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Brief • November 27, 2013
Renda v. State of Iowa et al, IA, Settlement Agreement, sexual harassment discrimination, 2013 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release is made and entered into by Plaintiff Melissa Lee Renda (Plaintiff), and Roxanne Conlin, and the State of Iowa, Jim Ackles, and Mike Thomas (collectively, the State). …
Brief • June 19, 2013
Arms-Adair v. Black Hawk County, IA, Release and Settlement, Wrongful Death, Suicide, 2013 RELEASE AND SETTLEMENT AGREEMENT '' The undersigned, Merry J. Arms-Adair (alk/a Merri J. Arms-Adair), Individually, as Administrator of the Estate of Michael Adair, and as Parent and Next Friend of Caleb Arms-Adair and Isaiah Arms-Adair, minor children, …
Brief • May 21, 2013
Filed under: Photographing
Arnzen v. Palmer, IA, Settlement, Cameras in Bathrooms, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA WESTERN OfVISION JOHN W. ARNZEN, Ill, HAROLD WILLIAMS, GALEN K. SHAFFER, and EDWARD LEE BRIGGS,) NO. 12-cv-4001 DEO Plaintiffs, SETTLEMENT AGREEMENT vs. DIRECTOR CHARLES PALMER, JASON SMITH; and BRAP WITTROCK, …
Article • May 15, 2013 • from PLN May, 2013
Iowa Sex Offender Special Sentence Provisions Interpreted: Time-Served Credit, but Not Earned-Time, Reduces Revocation Term by The Iowa Supreme Court held on May 4, 2012 that earned-time credit for good behavior accelerates the completion of a ten-year special sentence but does not reduce a release revocation term. The Court further …
Article • April 15, 2013 • from PLN April, 2013
Iowa Pays Almost $500,000 to Fired Parole, Prison Supervisors by Joe Watson Non-union membership in the Hawkeye State apparently has its privileges, at least for parole and prison officials in management positions. Between August 2011 and early 2012, when Iowa’s Public Employment Relations Board (PERB) ruled in their favor, 18 …
Article • April 15, 2013 • from PLN April, 2013
Ninth Circuit Vacates Federal Prison Sentence Imposed by Non-trial Judge by by Derek Gilna Federal prisoner William Harris’ 188-month sentence for assaulting a prison guard was reversed by the Ninth Circuit Court of Appeals on May 25, 2012, based on a violation of Federal Rule of Criminal Procedure 25(b) “with …
Article • March 15, 2013
Florence Strip-Search Decision Sends Iowa Case Back to Square One by Derek Gilna The recent decision by the United States Supreme Court in Florence v. Board of Chosen Freeholders of the County of Burlington, 132 S.Ct. 1510 (2012), which held that every detainee, even one held on a non-indictable offense, …
Article • March 15, 2013
Filed under: Searches, Strip Searches
$300,000 Settlement Reached in Iowa Illegal Strip Search Case by A $300,000 settlement was reached in the Iowa case of an illegal strip search conducted upon three high school students. The case began in the first week of the 2009 school year. The three girls, Holleigh Jo Jacobsen, Griffin Ferguson, …
Article • March 15, 2013
Iowa Supreme Court Supports Prisoner Suppression Motion by Derek Gilna In a case of first impression, the Iowa Supreme Court has reversed an Iowa Court of Appeals decision denying a "limited statutory right to a custodial in-person consultation with an attorney," and suppressed an operating a motor vehicle while intoxicated …
Brief • January 24, 2013
Arms-Adair v. Black Hawk County, IA, Complaint, Wrongful Death, Suicide, 2013 Case 6:13-cv-02008-LRR Document 3 Filed 01/24/13 Page 1 of 9 IN THE IOWA DISTRICT COURT IN AND FOR BLACKHAWK COUNIJ: ZU1J :MERRI J. ARMS-ADAIR, as Administrator of the Estate of MICHAEL ADAIR, Plaintiff, vs. ... BLACK HAWK COUNTY, IOWA, …
Brief • December 19, 2012
Filed under: Good Time, Overdetention
Scott v. Baldwin, IA, Appellant Brief, Miscalculated Release Date Overdetention, 2012 UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No: 12-3350 Richard Scott, et al. Appellants v. John Baldwin, in his official capacity as Director of the Iowa Department of Corrections Appellee __________________________________________________________________ Appeal from U.S. District Court for …
Iowa Reconsidering Costs, Benefits of Sex Offender Supervision Law by Joe Watson Over the past decade more than 20 states have created “special sentences” that require community supervision for sex offenders after their release, even if they expire their prison terms. But Iowa is currently reevaluating whether the millions in …
Iowa SOTP Requirement Does Not Violate Fifth Amendment by The Iowa Supreme Court has held that prison officials do not violate the Fifth Amendment by depriving convicted sex offenders of earned-time sentence reductions when they refuse to participate in a sex offender treatment program (SOTP) that requires them to admit …
Brief • July 16, 2012
Hood v. Upah, LA, Order, Excessive Force During Arrest , 2012 Case 1:11-cv-00096-LRR Document 22 Filed 07/16/12 Page 1 of 31 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA CEDAR RAPIDS DIVISION JAMES HOOD, Plaintiff, No. 11-CV-96-LRR vs. ORDER DAVID UPAH and BENTON COUNTY, IOWA, Defendants. …
Article • June 15, 2012 • from PLN June, 2012
Filed under: Telephones, Telephone Rates
Iowa Supreme Court Holds Billing for Fraudulent Prisoner Phone Calls Not a State Law Violation by On October 14, 2011 the Iowa Supreme Court held that a prison telephone company did not commit a “cramming” violation by improperly billing a third party for fraudulent collect calls made by a prisoner. …
Article • May 15, 2012
Iowa Supreme Court Refuses Miranda Protection for Confession to Case Worker by Derek Gilna By Derek Gilna The Iowa Supreme Court has affirmed a lower-court decision denying defendant Jess John Pearson's Motion to Suppress, based upon the Miranda case for a voluntary confession given to his social worker, who interviewed …
Article • May 15, 2012
Excessive Force by Des Moines Police Officers Leads to Proposed Settlement of $500,000 by In September 2011, the Des Moines City County voted on a $500,000 proposed settlement to end a federal lawsuit filed by a couple allegedly assaulted by two Des Moines police officers following a traffic stop. In …
Brief • January 27, 2012
Hood v. Upah, IA, Plaintiff's Brief Restisting MSJ, Excessive Force, 2012 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF IOWA CEDAR RAPIDS DIVISION JAMES HOOD, ) ) Plaintiff, ) ) vs. ) ) DAVID UPAH AND BENTON COUNTY, ) IOWA, ) ) Defendants. ) ) CASE NO.: 11cv96-LRR PLAINTIFF’S BRIEF IN …
Article • November 15, 2011 • from PLN November, 2011
Iowa Supreme Court Rules That Sex Offender Treatment Program Requires Due Process Protections by The Iowa Supreme Court held in two companion cases that the Iowa Department of Corrections’ (IDOC) Sex Offender Treatment Program (SOTP) deprived prisoners of due process of law. Before 2001, Iowa prisoners “were eligible for a …
90% Remittitur of $750,000 Strip Search Verdict Vacated; Plaintiffs Accept $440,385.08 on Remand by Mark Wilson On June 30, 2010, the Eighth Circuit Court of Appeals held that a district court had abused its discretion in reducing a $750,000 jury award to $75,000 in a case raising illegal strip search …
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