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Article • August 12, 2016
No Due Process Right to Oregon Parole Witnesses or Cross-Examination by Mark Wilson The Oregon Court of Appeals rejected a facial challenge to a rule denying prisoners the right to call or cross-examine witnesses at parole hearings. When the Oregon Board of Parole and Post-Prison Supervision (Board) has established a …
Walker v. City and County of Denver, CO, Second Amended Complaint, Sexual Harassment, 2016 Case 1:15-cv-02539-CMA-STV Document 65 Filed 08/12/16 USDC Colorado Page 1 of 18 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-02539-MSK-MJW TERRI EDDY, REBECCA ESQUIBEL, DENITA HARTZOG, GIOVANNA KEMP, LISA …
Article • August 11, 2016
New York Police IA Records in Camera Inspection Improperly Denied by Mark Wilson The New York Supreme Court, Appellate Division reversed a lower court's denial of in camera inspection of police internal affairs records in a wrongful death action. Christine Cea and others brought a state court wrongful death action …
Article • August 11, 2016
Fatal California Police Shooting Video Unsealed Over Police Objections by Mark Wilson Following a $4.7 million settlement, a California federal court unsealed the dashcam footage of a police shooting, over law enforcement objections. On June 2, 2013, Agustin DeJesus Reynoso's bicycle was stolen from a Gardena, California CVS store. A …
Article • August 11, 2016
Connecticut Supreme Court: "Arsenic & Old Lace" Records Exempt from Disclosure by Mark Wilson The Connecticut Supreme Court held that state agencies had standing to appeal a trial court's public record disclosure decision and the documents at issue were exempt from disclosure. Amy Archer Gilligan was convicted of second degree …
Article • August 11, 2016
Public Records Request in Ohio Criminal Case Trigger Reciprocal Discovery Rule by The Ohio Supreme Court held that when a criminal defendant “directly or indirectly makes a public records request for information that could be obtained from the prosecutor through discovery, the request is the equivalent of a demand for …
Texas Man Exonerated By DNA Test He Didn't Request by Matthew Clarke A Texas man, Michael Phillips, 57, recently became the first person to be cleared of a crime by DNA testing he did not request. Phillips was accused of raping a white teenage girl at a Dallas motel in …
Article • August 9, 2016
Washington DOC Colludes with Employees to Bar Public Records Request; Pays $65,000 by The Washington Coalition for Open Government (the Coalition) obtained a $65,000 payment to settle a lawsuit against two state agencies for violation of the Public Records Act (PRA). The 2010 lawsuit alleged the state Attorney General’s Office …
Seventh Circuit Holds Indiana Must Provide Process to Appeal Errors in Sex Offender Registry by Matthew Clarke On August 26, 2012, the Seventh Circuit court of appeals held that the Indiana Department of Corrections (DOC) must provide a procedure by which persons listed on the state's "Sex and Violent Offender …
Filing • August 9, 2016
PLN v. Co. of Tulare, et al., CA, Judgement, censorship, 2016 Case 1:15-cv-01650-JAM-SAB Document 49 Filed 08/09/16 Page 1 of 2 1 LISA ELLS – 243657 CHRISTOPHER D. HU – 293052 & GRUNFELD LLP 2 ROSEN BIEN GALVAN 50 Fremont Street, 19th Floor 3 San Francisco, California 94105-2235 Telephone: (415) …
Brief • August 9, 2016
PLN v. Co. of Tulare, et al., CA, Judgement, censorship, 2016 Case 1:15-cv-01650-JAM-SAB Document 49 Filed 08/09/16 Page 1 of 2 1 LISA ELLS – 243657 CHRISTOPHER D. HU – 293052 & GRUNFELD LLP 2 ROSEN BIEN GALVAN 50 Fremont Street, 19th Floor 3 San Francisco, California 94105-2235 Telephone: (415) …
Ban the Box, Criminal Records and Statistical Discrimination, Michigan Law, 2016 LAW AND ECONOMICS RESEARCH PAPER SERIES PAPER NO. 16-012 JUNE 2016 BAN THE BOX, CRIMINAL RECORDS, AND STATISTICAL DISCRIMINATION: A FIELD EXPERIMENT AMANDA AGAN SONJA STARR THE SOCIAL SCIENCE RESEARCH NETWORK ELECTRONIC PAPER COLLECTION: HTTP://SSRN.COM/ABSTRACT=2795795 FOR MORE INFORMATION ABOUT …
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
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 …
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 …
New York Pushing Enforcement of Law Prohibiting Discrimination in Felon Hiring by The New York Attorney General’s Office (AG) reached a settlement with a national retailer doing business in the state to end discrimination in the hiring of individuals with criminal records. the terms of settlement provide  the company will …
Article • August 3, 2016
Florida Sheriff Faces Contempt Proceedings for Furlough Program by David Reutter The State Attorney for Florida’s Gadsden County has petitioned a state court to hold the sheriff in contempt for allowing prisoners an eight hour furlough without court approval.  “The inmates involved were supposed to have been held on bond …
Hawaiian Prisoners’ Religious Freedom Lawsuit Certified as Class Action by Derek Gilna Native Hawaiians have a rich religious history, with elaborate rituals and sacred objects, which is a significant part of their culture.  Interference with the free exercise of these traditional religious practices at Saguaro Correctional Center in Arizona where …
Publication • August 3, 2016
Scott v. Harris - Death Knell for Deadly Force Policies and Garner Jury Instructions, Blum, 2008 LEGAL STUDIES RESEARCH PAPER SERIES RESEARCH PAPER 08-06 January 31, 2008 Scott v. Harris: Death Knell for Deadly Force Policies and Garner Jury Instructions? Karen M. Blum Professor of Law, Suffolk University Law School …
Publication • August 3, 2016
Report of the National Task Force on Privacy, Technology and Criminal Justice Information, DOJ BJS, 2011 U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Report of the National Task Force on Privacy, Technology, and Criminal Justice Information Law and policy Change drivers Recommendations Privacy, Technology, and …
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