before …
Michigan Women’s Prison Investigated for Abusing Mentally Ill by A letter from the Michigan ACLU to the Michigan Department of Corrections (MDOC) charged that mentally ill prisoners were being abused.  One instance involved the hog tying of a prisoner as punishment. The July 2015 letter concerned prisoner treatment at the …
Michigan PLRA Requires Dismissal for Failure to Make Initial disclosure Statements; Prisons not a Public Service by A Michigan Court of Appeals held the state’s Prison Litigation Reform Act (PLRA) requires dismissal of a lawsuit when a prisoner-plaintiff fails to “disclose the number of civil actions and appeals that the …
Article • August 5, 2016
Florida Woman Awarded $75,000 for Excessive Force by Deputy by A Florida federal jury awarded $75,000 to a woman in a civil rights action alleging Palm Beach County Sheriffs’ Deputy Michael Woodside falsely arrested, used excessive force and violated the First Amendment rights of plaintiff. Woodside responded to call that …
Article • August 5, 2016
Florida City Cannot be forced to Provide CCA with Water Utility Services by A Florida Circuit Court held the City of Pembroke Pines did not waive its right to deny water to a Correction Corporation of America (CCA) facility. CCA bought a plot of land in 1988 in hopes of …
Article • August 5, 2016
Federal Guard’s Conviction for Sexual Abuse of Prisoners Affirmed by The Sixth Circuit Court of Appeals affirmed a federal prison guard’s convictions on four counts of causing another to engage in sexual intercourse by use of force; one count for engaging in sexual acts with a person in detention; one …
Article • August 5, 2016
Federal and State Officers Face Liability for Framing Drug Defendants by The Sixth Circuit Court of appeals reversed an Ohio federal district court’s order that disposed of claims related to federal and state law enforcement officers framing two men on drug charges in Operation Turnaround. Before the court was the …
Article • August 5, 2016
Failure to Provide Hearing Aid Batteries is Deliberate Indifference to Serious Medical Need by The Eleventh Circuit Court of Appeals held a prisoner who suffers from substantial hearing loss that may be remediated by a hearing aid may state claim for deliberate indifference to a serious medical need if prison …
Violence in Mississippi Prisons Exacerbated by Guards’ Assistance by David Reutter A contributor, perhaps the most serious one, to violence in Mississippi prisons is the accessory before the fact by guards. Prisoners being able to access cells and cellblocks not their own due to locks being easily overcoming via design …
Two Illinois Jail Guards Indicted in 2011 'Take Down,' Death of Homeless Man by Joe Watson Two former Illinois jail guards who were employed by the Lake County Sheriff's Office north of Chicago were indicted October 29, 2014, on felony charges related to the death of a homeless man booked …
Article • August 5, 2016
Prison Guard Guilty of Stealing Mail by On September  23, 2014, a guard at a Virginia state prison entered a guilty plea to one count of mail theft for stealing mail intended for prisoners. Ezra Lamont Price was employed as a guard at the Danville Adult Detention Center when mail …
Article • August 5, 2016
Porn and Referral Fee Scandals Force Pennsylvania Supreme Court Justice’s Retirement by David Reutter In the midst of a pornographic email scandal, Pennsylvania Supreme Court Justice Seamus P. McCaffery retired. That move came just a week after his colleagues issued an order suspending him from all judicial work and instructing …
Locked-Up Sex Offenders Run for Office in Small-Town Minnesota by Joe Watson Frustrated by legislative inaction, a group of civilly-committed sex offenders in Moose Lake, Minnesota, ran a voter-registration drive in the small town for four months leading up to this year's midterm elections, hoping to get as many as …
Article • August 5, 2016
Indefinite Pre-incident Detention of Indigents by Mississippi Challenged in Class Action Law Suit by David Reutter A class action challenging the indefinite jailing of persons in a Mississippi’s Scott County Detention Center without indictment or representation by counsel was filed on September 23, 2014. The lead plaintiffs are indigents who …
Article • August 5, 2016
Florida Cancels Youth Prison Contract Due to Abusive Atmosphere by David Reutter The Florida Department of Juvenile Justice (DJJ) cancelled the contract for a residential youth program run by Youth Services International (YSI). DJJ defaulted on the contract for the Santa Rosa Substance Abuse Treatment Center because the facility’s staff …
Cuban-American Prisoner Exchange Signals a Renewal of Diplomatic Contacts by Derek Gilna In a development few could have foreseen, President Obama has carried out an exchange of five convicted Cuban spies languishing in federal prison in return for the release of American aid contractor Alan Gross, held captive in Cuba …
Article • August 5, 2016
DOJ and Department of Education Focus on Education of Juvenile Detainees by Derek Gilna There’s always been plenty of money available to incarcerate juvenile offenders in the United States, but finding funds and motivation to educate those young people has often been sadly lacking.  Recently, however, Attorney General Eric Holder …
DNA Keeps Overturning Convictions, But Spike in Exonerations Owed to Other Factors by Joe Watson Nicole Harris, Henry Lee McCollum and Leon Brown have lived through their own nightmares of injustice. All three were wrongfully convicted of the heinous murders of children. Combined, they spent nearly 70 years in prison …
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