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Article • September 15, 2009
$3,600 Settlement in Public Records Violation Claim by Kitsap County by Washington State’s Kitsap County paid $3,600 to settle the claim of Shawn Orndorff, who claimed that between January 12, 2004 and May 4, 2005, the Kitsap County Prosecutor’s Office failed to provide public records he had requested. On October …
Prisoner Not Allowed to Sue One DOC in Another State by The Seventh Circuit Court of Appeals in Illinois held that New Mexico Department of Corrections (NMDOC) officials cannot be sued in Illinois due to lack of personal jurisdiction. Jimmy Kinslow, an NMDOC prisoner, was transferred in 1995 to the …
Same Sex Guard Requirement Violates Title VII by The Seventh Circuit Court of Appeals held that a correctional institution was wrong for changing its policy to exclude guards from supervising prisoners of the opposite sex on certain shifts. The Court did, however, deny claims of workplace harassment and retaliation. In …
Article • September 15, 2009
Search of Parolee’s Home One to Two Hours After Search During Traffic Stop Unreasonable, Court Holds by On April 29, 2008, the Court of Criminal Appeals of Tennessee affirmed a lower court’s order suppressing evidence recovered during the search of a parolee’s home. Charlotte Turner was stopped by police for …
Article • September 15, 2009
Sentence Enhancements Do Not Affect DOSA Sentence by A DOSA (Drug Offender Sentencing Alternative) sentence may include time that arises from a sentencing enhancement, the Court of Appeals of the State of Washington decided. Ray Roy Gutierrez pleaded guilty to delivery of a controlled substance. He was sentenced to 40 …
Seventh Circuit Affirms Denial of Deliberate Indifference Claim by On July 14, 2008, the U.S. Court of Appeals for the Seventh Circuit upheld a grant of summary judgment for two doctors accused of deliberate indifference. Greg Duckworth, an Illinois prisoner, sued two prison physicians after it was discovered that he …
Article • September 15, 2009
Split Decision in Termination Proceeding of Two Guards Required Revote by A split decision in termination proceedings by the Imperial County Employment Appeals Board of two California prison guards required a revote, the California Court of Appeal, Fourth Appellate District, held July 22, 2008. Richard Lopez and Rosario Lopez, correctional …
State May Lawfully Punish Sex Offender for Refusing to Participate in Sex Offender Program by Sex offenders may be denied certain privileges for refusing to participate in a sex offender treatment program without running afoul of the First and Fifth Amendments, the U.S. Court of Appeals for the Third Circuit …
Article • September 15, 2009
Supervised Release Period Does Not Begin When Federal Prisoner Is Transferred To Pre-Release Custody by A federal prisoner's period of supervised release does not commence upon transfer to a halfway house, jail or other component of community confinement, the U.S. Court of Appeals for the Ninth Circuit decided November 7, …
Article • September 15, 2009
Time Served In Excess of Base Term Cannot Be Used to Reduce Parole Period by The California Court of Appeal for the First Appellate District has affirmed the denial of a habeas petition filed by a parolee seeking discharge from parole based on time served in excess of the prisoner’s …
Article • September 15, 2009
How About a Small Bank Specializing in Loans to Ex-Cons? by Jeffrey Ross by Jeffrey Ian Ross, Ph.D., Stephen C. Richards, Ph.D. and Nicholas Vasquez, M.D. Our nation's population of ex-convicts, growing and showing no signs of slowing down, is a billboard for dysfunction. Americans say they want to reduce …
$112,500 Settlement in Kitsap County Jail Wrongful Death by Washington State’s Kitsap County Jail paid $112,500 to settle the lawsuit of the estate of Desiree Wilson, who hanged herself with a bed sheet tied to the smoke detector in her cell on April 22, 1997. Her death left her 4-year-old …
Article • September 15, 2009
$150,000 Settlement in Racial Discrimination Termination by Washington’s King County has paid $150,000 to settle the lawsuit of Cleveland King, which alleged that while working at the Department of Youth Services in 1999 he was subject to a hostile work environment, resulting in his discipline and termination for opposing racial …
Article • September 15, 2009
California Governor's Reversal of Lifer's Grant of Parole Not Based On "Some Evidence" by California Governor's Reversal of Lifer's Grant of Parole Not Based On "Some Evidence" The U.S. District Court for the Southern District of California granted a writ of habeas corpus to a California lifer whose grant of …
Article • September 15, 2009
California Prisoner Rights Cases Projected To Cost State $8 Billion Over Five Years by Eight judgments in class-action prisoners' rights actions during the last dozen years are projected to add $8 billion in costs to the California Department of Corrections and Rehabilitation (CDCR) budget over the next five years. It …
Article • September 15, 2009
California Probationer Must Provide Notice of Pet Ownership by In a decision filed December 29, 2008, California's Supreme Court affirmed an appeals court judgment that probation super¬visors violate no "fundamental or constitutional rights" by requiring a probationer to notify probation officers of any pets the probationer keeps. The Appellant in …
Article • September 15, 2009
California Appellate Court Orders Release of Sexually Violent Predator by In August 2001, Edwin V. Franklin was deemed by a jury to be a sexually violent predator (SVP) and, pursuant to California law, was civilly committed to Atascadero State Hospital. Two years later, Franklin's case was reviewed, was again found …
Article • September 15, 2009
Collateral Consequences not Presumed in Moot Habeas Petition Challenging BOP Early Release Denial by The Third Circuit Court of Appeals has held that a petitioner’s habeas corpus is moot when it is only “likely” that a sentencing court will reduce the terms of supervised release. The Court’s holding comes in …
Article • September 15, 2009
Collateral Estoppel Denied Washington DOC in Wrongful Termination Suit by Ms. Carol Carver worked for the Washington DOC from 1995 to 2005, first as a prison guard and later as an office assistant. Due to deteriorating job performance, the prison Superintendent referred Carver for a psychological evaluation in December 2004, …
Article • September 15, 2009
Deliberate Indifference Suit Gets Mixed Ruling on Appeal by On November 24, 2008, the Ninth Circuit U.S. Court of Appeals delivered a mixed ruling in an appeal involving Washington state prisoner, Samuel D. Martin. The appeal arose following a district court's sua sponte dismissal of Martin's § 1983 claim against …
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