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Article • August 15, 2008
Filed under: Telephones, Telephone Rates
New York Prison System Phone Kickbacks Upheld; Reversed by Court of Appeals by A New York Supreme Appellate Court has sidestepped ruling on the merits of a lawsuit claiming that the practice of the New York Department of Correctional Services (DOCS) of receiving a commission from prisoner phone calls was …
Article • August 15, 2008
Ninth Circuit: Retroactive Blakely Relief Unavailable on Habeas Corpus, Only on Timely Certiorari by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a state prisoner virtually identically situated as in Blakely v. Washington, 124 S.Ct. 2532 (2004) (sentence may not be enhanced by facts not …
North Dakota DOC's "No-Passing" and "Publisher Only" Rules Upheld by The Supreme Court of North Dakota has upheld the constitutionality of the "no-passing" and "publisher-only" rules of the North Dakota Department of Corrections (DOC). Reuben Larson, a North Dakota state prisoner, filed a petition for a writ of certiorari in …
Article • August 15, 2008
OH Mental Health Service Not Subject to Public Records Act by The state of Ohio created a mental health services board (Board) which was to contract with and govern private mental health providers to ensure that even indigents and the uninsured could receive mental health services. The Board in Stark …
Article • August 15, 2008
Washington State's Duty to Defend Officials Depends on Their Conduct by Washington state Supreme Court Justice Richard Sanders appealed the denial of attorney’s fees in a complaint filed against him by the Commission on Judicial Conduct (Commission) for misconduct in 2003. The appellate court held that no state duty existed …
Article • August 15, 2008
Colorado AG Advises Against Felons Microfilming Department of Revenue Tax Records by Colorado Attorney General (AG) J.D. MacFarlane opined against the Division of Correctional Industries utilizing felons to microfilm Department of Revenue (DOR) tax records. Upon request by Lee White, Executive Director of the Department of Administration, and Alan Charnes, …
Article • August 15, 2008
Hearing on Newly Discovered Evidence Denied; Florida Prisoner's Death Sentence for Prison Escape Killing Stands by Florida state death row prisoner William Van Poyck appealed the dismissal of his post-conviction motion that introduced new evidence of a "trigger man's" admission. The state Supreme Court affirmed the dismissal because Van Poyck's …
Article • August 15, 2008
Nebraska Prisoner's Medical, Mental Suffering Resulting from Segregation Does Not Support Eighth Amendment Violation by Nebraska state prisoner Thomas Fleming brought a federal civil rights action in 2003 alleging violations related to conditions of confinement, due process, inadequate medical care, and inflicted dis-associative disorder. The district court dismissed his Eighth …
$800,000 Awarded to Former California Guard for Racial Discrimination by Diane D. Epps, a former guard at a California Youth Authority (CYA) facility in Norwalk, settled her racial discrimination suit against the state for $800,000. She claimed she was denied promotions and was verbally abused by her supervisors. Epps was …
Article • August 15, 2008
Filed under: Police, False Arrest
$50,000 Settlement for Klickitat County Deputy's Evidence Tampering to Obtain Arrest by Washington state resident Ricky Springs settled a federal lawsuit brought in 2005 against Klickitat County and two deputy sheriffs. The suit alleged civil rights violations for falsifying a recording in order to obtain Springs’ arrest. The lawsuit was …
Article • August 15, 2008
MI Prisoner’s Estate’s Wrongful Death Suit Dismissed Because He Caused His Own Death by Swallowing Illegal Drugs by On an undisclosed date, Michigan resident Terance Graham was arrested for marijuana possession. Just before his arrest he swallowed an ounce of cocaine. Later, at the Washtenaw County Jail, he complained that …
MA Prison Conditions Might Amount to Cruel and Unusual Punishment by Richard Smith, a Massachusetts state prison at MCI-Concord, filed suit against prison officials after being disciplined for fighting. He sued numerous guards and administrators in state court alleging a multitude of constitutional and statutory violations. Among them was a …
Article • August 15, 2008
Louisiana Sheriff Immune When Litter-Crew Prisoners Injured by On April 5, 2006, a Louisiana Court of Appeals held that a prisoner who was injured while working on a litter-abatement crew for the sheriff could not sue the sheriff unless he proved gross negligence or an intentional act by the deputy …
Article • August 15, 2008
Minnesota Police Brutality Suit Settles for $110,000 by Hennepin County (Minnesota) jail detainee Philander Jenkins, accused of two murders, filed a civil rights action in 2005 alleging that Minneapolis policeman Jeff Jindra had assaulted him while handcuffed. The City Council reluctantly settled for $110,000. During a 2003 home search, Jenkins …
Article • August 15, 2008
Second-Degree Escape Considered Violent for ACCA Sentence Enhancement Purposes by Tennessee federal prisoner Collis Lancaster, Jr., appealed his sentence enhancement under the Armed Career Criminal Act (ACCA) after the court classified a prior second-degree escape in Kentucky as a violent offense. His sentence was affirmed because an escape was considered …
Article • August 15, 2008
CHP's Liability for Excessive Force May Depend on Plaintiff's Immigration Status by Pretrial motions in a California U.S. District Court were determined in 2006 concerning Jose Angel Martinez Romero's immigration status as it pertained to his § 1983 excessive force action against the California Highway Patrol (CHP). The CHP's motion …
Article • August 15, 2008
New Hampshire DOC Union Representative Ordered to Reveal Client Admissions by An unnamed New Hampshire Department of Corrections (DOC) union representative (petitioner) appealed a court's refusal to quash a subpoena requiring him to testify before a grand jury. The state Supreme Court denied his appeal and ordered that he reveal …
Illinois Police Misconduct Investigative Documents Ordered Disclosed by Self-proclaimed journalist Jamie Kalven filed a motion to intervene in a 42 U.S.C. § 1983 action for police misconduct which subsequently settled. The motion was granted and production of the investigative documents he sought was ordered. Diane Bond brought an action against …
Article • August 15, 2008
Escape From Jail or Prison Categorically Constitutes Crime of Violence by Montana federal prisoner Shane Savage appealed a sentence enhancement for a prior escape from a state jail that was used to calculate his current sentence. The enhancement was confirmed because the escape categorically constituted a crime of violence under …
Article • August 15, 2008
Filed under: Searches, Strip Searches
Indiana Public Strip Search Held Unconstitutional by Indiana state resident James Campbell appealed a jury's dismissal of his 42 U.S.C. § 1983 action for Fourth Amendment violations after being strip searched in public. The court partially affirmed, but remanded for damages against the cop who had searched him. A police …
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