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Seventh Circuit: Wisconsin Supermax Conditions Unconstitutional by by John E. Dannenberg PLN has oft reported on the psychologically debilitating conditions at the Wisconsin Department of Corrections’ supermax prison at Boscobel. [See, e.g., PLN, April 2002, p.1, Barbaric Conditions at Wisconsin Supermax Result in PI to Transfer Mentally Ill Prisoners]. The …
Article • July 15, 2008
Massachusetts Prison Official's Ordered To Improve Prisoners' Treatment by Massachusetts State corrections officials (appellants) challenged a court order requiring better treatment for prisoners at the Massachusetts Correctional Institution (MCI) at Walpole claiming that the court exceeded it's statutory authority. The order was affirmed and no separation of powers doctrine violation …
Article • July 15, 2008
Murder Cover Up Action By Sharonville, Ohio Police Settles For $1.5 Million by City of Sharonville (Ohio) officials engaged in a $1.5 million settlement in 2006 which dismissed a federal suit for police misconduct. Detective James Cramer, under the supervision of then police chief William Nuss, allegedly hindered an investigation …
Article • July 15, 2008
King County Washington Prisoner Gets over $3,100 for False Imprisonment by Terry Sybil, a King County, Washington prisoner, served 10 days in the county jail on a bench warrant, but the warrant wasn't recalled. He was later arrested and held for 27 1/2 hours on the same warrant and sued …
Article • July 15, 2008
Mistakenly Released Washington Jail Prisoner Kills Woman; Estate Wins $1,525,000 in Lawsuit by Lloyd Monroe, a state prisoner in the Whatcom County, Washington jail for no-contact order violations, was mistakenly released. A couple of days later he raped and killed Michelle Smith, the woman who the no-contact order was supposed …
Article • July 15, 2008
Texas Act Requires Compelling Reasoning for Nondisclosure of Requested Prisoner Information by The Office of the Attorney General (AG) of the State of Texas opined the legal parameters regarding the release of prisoner information by the Texas Department of Criminal Justice (TDCJ). The opinion is in accordance with the State's …
Rikers Island Guard Awarded $1 Million For Sexual Harassment By His Captain by Rikers Island (New York) prison guard Scott Singleton brought federal action against the City of New York for civil rights violations after sexual harassment by his captain ruined his home life and separated him from his daughter. …
Article • July 15, 2008
Proceedings Ordered After Colorado DOC Ignored Information Request From Segregated Prisoner by Colorado State pro se prisoner Bobbie Pruitt appealed his court-dismissed information request from the Colorado Department of Corrections (DOC) under the Colorado Open Records Act (CORA). The trial court ruled that the information was not "public record." On …
Article • July 15, 2008
Signed Policy, Compelling Interest Permits Colorado County Employee’s Sexually Explicit Email's Disclosure by Arapahoe County (Colorado) Clerk and Recorder, Tracy Baker, and Deputy Clerk Leesa Sale, appealed the court-ordered disclosure of 622 emails and an investigative sexual harassment report. 570 of the emails contained sexually explicit messages between Baker and …
Article • July 15, 2008
Colorado Courts Have No Statutory Duty To Alter Records For Inspection in Electronic Format by The Office of the Colorado State Court Administrator (SCA) appealed the court-ordered release of magnetic computer tapes containing civil and criminal information on people to Background Information Services (BIS). The order was reversed because the …
Article • July 15, 2008
Investigative Evidence Seized From Colorado Homes Subject To CCJRA, Not CORA Provisions by Colorado resident parents of Eric Harris and Dylan Klebold (parents) challenged a Colorado appellate ruling that seized murder preparation recordings made by their sons were governed by the Colorado Open Records Act (CORA) and not the Colorado …
Washington Civilly Committed SVPs Entitled To Less Restrictive Alternative Than McNeil Island by In a brief opinion, the United States Court of Appeals for the Ninth Circuit upheld a decision by the United States District Court for the Western District of Washington which required a "less restrictive alternative" facility to …
Article • July 15, 2008
Washington Civil Commitment Injunction Reaffirmed; No Appellate Jurisdiction to Review Contempt Sanctions by The United States Court of Appeals for the Ninth Circuit reaffirmed their ruling upholding the so-called "Turay Injunction" but refused to hear an appeal of $10 million., in contempt sanctions against the defendants due to lack of …
Article • July 15, 2008
Massachusetts Correctional Institution's BX Unit Ruled Inhumane by Massachusetts Correctional Institution at Bridgewater (MCI) representative, Frank Hall, and other officials objected to a magistrates report finding unconstitutional conditions of confinement at MCl's BX Unit (Unit). The report was adopted and remanded for the magistrate's remedial instruction as Special Master. The …
Virgin Islands Prison Ordered Revamped After Ignoring Court's Warnings by U.S. District Court Judge Warren Young ordered change-at the Golden Grove Adult Correctional Facility (GGACF) in St. Croix, Virgin Islands. The court's original recommendation spurred by numerous complaints was ignored, leading to a persuasive Memorandum Opinion and accompanying order in …
Post-Trial Litigation Fees Awarded Michigan Prisoner After Guard-Ordered Attack by Michigan State prisoner Barton Allen motioned to recover post-litigation fees after being awarded $200,000 in a 42 U.S.C. § 1983 action for a guard-ordered assault. $3,757.50 in attorney's fees were awarded for litigating against the defendant's unsuccessful remittitur petition. A …
Article • July 15, 2008
South Carolina Prisoners' Furlough Eligibility Prior To 1993 Amendment Grand-fathered by South Carolina State Corrections and Parole entities appealed a judgment entitling prisoners within six months of release to participate in a furlough program. The program's eligibility requirements were changed by a 1993 statutory amendment. The court affirmed the judgment. …
Article • July 15, 2008
Ohio DNA Testing Provisions Allow Relevancy Determination Prior To Requiring Mitigative Submission by The Ohio State Court of Appeals reversed the denial of DNA testing requests by prisoner Paul Buehler concerning his 1985 murder conviction but certified a conflict of statutory authority to the Supreme Court. The denial was reinstated …
Article • July 15, 2008
Massachusetts Woman's Nonproductive Informant Based Vaginal Drug Search Ruled Non Actionable by Massachusetts resident Shirley Rodriques petitioned for review of a 1986 appellate summary judgment grant to defendants for qualified immunity in her action for her unproductive vaginal drug search. The Supreme Judicial Court, sua sponte, assumed jurisdiction and affirmed …
Article • July 15, 2008
Florida Contractors Providing Government Services Bound By Public Records Act by Miami Dade County (Florida) created contractor, Dade Aviation Consultants (DAC), appealed a court order to produce records to Knight Ridder, Inc. The records pertained to a lobbyist group hired to assist their renovation of Miami International Airport. The order …
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