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Article • December 15, 2007
Arresting Protestors Without Warrant Verdict Upheld by The Court of Appeals for the District of Columbia affirmed a jury verdict finding the class plaintiff's rights were violated when they were arrested on the U.S. Capitol steps without warrant. The class plaintiffs, who were Congressman Ronald V. Dellums, engaged in a …
Article • December 15, 2007
Maryland Public Information Act Requires Disclosure of Criminal Case File To Defendant by Maryland's Court of Special Appeals has held that a criminal defendant is entitled to disclosure relating to his prosecution for murder upon request under the Maryland Public Information Act (MPIA) once there is no pending proceeding. Maryland …
Michigan DOC Employees Immune From State Court Damages for Raping Women Prisoners by The Michigan Court of Appeals has held that claims for monetary damages from violations of The Michigan Constitution do not exist against individual government employees. Such claims, however, may ensue for violations of Michigan's Civil Rights Act. …
Article • December 15, 2007
Disclosure of HIV-Status is Constitutional and Tort Claim in Wisconsin by On August 29, 1991, a Wisconsin court of appeals held that a trial court should not have granted jail officials' motion for summary judgment on a prisoner's Constitutional- and tort-based claims for publicizing his HIV status. Roger M. Hillman, …
Article • December 15, 2007
Intent--Not Ability--To Transmit HIV Matters in Attempted Murder Trial by On October 31, 1991, an Indiana court of appeals held that the intent of a person who was resisting police to transmit HIV determined whether he was guilty of attempted murder, not his actual ability to transmit the virus. Donald …
Article • December 15, 2007
Prima Facie Showing of Actual Innocence Defeats Texas Successive Writ Rule by On April 4, 2007, the Texas Court of Criminal Appeals held that a state prisoner may defeat the rule against filing a successive state application for a writ of habeas corpus, Article 11.07, Section 4, Texas Code of …
Article • December 15, 2007
Arizona Applies PLRA to State Court § 1983 Suits by by Bob Williams Relying on the Prison Litigation Reform Act (PLRA) language providing no action shall be brought without exhaustion of remedies, and upon Congress' desire that federal rights laws be applied uniformly within each state, the Arizona court of …
Article • December 15, 2007
Guards Injured Off Duty Assisting Accident Victims Not Entitled to Benefits by Ryan Pettigrew petitioned for a writ of review in the Third District California Appellate Court when he was denied workers' compensation after being injured while helping victims and guards at the scene of a traffic accident. The court …
One-Off Offing: Why You Won't See a Disbarment Like Mike Nifong's Again by David Feige By David Feige Posted Monday, June 18, 2007, at 6:04 PM ET Now that justice has prevailed in the Duke rape case, with the nice innocent boys exonerated and the prosecutor who hounded them disbarred, …
Article • December 15, 2007
Massachusetts’ Corrections Commissioner Has Duty to Comply with Court’s Transfer Order by Massachusetts' Corrections Commissioner Has Duty to Comply with Court's Transfer Order The First Circuit Court of Appeals has held that a district court has authority to order a Corrections Commissioner to transfer prisoners to create constitutional conditions. That …
Article • December 15, 2007
Tennessee Act Exempts Only Pending Investigative Materials From Public Disclosure by City of Memphis Police Department Director, John Holt, sought reversal of a Tennessee Court of Appeals affirmation of an order allowing closed investigative file access to the Memphis Publishing Company (media). The order was affirmed. A shootout ensued in …
Article • December 15, 2007
Tennessee Prisoners Entitled to Submit Public Records Act Requests by Tennessee State prisoner Robin Cole challenged an appellate affirmation of his denial to make Public Records Act (Act) requests. The denial was reversed in the case of first impression. Cole requested documents from the Commissioner of Corrections regarding a riot …
Texas Attorney General Determines Documents' Exemption After Use of Force Against Prisoner by The Office of the Attorney General (AG) for the State of Texas opined the legal parameters regarding the release of investigative records and polygraph procedures used for testing employees of the Department of Criminal Justice (TDCJ). This …
Amended Tennessee Statute Ruled Retroactive For Denial Of Records Request by Tennessee State death row prisoner Richard Taylor's attorney, Sabin Thompson, appealed a 1991 dismissal of a petition to compel the Internal Affairs Division (IAD) of the Department of Corrections (DOC) to produce records concerning Taylor's murder conviction, The records …
Article • December 15, 2007
THE RISE OF AMERICA'S PRISON-INDUSTRIAL COMPLEX by David Ladipo David Ladipo JAN-FEB 7 2001 Bill Clinton memorably entered the White House over the body of poor, lobotomized Ricky Ray Rector, whose execution he hurried back from the inaugural ceremonies to attend in Arkansas. As he departs, the American prison population …
Wrongful Death At Wallens Ridge State Prison Settled For $1,540,000 by In 2002, the state of Connecticut paid $1.1 million and in 2003 the state of Virginia paid $350,000 to the family of Connecticut state prisoner Larry Frazier who died a torturous death in a supermax prison. To ease Connecticut …
Article • December 15, 2007
New York Settles Prisoner Slip & Fall Case for $7,500 by The New York Department of Correctional Services has settled a prisoner's slip and fall claim for $7,500 including attorney fees. While wearing state issued slippers with rubber soles, New York state prisoner Grace Delarossa slipped and fell on a …
Article • December 15, 2007
States' Incarceration Costs Continue to Rise by Robert Woodman by Robert H. Woodman In June 2004, the Bureau of Justice Statistics (BJS) reported that from fiscal year (FY) 1986 to FY 2001, States' corrections costs rose from $65 per U.S. resident to $134 per U.S. resident. The BJS reported that …
Article • December 15, 2007
Eighth Circuit Holds Partial Exhaustion Requires Total Dismissal by The Eighth Circuit Court of Appeals held that 42 U.S.C. § 1997e(a) requires dismissal of a complaint alleging multiple prison conditions claims against multiple defendants, when each claim against each defendant was not fully exhausted administratively before filing. Missouri prisoners Malik …
Article • December 15, 2007
State Secrets Privilege Protects U.S. in. Erroneous Rendition Suit by Matthew Clarke By Matthew T. Clarke 0n May 12, 2006, a federal district court in Virginia ruled that a German citizen who allegedly was mistaken for a terrorist, kidnapped, flown to a foreign country, isolated and tortured by CIA personnel …
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