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No Qualified Immunity in Civil Commitment Phone Monitoring by The Ninth U.S. Circuit Court of Appeals reversed summary judgment granted by the U.S. District Court, Western District of Washington, to officials at the Special Commitment Center (SCC) for sex offenders at McNeil Island, Washington. This case is part of ongoing …
Article • July 15, 2004 • from PLN July, 2004
District of Columbia May Be Liable for Prisoner's Inadequate Medical Care by District of Columbia May Be Liable for Prisoner's Inadequate Medical Care The U.S. Court of Appeals for the District of Columbia, reversing and remanding the district court, held that a D.C. prisoner incarcerated in a Virginia state prison …
Brief • June 16, 2004
Noren v. Washington State Department of Corrections, Complaint, 2004 .. J -«. RM aA TORT CLAIM FO . STANDARD STANDARDTORT~'~ I'ORM 210 Ganar d Waft Claim m~2tD ~IJIIIIlIIyCfdn. 'I ~L @IL • I w.t..... •... ReM"-' to RON 492, Mb than la provided pumusid 10 PIIIUInt pravIdedfor tor your JOUr …
Article • June 15, 2004 • from PLN June, 2004
$22 Million Washington Parole Liability Verdict Affirmed, Review Granted by State Supreme Court by $22 Million Washington Parole Liability Verdict Affirmed, Review Granted by State Supreme Court On August 8, 1997, Vernon Valdez Stewart stole a car, sped through an intersection in Tacoma, Washington, and collided with another vehicle. The …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Good Time
D.C. Prisoners Serving Life Sentences Have No Right to Earn Good Time Credits on Maximum Terms by The United States Court of Appeals for the District of Columbia recently held that prisoners serving life sentences with the possibility of parole have no right to earn good time credits on their …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Parole
Capello Decision Remains Good Law by The Washington Court of Appeals, Division I, held that the Legislature exceeded its authority when it attempted to statutorily overrule the appellate court's decision in In re Personal Restraint of Capello, 106 Wn. App. 576, 24 P.3d 1074, review denied, 145 Wn.2d 1006 (2001). …
Article • June 15, 2004 • from PLN June, 2004
Consent Decree Entered in Unconstitutional BOP Parole Revocation Procedures by Bob Williams Consent Decree Entered in Unconstitutional BOP Parole Revocation Procedures by Bob Williams The United States District Court for the District of Columbia has approved a Consent Decree correcting unconstitutional parole revocation procedures of the United States Parole Commission …
Article • May 15, 2004 • from PLN May, 2004
Washington Prisoners Get Credit for Time Spent at Liberty by The Washington State Supreme Court has held that prisoners mistakenly released early by the State Department of Corrections (DOC) are entitled to credit against their sentences for the time they spend out of custody. In so ruling, the state supreme …
Article • May 15, 2004 • from PLN May, 2004
Filed under: Telephones, Telephone Rates
Washington Failure to Disclose Prison-Phone-Rate Suit Dismissed, State Supreme Court Grants Review by Sam Rutherford Division I of the Washington State Court of Appeals has affirmed a trial court dismissal of an action challenging phone companies' failure to disclose the rates for collect calls made by Washington prisoners. Relief was …
Article • May 15, 2004 • from PLN May, 2004
No Ex Post Facto Violation in Forcing Washington Prisoner to Take Stress and Anger Classes by No Ex Post Facto Violation in Forcing Washington Prisoner to Take Stress and Anger Classes The Washington state supreme court unanimously held that a prisoner determined by the Washington state Department of Corrections (DOC) …
New Trial Ordered in Washington Strip Cell Conditions Suit by The Ninth circuit court of appeals has reversed for a new trial a Washington state prisoner's claim that he was placed in barbaric strip cell conditions for ten days because the district court allowed prejudicial hearsay testimony to be admitted …
Article • May 15, 2004 • from PLN May, 2004
Filed under: Money/Property, Restitution
Confinement for Willful Failure to Pay LFOs Upheld by The Washington state court of appeals held that confining a criminal defendant for 60 days for failing to pay his legal financial obligations (LFOS) was proper. In 1993, John Woodward pleaded guilty to burglary and auto theft charges, for which he …
Article • May 15, 2004 • from PLN May, 2004
Washington Medical Claim Reinstated by The U.S. Ninth Circuit Court of Ap-peals reversed part of a grant of summary judgment to Washington State Penitentiary (WSP) officials in an Eighth Amendment challenge of WSP medical policies and practices. WSP prisoner Garrett Linderman sued WSP officials under 42 U.S.C. § 1983 for …
$13,500 Damages Paid to Two Illegally Detained Washington DOC Prisoners by The Washington state Division of Risk Management (DRM) paid claims totaling $13,000 to two state prisoners who were illegally arrested and incarcerated by the Washington Department of Corrections. Michael Buffington had been sentenced in King County Superior Court to …
Article • April 15, 2004 • from PLN April, 2004
Washington DOC/King County Settles Negligent Supervision Case for $3.1 Million by Washington DOC/King County Settles Negligent Supervision Case for $3.1 Million On March 9, 2003, the Washington Department of Corrections (DOC) and King County agreed to pay $3.1 million to the family of a woman who was brutally raped and …
Article • April 15, 2004 • from PLN April, 2004
Supplemental Parole Violation Warrant Filed After Sentence Expiration Illegal by Supplemental Parole Violation Warrant Filed After Sentence Expiration Illegal A federal district court for the District of Columbia has held that a parolee cannot be violated for activity alleged in a supplemental warrant filed after expiration of the original sentence. …
Fighting for Fair Phone Rates by Deborah M Golden Fighting For Fair Phone Rates by Deborah M. Golden In 2000, a group of prisoners, loved ones of prisoners, and attorneys filed a lawsuit in the U.S. District Court for the District of Columbia challenging the high cost of collect calls …
California Has Difficulty Placing First Released Sexually Violent Predator by The California Department of Correc-tions (CDC) released its first civilly committed sexually violent predator (SVP) in August, 2003, after he had "graduated" from seven years of rehabilitation at Atascadero State Hospital (ASH), CDC's lockup unit for SVPs. A large public …
Washington Sex Offenders' Release Plans Must Be Processed by The Washington State Court of Appeals for Division 1 has held that the Washington Department of Corrections (DOC) must process sex offenders' release plans, even if they are being referred for civil commitment as sexually violent predators. William Dutcher was a …
$250,000 Settlement Paid to Seattle Jail Guard Assaulted by Released Prisoner by $250,000 Settlement Paid to Seattle Jail Guard Assaulted by Released Prisoner On July 30, 2002, King County Jail guard Heather Van Vleck, who was assaulted and injured on the job by a violent prisoner just released from state …
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