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Felon Disenfranchisement Statute Does Not Violate Voting Rights Act by Brandon Sample The good news for Washington state prisoners wanting to restore their voting rights? The state’s felon disenfranchisement statute violates the Voting Rights Act (VRA), a panel of the U.S. Court of Appeals for the Ninth Circuit held on …
Sixth Circuit OK’s Federal Judge’s Membership in Racist and Sexist Country Club by On April 8, 2011, on a vote of 10 to 8, the Judicial Council of the Sixth Circuit Court of Appeals adopted the recommendation of the Council’s Standing Investigating Committee and dismissed a complaint filed against a …
Article • May 15, 2011 • from PLN May, 2011
California: Continued Resistance Among Prisoners and Prison Officials Alike Slows Attempts to End Housing Segregation by Michael Brodheim by Mike Brodheim Five years after the U.S. Supreme Court held in Johnson v. California, 543 U.S. 499 (2005) [PLN, July 2005, p.22; April 2004, p.40] that California’s policy of housing prisoners …
Brief • May 11, 2011
California v. North Side Oakland, CA, Appellants Reply Brief, gang affiliation proof, 2011 JULIA SHERWIN (State Bar No. 189268) MICHAEL J. HADDAD (State Bar No. 189114) GINA ALTOMARE (State Bar No. 273099) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Fax: (510) 452-5510 Attorneys for Defendant-Appellant …
Protecting Society or Fooling Ourselves? Research-Based Insights on Sex Offender Policy in the United States by Dr. DJ Williams Dr. DJ Williams and Robbie Jenks, Idaho State University USA “There is always a well-known solution to every human problem—neat, plausible, and wrong.” – H. L. Mencken Since the early 1990s, …
Article • April 15, 2011
Second Circuit Reverses Summary Judgment for Connecticut Prisoner Allegedly Misclassified as a Sex Offender by The U.S. Court of Appeals for the Second Circuit has reversed a grant of summary judgment for a Connecticut prisoner who had alleged that he was misclassified as a sex offender. Joe Vega sued Connecticut …
Article • April 15, 2011
No Summary Judgment on Mail Delay Claim by A federal court in California has denied prison officials summary judgment on injunctive relief claims as to delayed delivery of prisoner mail. However, the court denied damages as to that claim and granted prison officials summary judgment on several other claims. California …
Seventh Circuit Remands Illinois “Crutch Policy” Case; District Court to Evaluate Class Certification for Damages by Mark Wilson The Seventh Circuit Court of Appeals affirmed a lower court’s denial of class certification for injunctive relief, but remanded for further consideration of class certification for damages in an Illinois jail medical …
Article • April 15, 2011
Georgia Life Sentence for Failure to Register is Unconstitutional by by Mark Wilson With one Justice “strongly dissenting,” the Georgia Supreme Court held that a mandatory life sentence for failing to register as a sex offender violates the proportionality clause for the United States Constitution. In 1996, Georgia first enacted …
Article • April 15, 2011
Offense of Conviction Need Not Be Sexual to Receive Sex Offender Restrictions by by Brandon Sample Sex offender restrictions may be imposed on offenders whose offense of conviction did not involve sexual misconduct, the U.S. Court of Appeals for the Tenth Circuit decided December 18, 2008. The Court of Appeals …
Judicial Review of Disciplinary Conviction Not Moot Upon Prisoner’s Release by On December 9, 2008, the Tennessee Court of Appeals at Nashville found that a former prisoner’s petition was not moot strictly because he had been released from custody. The appellate court remanded the case for a complete review of …
Washington State: Polygraphs Not Required for Relief from Sex Offender Registration by As juveniles, Jeffrey Hooper and Terry Felice were found guilty of sex crimes that required them to register as sex offenders. In 2008, as adults, they each filed petitions asking the Spokane County Superior Court to relieve them …
Article • April 15, 2011
Transient Sex Offender Not Required to Provide Address by On July 18, 2009, Washington State charged Phillip Flowers with failure to register as a sex offender as required by RCW 9A.44.130(11)(a). Flowers subsequently filed a Knapstead motion, which was granted by the district court. The State then appealed that ruling. …
Florida Department of Corrections and Wackenhut Corrections Corporation Paid $35,000 Settlement in Discrimination Lawsuit by Wackenhut Corrections Corporation and the Florida Department of Corrections (FDOC) paid $35,000 to settle a discrimination and retaliatory practices lawsuit. In his civil complaint, ex-FDOC senior psychologist Majid A. Shams, who is of Iranian descent, …
Summary Judgment Granted to a County Sheriff for a Civil Detainees Civil Violation by A California Federal District Court granted defendant’s motion for summary judgment in a lawsuit alleging violation of a civil detainee’s Fourth Amendment rights. Civil detainee John T. Sundquist was at the Atascadero State Hospital under the …
Second Circuit Rejects Due Process Challenge to SORNA Conviction by On December 16, 2009, the U.S. Court of Appeals for the Second Circuit upheld a sex offender’s conviction under the Sex Offender Registration and Notification Act (SORNA) against a due process challenge. Travis Hester was convicted of a sex offense …
State Law Registration Requirements Trigger SORNA by On December 15, 2009, the U.S. Court of Appeals for the Eleventh Circuit upheld a sex offender’s conviction under the Sex Offender Registration and Notification Act (SORNA). David Griffey was convicted of a sex offense in Illinois, but later moved to Alabama after …
Federal Court Rejects California’s Attempt to Terminate Clark Remedial Plan, Grants $2.3 Million in Attorney’s Fees by Michael Brodheim by Mike Brodheim On August 26, 2010, the U.S. District Court for the Northern District of California issued proposed Findings of Fact and Conclusions of Law after conducting a hearing to …
Brief • April 8, 2011
Filed under: Native American
Limbaugh v. Thompson, AL, Amicus Brief - Rluipa, Native American Long Hair Beard Growth, 2011 Case 2:93-cv-01404-WHA -CSC Document 523 Filed 04/08/11 Page 1 of 16 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION James Morning Raven Limbaugh, et al., Plaintiffs, v. Civil No. 2:93-cv1404-WHA Leslie …
Brief • April 8, 2011
Filed under: Native American
Limbaugh v. Thompson, AL, Statement of Interest, Native American Long Hair, 2011 Case 2:93-cv-01404-WHA -CSC Document 523 Filed 04/08/11 Page 1 of 16 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION James Morning Raven Limbaugh, et al., Plaintiffs, v. Civil No. 2:93-cv1404-WHA Leslie Thompson, et al. …
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