Tenth Circuit Affirms Sentence in Excess of Federal Advisory Guidelines for Sex Offender Who Violated Terms of Supervised Release by In an unpublished opinion, the Tenth Circuit affirmed the district court's imposition of an 18-month prison term for a Utah man, Brian Olinger, who pled guilty to three violations of …
Ramirez v. Robinson, UT, Complaint, sex offender treatment mentally disabled, 2011 Case 2:11-cv-01199-CW Document 6 Filed 12/29/11 Page 1 of 7 • FILED U.S. DISTRiCT COURT 2011 DEC 2'1 P 2: 3'1 DISTRiCT Richard Ramirez Attorney Pro Se Utah State Prison P.O. Box 250 Draper, Utah 84020 iJ TAt! DEC …
Tenth Circuit Upholds 27-Month Sentence of Utah Guard; Altered UAs and Other Misconduct for Sexual Favors by Tenth Circuit Upholds 27-Month Sentence for Utah Guard; Altered UAs and Other Misconduct for Sexual Favors The Tenth Circuit Court of Appeals affirmed a former prison guard’s 27-month sentence, finding that an “obstruction …
Utah Prison Van Accident States “Unnecessary Rigor” Claim by Mark Wilson By Mark Wilson The Utah Supreme Court found that a prisoner sufficiently alleged an “unnecessary rigor” claim under the State Constitution for injuries sustained in a transport van accident. Yet, the Court suggested that dismissal may be proper for …
U.S. Extradition Services Settles Wrongful Death Suit by By Brandon Sample The family of a prisoner who was killed while being transported by a private prison transport company has agreed to settle its wrongful death suit. The parents of Shawn Talbot sued U.S. Extradition services after their son died while …
Crime Victims May Not Appeal Criminal Sentences, Tenth Circuit Decides by Brandon Sample By Brandon Sample Crime victims may not appeal a defendant's sentence or the denial of rights under the Crime Victims' Rights Act of 2004 (CVRA), the U.S. Court of Appeals for the Tenth Circuit decided December 2, …
Utah Prisoner’s Administrative Confinement May be Unconstitutional by The Tenth Circuit Court of Appeals has held that a prisoner’s arbitrary placement in administrative segregation may constitute an “atypical and significant hardship on the prisoner in relation to the ordinary incidents of prison life.” Utah prisoner Paul Richard Payne filed a …
Former Utah Prison Guard Ordered to Pay Over $1.4 Million for Raping Prisoner by Derek Gilna U.S. District Court Judge Clark Waddoups, in a February 2010 decision, ordered former Utah State Prison guard Louis Poleate to pay $435,332.50 in compensatory damages and $1 million in punitive damages to prisoner Priscilla …
Salt Lake County Agrees to Pay $75,000 to Settle Jail Suicide Suit by On September 15, 2008, Salt Lake County, Utah agreed to pay $75,000 to the family of an ex-cop who killed himself at the Salt Lake County Metro Jail. Arthur Anderson was arrested in January 2006 after his …
No Liberty Interest Under Utah Parole Scheme by The Tenth Circuit Court of Appeals held that a Utah prisoner had failed to state cognizable due process and equal protection challenges to Utah’s parole scheme. In 1993, Robert Straley was convicted of sex crimes against a child and sentenced to two …
Utah Sex Offender Registration Injunction Vacated by On August 20, 2009, a Utah federal court lifted the injunction it had previously issued against the Utah sex offender registry requiring registered sex offenders to register their internet names and passwords. John Doe is the pseudonym for a man who was convicted …
Indian Country Gets Stimulus Money ... to Build More Jails by David Reutter by David M. Reutter The U.S. Department of Justice, through the Obama administration’s American Recovery and Reinvestment Act, has brought stimulus money to Indian reservations – awarding $224 million to build and renovate tribal jails. The funding …
Judge Rejects Privacy Suit By Former Prison Employee by Chief U.S. District Judge Tena Campbell has dismissed a lawsuit brought by a former employee of the Utah Department of Corrections who had alleged that her privacy rights were violated. The lawsuit, filed by Lauren Barker, alleged that Kirk Dahl, a …
Tenth Circuit Reverses Discovery Order In FOIA Case by On July 2, 2009, the U.S. Court of Appeals for the Tenth Circuit reversed a discovery order in a Freedom of Information Act (FOIA) suit permitting depositions of two federal prisoners who allegedly had knowledge of records withheld by the FBI …
$25,000 Award to Utah Muslim Prisoner Attacked by Death Row Prisoner Following 9/11 by A Utah federal jury awarded $25,000 to a Muslim prisoner who claimed guards set him up for a beating following the 9/11 guerrilla attacks. The oddest part of the situation is the prisoner was beat by …
U.S. Supreme Court Recedes from Saucier’s Mandatory Provisions for Determining Qualified Immunity Claims by David Reutter by David M. Reutter The U.S. Supreme Court has retreated from a mandatory procedural practice for resolving government officials’ qualified immunity claims, leaving it to the discretion of lower courts as to which prong …
Utah Evaluates Drug Program Pilot; Recommends Further Evaluation by David Reutter by David M. Reutter A report by Utah’s legislative Auditor General into the performance of the Drug Offender Reform Act (DORA) says that more time is needed to evaluate the program, and it makes several recommendations to assist in …
Sexual Abuse by Prison and Jail Staff Proves Persistent, Pandemic by Gary Hunter Sexual assault, rape, indecency, deviance. These terms represent reprehensible behavior in our society. They also represent recurring themes in our nation’s prisons – not only by prisoners, but also by guards and other staff members. PLN’s August …
