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Disciplinary Rule Description Rather than Title Controls by The West Virginia Supreme Court of Appeals has held that "it is the content of what is contained under a title that is critical in most instances, not the title" of a "disciplinary rule"(DR). That ruling comes in the appeal of a …
DC Circuit Awards Fees in CIA FOIA Suit by The Court of Appeals for the District of Columbia has held that the appellee in this case was a prevailing party in a lawsuit to enforce his request under the Freedom of Information Act (FOIA), and remanded to determine if he …
Article • December 15, 2007
Federal Law Requiring Felons Submit DNA Sample Constitutional by The Sixth Circuit Court of Appeals has held that a federal statute, 42 U.S.C. § 14135a, that requires persons convicted of federal felonies to submit a DNA sample is constitutional. That ruling comes in the appeal of Bobbie J. Conley, who …
Article • December 15, 2007
New York Prisoner's Prior Convictions for Sex Offenses Are Sufficient for Level 3 Classification by In anticipation of the release from prison of Dale Mabb, a New York sex offender, the state Board of Examiners of Sex Offenders convinced a trial court to assess him to be a risk level …
Article • December 15, 2007
NY Prisoners Entitled to Assistant to Help Prepare Their Defenses in Tier 3 Disciplinary Hearings by Louis Avincola, a New York state prisoner, was infracted for fighting. At the ensuing Tier 3 disciplinary hearing the hearing officer produced a form with the box waiving assistance by an "employee assistant" checked. …
Article • December 15, 2007
NY Sex-Offender Properly Classified as Risk Level II Where Risk Assessment Points Place Him in That Category by Alan Barnett, a New York state prisoner, was classified as a risk level II sex offender based on risk assessment points accumulated as a result of factors relevant to his crime and …
Article • December 15, 2007
NY Sex Offender's Risk Level 3 Classification Based on Credible Information, Thus Affirmed by Tercero Stafford, a New York prisoner, is serving a prison sentence for burglary. He had prior convictions for sex offenses in New York and Vermont, for which he was released from prison in Vermont in 1996. …
Article • December 15, 2007
Ingrown Nail Leads to Leg Amputation and $400,000 Georgia Jury Verdict by A Georgia prisoner was awarded $400,000 for inadequate medical care causing amputation of his left leg, below the knee. Mr. Booth, a 45-year-old Georgia prisoner with a long history of vascular disease, was treated by a prison doctor …
Article • December 15, 2007
Filed under: Medical, Blood
Inadequate Anemia Treatment Nets California Jail Prisoner $65,000 Settlement by A California man was paid $65,000 to settle a suit related to a jail's failure to properly diagnose and treat his anemia and emotional distress. Mr. Elias was a prisoner of an Orange County, California, jail who suffered anemia and …
Article • December 15, 2007
Female Montana Prisoner Attacked by Male Prisoner Paid $30,000 by A female Montana prisoner who was attacked by a male prisoner during a prison altercation was paid $30,000. Ms. Perez, a female Montana prisoner, was attacked by a male prisoner during a prison altercation. She suffered facial contusions and emotional …
Article • December 15, 2007
False Arrest and Broken Jaw Results in $300,000 Michigan Jury Verdict by A Michigan man who sustained a broken jaw and related injuries during a false arrest was awarded $300,000. Mr. Sharp was falsely arrested and detained for two weeks in a Detroit, Michigan jail. While confined and under guard …
Article • December 15, 2007
Suit Filed by Pro Se Prisoner When Received by Court by At 241 n. 1: "Where, as here, a prisoner proceeds pro se, the Court deems the prisoner as having filed a court document on the date that he delivered it to prison officials for mailing." Here the Houston v. …
Summary Judgment Reversed on Denial of Prisoner Atheist Group by Bob Williams By Bob Williams The United States Court of Appeals for the Seventh Circuit has reversed a summary judgment against a Wisconsin state prisoner whose request to form a prisoner atheist group was denied by the Wisconsin Department of …
Article • December 15, 2007
California Supreme Court Ignores Statutory Language to Reduce Lifers' "Expectation" of Parole to Only a "Hope" by In a 4-3 decision, the California Supreme Court interpreted California's lifer parole statute (Penal Code § 3041) so as to ignore the Legislature's mandate to "normally set a parole release date" at the …
California Fair Employment and Housing Act Claim Analyzed by California's First District Court of Appeals has reversed a finding of workplace retaliation and expanded upon the elements of a claim under the California Fair Employment and Housing Act (FEHA). This action was initiated by Dr. Margie McRae, who alleged discrimination …
Article • December 15, 2007
CA DOC Must Arbitrate Grievances with Guards by The California Correctional Peace Officers Association (the Union) represents prison guards in conditions-of-employment negotiations with the state Department of Personnel Association (the Department). Even though Government Code section 3529 provides that guards themselves can't attend such negotiations, the Department agreed to allow …
Article • December 15, 2007
Ohio Probation Violator Entitled to Credit for Time Served in Halfway House by The Ohio Court of Appeals held that after a convicted prison guard violated his probation, he was nonetheless entitled to credit for time served earlier in a halfway house, since it amounted to "confinement." Guard Richard Holda …
Article • December 15, 2007
California Prisoner Who Broke Already Damaged Jail Cell Door is Not Liable for Full Cost of Replacement by The California Court of Appeal, District 5, reversed a Kings County, California felony conviction of a county jail prisoner for intentionally damaging jail property worth more than $400 (Penal Code § 4600), …
Article • December 15, 2007
West Virginia Supreme Court Rules on Litigious Prisoners by John Dannenberg by John E. Dannenberg The West Virginia Supreme Court of Appeals reacted to what the Randolph County court perceived to be overly aggressive pro per habeas litigation by two state prisoners. At issue ultimately was the tension between the …
Eighth Circuit Reverses Dismissal of Forced Religion Claim by The Eighth Circuit Court of Appeals reversed the dismissal of a prisoner?s Establishment Clause Claim as frivolous. In June 2000, Arkansas prisoner James Munson was granted parole, contingent upon completion of a year long sex offender treatment program called Reduction of …
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