Kansas Sex Offender Civil Commitment Program Under Scrutiny by Matthew Clarke The Sexual Predator Treatment Program, operated by the Kansas Department for Aging and Disability Services, is at the heart of a debate over whether civil commitment programs are truly designed to rehabilitate offenders convicted of sex crimes, or are …
Kansas: District Court Holds for Plaintiffs in County Jail Mailing Issues by Kansas: District Court Holds for Plaintiffs in County Jail Mailing Issues On March 25, 2014, the United States District Court for the District of Kansas granted the plaintiffs’ motion for class certification alleging First and Fourteenth Amendment rights …
$150,000 Settlement in Suit over Kansas Jail Prisoner's Death by $150,000 Settlement in Suit over Kansas Jail Prisoner's Death by Matt Clarke On December 17, 2012, the County Commissioners of Shawnee County, Kansas voted to settle for $150,000 a state lawsuit by the estate and heirs of a prisoner who …
ACLU Prompts Kansas Jail to Change Religious Meals, Mail Policies by Joe Watson ACLU Prompts Kansas Jail to Change Religious Meals, Mail Policies by Joe Watson Prisoners at the Allen County jail in Iola, Kansas had been forced to violate their religious beliefs or go hungry until the ACLU persuaded …
Soldiers Sentenced to Die, but No Executions on Military Death Row Since 1961 by Joe Watson Soldiers Sentenced to Die, but No Executions on Military Death Row Since 1961 by Joe Watson The guilty verdict and death sentence handed down on August 28, 2013 against U.S. Army Major Nidal Malik …
10th Circuit Reverses Dismissal of Halfway House Escape Charge by Derek Gilna 10th Circuit Reverses Dismissal of Halfway House Escape Charge by Derek Gilna A federal prisoner without any detainers (“holds” placed by other law enforcement agencies) can generally count on a period of community confinement at the end of …
Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal by Bob Williams Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal by Bob Williams In December 2009, the Tenth Circuit held that Heck v. Humphrey, 512 U.S. 477 (1994) did …
Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment by Mark Wilson Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment by Mark Wilson On November 8, 2013, the Tenth Circuit Court of Appeals upheld the denial of qualified immunity in a case that involved the shackling of …
Jackson v. Ash Wyandotte County, KS, Order Preliminarily Approving Settlement, postcard policy mail, 2014 Case 2:13-cv-02504-EFM-JPO Document 44 Filed 11/12/14 Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS TYRELL JACKSON, et al., Plaintiffs, Case No. 13-cv-2504 EFM/JPO v. DONALD ASH, in his official capacity as …
Former Kansas Attorney General has Law License Suspended Indefinitely by Christopher Zoukis Former Kansas Attorney General has Law License Suspended Indefinitely by Christopher Zoukis On October 18, 2013, the Kansas Supreme Court indefinitely suspended the law license of former State Attorney General Phillip D. “Phill” Kline, who became nationally known …
Jackson v. Ash Wyandotte County, KS, Settlement Agreement, postcard policy mail, 2014 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS TYRELL JACKSON, et al., on behalf of themselves and on behalf of classes of persons similarly situated; Plaintiffs, v. Case No. 13-cv-2504 EFM/JPO DONALD ASH, in his …
No KORA Violation without Change of Residence by No KORA Violation without Change of Residence The Kansas Supreme Court held that a sex offender did not violate the state's 10-day reporting requirement by failing to report while traveling. Under the Kansas Offender Registration Act (KORA), sex offenders must …
Kansas Sentencing Law Creates Disparity for Old Law Prisoners by Kansas Sentencing Law Creates Disparity for Old Law Prisoners Hundreds of Kansas prisoners who committed crimes prior to July 1, 1993 are serving sentences that would have been much shorter under current law. These “old law” prisoners are serving …
Kansas DNA Testing Eligibility Extended to Second-Degree Murder by Mark Wilson Kansas DNA Testing Eligibility Extended to Second-Degree Murder by Mark Wilson The Kansas Supreme Court held on October 4, 2013 that a state law denying DNA testing to prisoners convicted of second-degree murder violates the Equal Protection Clause of …
Amount of Drugs a Factor for Departure Sentence in Kansas Prison Contraband Conviction by David Reutter Amount of Drugs a Factor for Departure Sentence in Kansas Prison Contraband Conviction by David M. Reutter The Kansas Supreme Court reversed a prisoner’s sentence for possession of contraband – a small amount of …
Kansas: Prison Healthcare Officials Engaged in Continued Deliberate Indifference by Robert Warlick Kansas: Prison Healthcare Officials Engaged in Continued Deliberate Indifference by Robert Warlick The Kansas Court of Appeals held that employees of Correct Care Solutions at the Lansing Correctional Facility (LCF) committed continuing Eighth Amendment violations by …
Jackson v. Ash, KS, Order Granting Class Cert., Postcard Only Mail Policy, 2014 Case 2:13-cv-02504-EFM-JPO Document 26 Filed 03/25/14 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS TYRELL JACKSON and RANDALL CHAPMAN, on behalf of themselves and all others similarly situated, and MABEL …
Richard v. Sedgwick County Board of County Commissioners, KS, et al, Settlement Agreement, 2014 SETTLEMENT AGREEMENT This Settlement Agreement ("agreement") is made and entered into by and between Ronell Ronell Richard, as Administrator or the Estate of Edgar Richard, Jr., Deceased and Manual Diaz, Saquisha Nelson Clark, Robert Hinshaw, Gary …
Seventh Circuit Upholds FTCA Venue Transfer by The Seventh Circuit Court of Appeals has upheld the transfer of a former federal prisoner’s negligence action from Illinois to Kansas. Daniel Hudson relocated to Illinois following his release from a federal prison in Kansas. He filed a Federal Tort Claims Act (FTCA) …
Richard v. Board of County Commissioners, KS, Settlement, Brain Damage from Jail Guard Beating, 2014 SETTLEMENT AGREEMENT This Settlement Agreement ("agreement") is made and entered into by and between Ronell Richard, as Administrator or the Estate of Edgar Richard, Jr., Deceased and Manual Diaz, Saquisha Nelson Clark, Robert Hinshaw, Gary …