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Article • January 15, 2008
Court Orders Disclosure of Witness' Information Regarding Lethal Injection Executions in Pennsylvania by Pennsylvania death row prisoner Michael Travaglia appealed the Department of Corrections' (DOC) 1996 refusal to disclose to his attorney, Mark Lesco, various documents regarding lethal injection procedures and the selection process and identities of witnesses to executions. …
Article • January 15, 2008
Disclosure of Drug Detecting Devices and Specific Operation Details at Prison Prohibited by Pro se Pennsylvania state prisoner George Vargo petitioned for review of documents regarding drug detection equipment after the Pennsylvania Department of Corrections (DOC) denied disclosure in 1998. The court affirmed the denial as to specific methods used …
Article • January 15, 2008
Documents Exempt from Viewing under Public Records Act Allowed with Confidentiality Agreement by Because of an underlying civil action brought in Massachusetts against the Bright Horizons Children's Center, Inc. (the Center), alleging sexual abuse of a minor child, the Center sought records of the completed investigation from the district attorney …
Article • January 15, 2008
Documents Explaining $145 Million Paycheck from Commonwealth Public Funds Not Discloseable by Pennsylvania Senators Gerald Lavalle and Richard Kasunic (Senators) appealed a court's ruling denying them access to a report involving disbursement of public funds. The funds were used to settle an action against the Commonwealth for breech of contract. …
Article • January 15, 2008
Illinois Seizes Prisoner’s Life Insurance Inheritance by Illinois Seizes Prisoner's Life Insurance Inheritance Leonce J. Ruckman, an Illinois state prisoner who has been incarcerated since 1988, received the benefits of his mother?s life insurance policy after she died. He used some of the money to purchase a MetLife annuity with …
Article • January 15, 2008
Municipal Agreements with Contract Insurance Agencies are Public Record by Westmoreland County Housing Authority (WCHA) appealed a 2001 order of the Commonwealth Court of Pennsylvania requiring them to disclose a settlement agreement to the Tribune Review Publishing Company (Tribune) under the state's Right to Know Act (Act). The WCHA claimed …
Pennsylvania DOC's Nondisclosure of Documents Regarding Chemical Incident Upheld by Court by Pennsylvania state prisoner Christopher Heffran petitioned for review of the Department of Corrections' (DOC) non-production of requested documents regarding his asthma attack. The DOC stated that the requested documents were not public records under the Right to Know …
Article • January 15, 2008
Pennsylvania Settlement Agreement Ordered Disclosed for Involvement of Public Funds Disbursement by Pennsylvania's Lower Saucon Township (Township) appealed a court order requiring them to produce for inspection a settlement agreement resulting from a federal suit against its local police. The court affirmed the order for production because the agreement involved …
Article • January 15, 2008
CA Cop's Disciplinary Action Held Confidential by Copley Press, Inc. requested documents related to a cop's disciplinary proceedings in the San Diego Civil Service Commission (Commission). The Commission refused to provide them, and Copley filed suit to compel disclosure under the California Public Records Act (Act). The trial court denied …
Article • January 15, 2008
Fed Prisoner Wins FOIA Action Requesting Informant's Names by Kenneth H. Linn, a federal prisoner, requested from the U.S. Dept. of Justice (the DOJ) a number of documents associated with his conviction, pursuant to the federal Freedom of Information Act (the Act), 5 U.S.C. § 552 et seq. When the …
Article • January 15, 2008
Fed Prisoner's Conviction for Possessing Body Armor Affirmed by Carl Patton, a federal prisoner with a violent criminal history, was convicted under federal law of unlawful possession of body armor pursuant to 18 U.S.C. § 931. He claimed that the Commerce Clause of the U.S. Constitution didn't authorize Congress to …
Fed Prisoner's FOIA Request for Investigation-Related Documents Properly Denied by In 1997, Willie E. Boyd, a federal prisoner, was convicted of charges related to a gun and bag of cocaine found in his girlfriend's closet. He later discovered that his girlfriend's brother was a government informant who had sold drugs …
Article • January 15, 2008
Fed Prisoner's Non-Custodial Escape was a Crime of Violence for Sentencing Purposes by Deondery Chambers, a federal prisoner, pled guilty to being a felon in possession of a firearm. The district court judge found that he had three violent priors and sentenced him to 188 months as an armed career …
Article • January 15, 2008
Filed under: Sentencing, Parole, Immigration
Illegal Alien Not Required to Submit Dual Parole Plans in California by California's First District Court of Appeals has held that a prisoner is not required to prepare a parole plan for both California and a country he will be deported to if there is a conclusive presumption that he …
MA Prison Conditions Might Amount to Cruel and Unusual Punishment by Richard Smith, a Massachusetts state prison at MCI-Concord, sued 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 claim that …
Nebraska Mental Health Patients' Class Action Shot Down for Class Overbreadth by Numerous involuntarily committed mental health patients in Nebraska filed a federal class action lawsuit seeking declaratory and injunctive relief, claiming sexual and physical abuse by male staff and patients at three state facilities. They also claimed an array …
Article • January 15, 2008
Nebraska Prisoner's Transfer to Another Prison Was Lawful by Robert Hunt, a Nebraska state prisoner, is a Seventh Day Adventist. After nearly 20 years at the Nebraska State Penitentiary (NSP), he was transferred to the Tecumseh State Correctional Institute (TSCI) against his will. As a result he lost his job …
Article • January 15, 2008
NM Prisoner Wins $490,000 for Warrantless Blood Draw by Jimmie Marshall was arrested by Hobbs, New Mexico police for driving under the influence. He submitted to a breathalyzer test but was also taken to a hospital where his blood was drawn for drug testing against his will. In 1999 Marshall …
Bivens Action Inapplicable to Private Prison Employees by The Fourth Circuit Court of Appeals has held that individual employees of a privately-operated prison are not subject to Eighth Amendment liability under a Bivens action. Before the Court was the defendants' appeal of a North Carolina federal district court's denial of …
The Poisoned Pen of Fort Lyon Prison by Alan Prendergast Bought by the state for a dollar, Fort Lyon is rich in history, asbestos, sick prisoners and trouble. by Alan Prendergast History Lesson #1 In 1829, William Bent headed west to join his older brother in the fur business. William …
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