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Eighth Circuit: Administrator of Prisoner's Estate May Not Sue Pro Se by On March 29, 2005, the Eighth Circuit Court of Appeals held that the administrator of the estate of a prisoner who died of cancer while incarcerated in the Arkansas Department of Corrections may not file a suit for …
Article • August 15, 2008
Eighth Circuit Upholds Arkansas Sex Offender Registration/Residency Restrictions by Matthew Clarke by Matthew T. Clarke On July 13, 2006, the Eighth Circuit Court of Appeals affirmed the dismissal of a civil rights challenge to provisions of the Arkansas Sex Offender Registration Act, Ark. Code Ann. § 12-12-901 et seq., and …
Article • August 15, 2008
Sovereign Immunity Bars FTCA Property Claims; S.Ct. Vacates Second Circuit Ruling by The Second Circuit Court of Appeals joined four other circuits in reversing a lower court’s dismissal of a Federal Tort Claims Act (FTCA) negligent property loss claim. A federal prisoner, identified only as ABC, was transferred to a …
Article • August 15, 2008
DNA Collection Statute’s Retroactive Application to Violate Federal Prisoner’s Parole Upheld by On July 23, 1998, John Reynard robbed a branch of the Bank of America in San Diego, California. On December 21, 1998 he was sentenced to thirty months in federal prison. In November of 2000 he was paroled …
150 Days in Segregation for Civil Detainee Upheld by Eighth Circuit by The Eighth Circuit Court of Appeals has held that a civil detainee’s placement in isolation for 150 days was not a constitutional violation, considering the specific facts in this case. The ruling affirms a Minnesota federal district court’s …
Article • August 15, 2008
California Habeas Corpus Grant that Excluded “Show Cause Order” Reversed for Procedural Inadequacy by The State of California appealed a 2006 court order directing the Board of Prison Terms (Board) to reduce a prisoner's sentence and adjust her release date according to pre amended statutory sentencing provisions. The court order …
TDCJ Denied Qualified Immunity in Employee's Unconstitutional Termination Suit by John F. Fant, a former Legal Services Director for a division of the Texas Department of Criminal Justice (TDCJ), appealed a 2003 U.S. District Court decision denying his motion for dismissal of a lawsuit based on qualified immunity grounds. The …
South Dakota Statutory Provisions, Immunity Preclude Prisoners' Alleged Unauthorized Sanction Claims by South Dakota state prisoners Leander Clay, James Smith and Kenneth Muetze (plaintiffs) appealed the dismissal of their pro se action for statutory immunity against South Dakota State Penitentiary and Department of Corrections personnel (defendants), which alleged unlawful disciplinary …
Evidence in Arizona Fatal Prisoner Abuse Suit Tailored in In Limine Ruling by The U.S. District Court for the District of Arizona ruled in limine on pre trial evidence following the denial of qualified immunity for Maricopa County Sheriff Joseph Arpaio in a § 1983 suit involving the death of …
Stay Pending Qualified Immunity Interlocutory Appeal Rejected in Arizona Prisoner Death Suit by Maricopa County (Arizona) Sheriff Joseph Arpaio filed a motion to stay litigation pending an interlocutory appeal on the denial of qualified immunity in a lawsuit filed by the parents of Tent City prisoner Phillip Wilson, who was …
Article • August 15, 2008
County Prosecutor, Juvenile Court Manager's E-mails Ordered Disclosed Regarding Court's Dissolution by The Cowles Publishing Company (CPC) appealed an Idaho state district court’s ruling for non-disclosure of a settlement agreement regarding the dissolution of the Kootenai County Juvenile Education Training Court (JETC). Former JETC manager Marina Kalani appealed the same …
Federal Prison Guard Suspended Indefinitely for Active Duty Assault in Iraq by Former Metropolitan Detention Center (New York) federal prison guard Gary Pittman sought review of a 2006 Merit Systems Protection Board's (Board) affirmation of his release from federal employment upon return from active military duty in Iraq. He alleged …
Article • August 15, 2008
Delaware Sex Offender Acquitted on School Loitering Conviction; Probation Violation Upheld by Delaware registered sex offender William Dahl appealed a 2006 conviction for loitering within 500 feet of a school; as a result of the conviction he had received a 20-year sentence. Because the shopping mall located dance academy that …
Article • August 15, 2008
Habeas Release Granted to Immigration Detainee After 3 Year Wait for Removal Proceedings by Morocco citizen Mourad Madrane petitioned pro se for a writ of habeas corpus to end his prolonged detention while awaiting deportation proceedings following his aggravated felony convictions for various access device fraud charges. The writ was …
Wisconsin Pretrial Detainee's Free Speech Complaint Proceeds Over Denial of Books by Alfred Riley, a Wisconsin state detainee patient at the Sand Ridge Secure Treatment Center (SRSTC), a sex offender civil commitment facility, filed a lawsuit against the State, SRSTC and various other entities alleging federal and state law violations. …
Article • August 15, 2008
Guard Aided Escape Results in Murder, Rape and Texas Federal Prisoner's Death Sentence by Federal prisoner Sherman Fields filed a direct appeal of his convictions and death sentence for murder and rape following his armed escape from the privately-operated McClennan County Detention Center (MCDC) in Waco, Texas. His convictions and …
Article • August 15, 2008
Judicial Evaluation Required Before Granting Ohio Felons’ Records Requests by Ohio federal prisoner Dennis Evans sought a writ of mandamus in state court to obtain records maintained by the Public Safety Department / Division of Police. The request, made under the Ohio Public Records Act, was denied for procedural inadequacy. …
Article • August 15, 2008
Out of Court Statements Refuting Testimony, Not Proclaiming Guilt or Innocence, Admissible by Delaware state prisoner Jamil Edwards appealed his convictions for first degree murder and possession of a firearm during the commission of a felony. He claimed judicial abuse of discretion for disallowing refuting testimony. His convictions were overturned. …
Article • August 15, 2008
Collecting Reasonable Fees from Kansas Prisoners for Government Reimbursement Not Unconstitutional by Kansas state prisoner Michael Taylor appealed the dismissal of his 42 U.S.C. § 1983 action alleging various constitutional violations for the deduction of supervision fees from his prison account. The dismissal of his suit was affirmed. Taylor was …
Article • August 15, 2008
Damages Awarded to Two New Mexico Jr. High Students After Excessive Strip Search by New Mexico Jr. High students Crystal Kennedy and Randy Ford challenged the appellate reversal of damages they were awarded in a 42 U.S.C. § 1983 suit against Dexter Consolidated Schools (DCS) and individual school officials. The …
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