Washington Guards Shoot Now, Ask Questions Later by Roger Smith There had not been a prisoner shot to death by a guard at the Washington State Penitentiary (WSP) in Walla Walla, Washington for more than thirty years. That changed last year. During 2002, under the "capable" leadership of Richard Morgan, …
Washington Supreme Court Reverses Parole Revocation for Failure to Record Hearing by The Washington Supreme Court recently reaffirmed its well-settled rule that parolees need not establish prejudice when challenging the Indeterminate Sentence Review Board's ("ISRB") parole decisions based on procedural violations. Because the Court of Appeals erroneously required a showing …
Joinder of Georgia Annual Parole Hearing Injunction Is Rejected by Paul Wright The Eleventh Circuit US Court of Appeals rejected the attempt of a Georgia life prisoner to use the mechanism of joinder (Fed.RulesCiv.Proc. Rule 20(a)) to gain the benefit of another life prisoner's injunction providing for annual parole consideration …
Henderson v. Washington, DOC, WA, Complaint Campylobacter & Blood Infection, 2003 .' .. .,.. _.-...-.. --- -.... STANDARD TO~T CLAIM FORM General LlablUly n Form #SF 210 STATI:'·OPf.1eE {)F . RISK MANAGEMENT Pursuant to ROW 4.92, this fonn is provided for your convenience when filing a tort claim against the …
Washington DOC Settles ADA Suit for $8,000 by Roger Smith In July 2002, Washington State Department of Corrections (DOC) officials agreed to pay Roger Smith and his disabled wife Laurie $8,000 to settle their lawsuit under 42 U.S.C. § 12132 et seq, Title II of the Americans With Disabilities Act …
Washington Women's Medical Care Consent Decree Ended by The Ninth Circuit Court of Appeals upheld a district court's refusal to extend the terms of a consent decree under the Prison Litigation Reform Act (PLRA). The court also held that the district court improperly declined to consider plaintiffs' motion for contempt. …
$174,175 Awarded in D.C. Conditions and Medical Suit by The United States District Court for the District of Columbia has denied motions by the District of Columbia Department of Corrections (DC DOC) for judgment as a matter of law and for new trial following a jury verdict finding the DC …
Washington Prisoner L & I Statutes Struck Down by Washington Prisoner L & I Statutes Struck Down The Washington Supreme Court struck down a statutory scheme which denies labor and industries benefits to state prisoners with life sentences and no dependents. RCW 51.32.040(3) and 72.60.102 were declared unconstitutional. because they …
$4.47 Million in Washington Negligent Supervision Settlements and Verdicts by Washington State recently settled or was found liable in three separate law suits alleging that it negligently supervised probationers or parolees. Negligent supervision cases are not new in Washington. Since 2000, the State either settled or was ordered to pay …
Interest on Washington Restitution Cannot Be Suspended by In a brief ruling, a Washington state appeals court held that trial courts lack the statutory authority to suspend the accrual of interest on court ordered restitution. Dean Claypool pled guilty to second degree assault charges and, in addition to a prison …
Sole Washington Woman Civil Commitment Taxes System by Lonnie Burton Since 1997, when a court deemed her too dangerous to live in society, Laura McCollum has remained the lone female prisoner at Washington's civil commitment center for sexually-violent predators on the grounds of the state's women's' prison near Purdy. McCollum, …
Delay in MAP Implementation Violates Washington Law by The Washington State Court of Appeals held that the Washington parole board (Board) violated statutes and its own procedures by imposing a Mutual Agreement Program (MAP) with no time frame. The court also held that the Board must clarify a prisoner's right …
Restoration of Voting Rights in Washington by Julya Hampton by Nancy Talner and Julya Hampton Are you registered to vote for the upcoming Presidential election? Even if you have a prior felony conviction, you may be eligible to register to vote in Washington. This article explains how ex-felons can get …
Tribal Funds Exempt from Washington LFO Seizures by In an unpublished order, a federal court in Washington granted a Native American prisoner's motion for summary judgment on the issue of liability of prison officials in seizing monthly tribal per capita allotments from his prison account to satisfy court-ordered legal financial …
Class Action Filed on Washington DOC Seizure of Tribal Funds by On March 29, 2002, a class action suit was filed in a Washington federal court on behalf of all Native American prisoners in the Washington prison system who have had tribal trust funds seized by the Washington Department of …
Habeas Corpus Sole Remedy for BOP Sentence Reduction by Michael Bourke was convicted in federal court of possessing a machine gun and a controlled substance. He completed a drug treatment program in prison and then sought a one year reduction in sentence pursuant to 18 U.S.C. § 3621(e)(2)(B). The Bureau …
Prisoner Phone Recordings not Exempt from FOIA Disclosure by Prisoner Phone Recordings Not Exempt From FOIA Disclosure The Court of Appeals for the DC Circuit has held that a prisoner is entitled under the Freedom of Information Act (FOIA) to recordings of his properly monitored phone conversations with his attorney …
Washington Jail Settles Work Release Suit by Lonnie Burton On April 25, 2002, United States District Judge Barbara J. Rothstein approved a settlement agreement reached between the King County Jail in Kent, Washington, and a class of female prisoners who had sued alleging discriminatory practices in relation to access to …
Washington Police Scientists' Work Under Scrutiny by Innocence Project Northwest (IPNW) is undertaking a review of cases in which Washington State Patrol scientists Arnold Melnikoff and Michael Hoover conducted forensic testing or offered expert testimony. It was recently revealed that Melnikoff engaged in scientific fraud during his tenure as the …
Washington Jail Sued Over Conditions by Lonnie Burton On February 25, 2002, a county jail prisoner in Port Hadlock, Washington brought a class action lawsuit against the Jefferson County jail alleging near barbaric jail conditions that include inadequate health care, frigidly cold cells, broken plumbing, flooding, and inadequate clothing and …
