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Uproar Over Background Checks for BP Oil Spill Workers Following Rape Allegation Against Sex Offender by David Reutter by David M. Reutter A brouhaha has erupted in Mississippi after an unregistered sex offender, who was working on the BP oil spill cleanup, was charged with raping a co-worker. The uproar …
Brief • June 10, 2011
Rogers v. City of Albuquerque, NM, Complaint, Disability Discrimination, 2011 ENDORSED FILED IN MY OFFICE THI~ ~ SECOND JUDICIAL DISTRICT COURT COUNTY OF BERNALILLO STATEOFNEWMEXICO ~ s JUN 1 O 2011 aua~ 'ff! ./". ., - J ~ ci!eR-K C,IS'fPII Gi L - J I rs -i ZHON ROGERS, Plaintiff, …
Davis et al v. Abercrombie et al, HI, Order denying Def Mot to Transfer Venue, CCA religious discrimination denial retaliation, 2011 Case 1:11-cv-00144-LEK -BMK Document 28 Filed 05/27/11 Page 1 of 27 657 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII RICHARD KAPELA DAVIS; et …
Article • May 15, 2011 • from PLN May, 2011
Homeless Probationer’s Violation for Failure to Comply with GPS Monitoring Reversed by On December 21, 2010, the Massachusetts Supreme Judicial Court set aside a probation violation finding where the probationer was unable to accommodate the technological requirements of GPS monitoring equipment while living in a homeless shelter. The Court found …
Judge Declines to Terminate Orders Requiring Air-conditioned Housing for Heat-sensitive Prisoners by Brandon Sample New York U.S. District Court Judge Harold Baer, Jr. has declined to terminate a series of orders requiring New York City jail officials to house “heat-sensitive” prisoners in air-conditioned cells when temperatures reach 85 degrees Fahrenheit …
Sweeping Settlement Covers Medical and Mental Health Care at Wisconsin Women’s Prison by On August 23, 2010, the American Civil Liberties Union (ACLU) and ACLU of Wisconsin filed a settlement agreement in U.S. District Court that will improve medical and mental health care and conditions of confinement for disabled prisoners …
State Auditor Finds Vermont Sex Offender Registry Unreliable by Matthew Clarke by Matt Clarke On June 25, 2010, the Vermont State Auditor released a report entitled Sex Offender Registry: Accuracy Could be Significantly Improved. As the title implies, the auditors found critical or significant errors in 79% of the community-based …
Fifth Circuit: Sex Offender Conditions May be Imposed for Prior Sex Offense by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that a person on parole for a crime that was not a sex offense, but who had completed a sentence for a prior sex offense …
Eleventh Circuit Finds Disabled Prisoner in Imminent Danger for Filing Fee Purposes by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has vacated a Georgia federal district court’s injunction that prohibited a prisoner from submitting future filings, and reversed the lower court’s dismissal of the prisoner’s …
Article • May 15, 2011
One-legged man forced to climb into top bunk wins $1,000 by On September 27, 2009, the District of Columbia agreed to pay $1,000 to a disabled man who was injured after being forced to climb into a top bunk. William Mercer sued the District after falling twice while attempting to …
U.S. Supreme Court Asks Montana Supreme Court to Address Whether FJDA Conviction Requires Registration Under Montana Law by On June 7, 2010, the U.S. Supreme Court certified a question to the Montana Supreme Court in order to decide whether a petition for writ of certiorari currently pending before the Court …
Washington DOC Agrees to Pay $15,500 to Paraplegic Prisoner for Disability-Based Discrimination by On January 27, 2006, the Washington State Department of Corrections (DOC) agreed to pay $15,500 to a paraplegic prisoner who received inadequate medical care and was discriminated against because of his disability. John Chauers, a DOC prisoner …
Article • May 15, 2011
Washington DOC Agrees to Settle Sex Offender Early Release Suit for $6,000 by On June 17, 2006, the Washington Department of Corrections (DOC) agreed to settle a 42 U.S.C. §1983 suit over the DOC’s Earned Early Release Date (EERD) program. Dan Bedker, Jr., a sex offender, sued Joseph Lehman, the …
Article • May 15, 2011
PRP Granted: Alford Plea to be Withdrawn by In May 1985, Washington State resident, Clyde R. Spencer, entered an Alford plea in answer to numerous charges of statutory rape and complicity to commit statutory rape. The only evidence against him was the testimony of his two biological children and his …
D.C. Settles Gender- and Race-Based Work Discrimination Suit for $140,000 by On February 7, 2007, the District of Columbia agreed to pay $140,000 to a former Department of Corrections (DOC) employee who alleged that she was discriminated against because of her sex. Brenda Makins was terminated from her job at …
Article • May 15, 2011
Washington Prison Guard Paid $10,000 for Racially Derogatory Statement by On September 13th, 2004, the State of Washington agreed to settle a lawsuit filed by Janice Shepherd against her direct supervisor, Stanley Badger, and the Washington Department of Corrections. Shepherd alleged in the suit that Badger directed racially derogatory comments …
Washington State Supreme Court Allows Withdrawal of Juvenile's Guilty Plea to Sex Offense by On January 28, 2010, the Supreme Court of Washington State issued an opinion allowing a juvenile to withdraw a guilty plea to a sex offense due to ineffective assistance of appointed counsel and misunderstanding the charge. …
Washington State Agrees to Pay $275,000 to Settle Employment Discrimination Claim by The State of Washington has agreed to pay $275,000 to a female Department of Corrections (DOC) employee who experienced harassment because of her gender, and retaliation as a result of an EEOC complaint about the matter. Carol Grandmontagne …
Article • May 15, 2011
Connecticut DOC Guards Terminated For Outlaw Motorcycle Club Association by Connecticut Department of Corrections (DOC) guards appealed the dismissal of their 42 U.S.C. § 1983 action after being disciplined and terminated for associating with an Outlaw Motorcycle Club (OMC) in violation of DOC policy directives. The dismissal was affirmed. DOC …
California’s Megan’s Law Applies Retroactively by California’s Fourth District Court of Appeal has affirmed that the California version of “Megan’s Law” may be retroactively applied to persons convicted of qualifying crimes prior to the statute’s 2004 enactment and subsequent amendments. In so holding, the Court rejected the petitioners’ equitable estoppel …
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