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Abuse and Assaults Continue at Pennsylvania Jail by David Reutter by David M. Reutter An attorney representing a prisoner who suffered a near-fatal attack by another prisoner at Pennsylvania’s Lackawanna County Prison (LCP) has claimed that the incident demonstrates a pattern of mistreatment by staff at the facility. Prisoner Nicholas …
Seventh Circuit Holds That A Prisoner’s Verbal Complaints About Racist Guards May Be Protected Speech by Retaliation for verbally complaining about a prison guard who hung a noose where prisoners could see it, the Seventh Circuit has held, may constitute an infringement of a prisoner’s First Amendment free speech rights. …
Article • February 15, 2011 • from PLN February, 2011
Washington State Sheriff’s Classification of Sex Offender Violates Separation of Powers by The State of Washington Division II Court of Appeals has held that the legislature violated the separation of powers by allowing the sheriff’s office to classify sex offenders to levels of supervision without providing guidance. Before the Court …
Brief • January 20, 2011
California v. North Side Oakland, CA, Appellants Opening 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 …
Civilly Committing Sex Offenders Strains Some States’ Budgets by Matthew Clarke by Matt Clarke The twenty states that have civil commitment programs will spend close to a half-billion dollars in 2010 to incarcerate and provide treatment for some 5,200 civilly-committed sex offenders. The per-offender cost for civil commitment is much …
Article • January 15, 2011 • from PLN January, 2011
North Carolina Prison Censorship Class Action Suit Settled by A settlement has been reached in a class action lawsuit that challenged the way the North Carolina Department of Corrections (NCDOC) administers its policies related to the receipt of books and magazines by prisoners. The suit sought to enforce the First …
Article • January 15, 2011 • from PLN January, 2011
California: Confiscation of Prisoner’s Mail May Violate First Amendment by In a First Amendment case alleging improper confiscation of a state prisoner’s incoming and outgoing mail, U.S. District Court Judge Susan Illston denied a motion for summary judgment filed by prison officials. In 2007, Marcus Harrison, a validated member of …
Fourth Circuit Vacates Pornography Restriction on Federal Defendant by The U.S. Court of Appeals for the Fourth Circuit has vacated a set of supervised release conditions that prohibited a defendant from possessing pornography, entering places where pornography could be obtained, having contact with children and requiring that the defendant undergo …
Article • January 15, 2011 • from PLN January, 2011
Audit Report Finds Georgia Sex Offender Registry Needs Complete Overhaul by David Reutter by David M. Reutter The federal Jacob Wetterling Act of 1994 imposed a duty on the states to establish sex offender registry programs, including life-long registration for offenders classified as sexually violent predators. In 1996, Megan’s Law …
Article • January 15, 2011 • from PLN January, 2011
California Governor Orders Corrections Officials to Retain Parole Files Indefinitely by The killing of a 17-year-old girl by a sex offender whose parole records had been destroyed resulted in a minor political frenzy in California. The Associated Press requested the parole records of John Albert Gardner III, who was charged …
Article • January 15, 2011 • from PLN January, 2011
Washington Supreme Court Holds No Liberty Interest in Sex Offender Release to Community Custody by The Washington Department of Corrections (DOC) may lawfully deny sexually violent predators early release to the community, the Supreme Court of Washington decided August 20, 2009. In so holding, the court concluded that RCW 9.94A.728(2) …
Brief • January 14, 2011
Taylor v. Clark et al, CA, Plf Response to Def Mot for SJ, Deaf Prisoner Accommodation Excessive Force, 2011 Case 1:07-cv-00032-AWI-SMS Document 131 5 CARTER C. WHITE, CSB # 164149 KING HALL CIVIL RIGHTS CLINIC U. C. Davis School of Law One Shields Avenue, Bldg. TB-30 Davis, CA 95616-8821 Telephone: …
Brief • January 13, 2011
Halloum v. Ryan, AZ, Complaint, Racial Discrimination & Retaliation, 2011 ,.•.•...; : '••' ...... •, :;, · - · ~••- ~ - : . : \ : . >. :.':··-.: ... ·. .., -:: . ... .. --_·.·· .. ··•: :-'.CIVII..,RIGl!TS·COMPLA;INT·.. ,_-_-,.-_:,. · -:·.) ·_ .- · -- . c.: …
Taser Timeout by Kelly Virella In 2005, the sheriff of Kankakee County, Illinois discovered the alchemy necessary to turn the financial burden of operating jails into a financial boon. He rented to other agencies—including Cook County Jail—as many of his 668 beds as possible. Running a jail—particularly, leasing the beds—is …
U.S. Supreme Court Holds Federal Civil Commitment Statute Lawfully Enacted by Brandon Sample Congress did not exceed its powers under the Necessary and Proper Clause in authorizing the federal civil commitment of “sexually dangerous” federal prisoners upon the completion of their sentences, the U.S. Supreme Court decided May 17, 2010. …
Private Prison Companies Behind the Scenes of Arizona’s Immigration Law by Beau Hodai “Beside my brothers and my sisters, I’ll proudly take a stand. When liberty’s in jeopardy, I’ll always do what’s right. I’m out here on the frontline, sleep in peace tonight. American soldier, I’m an American soldier...” So …
Child Porn Investigations May Snare the Innocent by Michael Rigby by Mike Rigby A new threat looms in the Internet age – the threat of improper prosecutions and wrongful convictions for the unwitting receipt, possession or attempted possession of child pornography. Everyone is at risk, as these offenses can be …
Fifth Circuit Delineates Process Due Before Imposition of Sex Offender Parole Conditions by Matthew Clarke by Matt Clarke On May 20, 2010, the Fifth Circuit Court of Appeals held that Texas parolees who had never been convicted of a sex offense, but were subject to onerous sex offender parole conditions …
Brief • November 9, 2010
Minnis v Johnson VDOC, VA, Consent MTD - Settlement Agreement, deaf disabled prisoners, 2010 Case 1:10-cv-00096-TSE-TRJ Document 107 Filed 11/09/10 Page 1 of 32 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division GARY MINNIS, et al., Plaintiffs, v. GENE JOHNSON, et al., Defendants. ) …
Gartrell v. Federal Bureau of Prisons, PA, Complaint, Muslim Prayer Policy, 2020 Case 1:10-cv-02160-WWC-PT Document 1 Filed 10/20/2010 Page 1 of 23 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ISADORE GARTRELL, Plaintiff, v. FEDERAL BUREAU OF PRISONS; HOWARD HUFFORD, individually and in his official capacity …
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