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Article • August 15, 2008
Colorado Appellate Court Condones Forcing Indigent Prisoners' Exposure to West Nile Virus by Colorado state prisoners Stephen Glover, Alan Smith and Michael Freeman (plaintiffs) appealed the dismissal of their pro se complaint against the State, the Department of Corrections (DOC) and former DOC director Joseph Ortiz (defendants). The complaint alleged …
Article • August 15, 2008
Jail Phone Wiretapping Exempt from California Invasion of Privacy Act, FCA by California state prisoner David Windham appealed the refusal of a court to suppress jail telephone recordings used in obtaining his conviction. The appellate court affirmed the judgment due to statutory allowances, and because Windham’s consent was implied as …
Article • August 15, 2008
Tenth Circuit Upholds Colorado DOC's Confiscation of Books, Legal Documents by Colorado state prisoner Wendel Wardell, Jr. appealed the dismissal of his pro se 42 U.S.C. § 1983 action filed against the Colorado Department of Corrections (CDOC) after Fremont Correctional Facility personnel confiscated reading materials mailed to him from an …
Ex Washington DOC Guard's $101,000 Jury Award for Termination Reversed Due to Insufficient Evidence by The Washington Department of Corrections (DOC) appealed a 2005 judgment in favor of former employee Sandra Harris. Harris had sued claiming gender and disability discrimination, retaliation and outrage following her job termination. The jury verdict …
Article • August 15, 2008
Washington State Prisoner Gets Life for Fight Resulting in Broken Nose by Washington State prisoner Charles Weber appealed his 2005 conviction for second degree assault resulting in a sentence of life without the possibility of parole. Although his attorney admitted to providing ineffective assistance, the court affirmed the judgment. Weber …
Article • August 15, 2008
IL Prisoner Refuses to Pursue Futile Grievance Procedure, Still Satisfies Exhaustion Requirement by Nedrick J. Hardy, an Illinois state prisoner, claimed he was denied medical attention for a broken hand for several months. He filed numerous grievances which prison staff ignored. After several months he filed suit in federal district …
Article • August 15, 2008
IL Prisoner’s Appeal of Prison Disciplinary Proceeding Dismissed as Unbelievable by Kenneth R. Dye, an Illinois state prisoner, appealed in state court the outcome of his prison disciplinary proceeding. He argued that he wasn’t served with notice of the charges against him or allowed to attend the hearing. His institutional …
Article • August 15, 2008
Illinois Seizes Prisoner’s Life Insurance Inheritance by Leonce J. Ruckman, an Illinois state prisoner who had been incarcerated since 1988, received the benefits of his mother’s life insurance policy after she died. He used some of the proceeds to purchase a MetLife annuity with a cash value of $32,178.22. When …
Article • August 15, 2008
Job Reallocation of Washington DOC Employee Deemed Age Neutral by Washington State’s Court of Appeals, Division I, has affirmed a trial court’s grant of summary judgment in favor of the Department of Corrections (DOC) in a lawsuit alleging employee age discrimination. Nineteen-year DOC veteran Mary Mckee contended her reassignment to …
$1 Million Awarded to Innocent Victim of Police Dog Attack by Washington state resident Ken Rogers was awarded $1.05 million by a federal jury after a police dog attacked him while sleeping on July 13, 2003. Kennewick city police were chasing a suspect utilizing a K 9 police dog. The …
Prosecutorial Misconduct Claims Properly Brought as Post-Conviction Motion if Timely by Tennessee state prisoner Darrell Wentzel filed a pro se motion for review of his convictions after they were affirmed on direct appeal. His 2001 "motion for extraordinary relief" was treated as a post-conviction petition, and dismissed as statutorily time …
Article • August 15, 2008
Justification Required for Denial Under Tennessee Public Records Act by Tennessee state prisoner J. Hickman appealed the Davidson County Chancery Court's dismissal of his pro se motion to obtain documents from the Tennessee Board of Probation and Parole (Board) pursuant to the state's Public Records Act (Act), Tenn. Code Ann. …
Peruvian National’s Extradition Ordered for Killing Innocent Children, Civilians by The U.S. Department of Justice (DOJ) appealed a 2005 U.S. District Court ruling that prevented the extradition of Peruvian national Wilmer Ordinola. The DOJ argued that his heinous crimes against innocent children and civilians did not fall under the political …
Article • August 15, 2008
Probable Cause Not Required for Bureau of Prisons to Indefinitely Suspend Employees by Former Bureau of Prisons (BOP) counselor Norberto Perez appealed an arbitrator's ruling confirming his 2004 indefinite suspension from the BOP. The ruling was affirmed on appeal. The suspension came after a prisoner claimed Perez had sold him …
Article • August 15, 2008
Probable Cause Not Required for Bureau of Prisons to Indefinitely Suspend Employees by Former Bureau of Prisons (BOP) counselor Norberto Perez appealed an arbitrator's ruling confirming his 2004 indefinite suspension from the BOP. The ruling was affirmed on appeal. The suspension came after a prisoner claimed Perez had sold him …
Article • August 15, 2008
Alaska PRA Requires Disclosure of Fiscal Report and Employee Performance Evaluation by The Anchorage Daily News (newspaper) obtained an injunction in state court under the state Public Records Act (PRA), Alaska Stat. § 44.62.310 et seq, compelling the city of Anchorage to produce a tape recording. The city later refused …
Article • August 15, 2008
California Jury Instruction in Sexually Violent Predator Trial Affirmed by George Whaley, a California state prisoner, was civilly committed under the state Sexually Violent Predator Act (SVPA). At a trial to extend his commitment for two years, the jury was deadlocked. The judge suggested that they role play, with the …
Arkansas Trooper Mistakes Mentally Disabled Man for Fugitive and Kills Him; Deceased's Family Paid $1 Million by Former Arkansas State Trooper Larry Norman pled guilty to a charge of misdemeanor negligent homicide after killing mentally disabled Joseph Erin Hamley. Norman had mistaken Hamley, 21, for an escaped fugitive, and shot …
Article • August 15, 2008
California Prisoner Wrongly Jailed for 14 Years Denied Compensation by John Tennison, a California state prisoner, was sent to prison for a 1989 murder. After nearly 14 years his conviction was vacated with a finding of factual innocence. He sued for compensation under a state law providing an award of …
Article • August 15, 2008
California Prisoner's Small Claims Judgment not Appealable by Michael Lane, a California state prisoner, sued the state Department of Corrections (DOC) in small claims court to recover $797.60 he had been charged for vacated restitution orders. The small claims court ruled in his favor for that amount but dismissed a …
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