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Article • August 12, 2016
BOP Settles Dyslexia Discrimination Complaints for $2,000 by In 1997, Douglas Lewis Urness was working as a GS-11, Step 4 Drug Treatment Counselor for the BOP in Yankton, South Dakota, when his supervisors allegedly discriminated against him due to his dyslexia. The discrimination took the form of supervisors allegedly complaining …
Article • August 12, 2016
BOP Reverses Termination of Disabled Guard in Settlement by Steven Dacey was a tenured Senior Officer (GS-07) at the BOP Federal Medical Center Devens in Ayer, MA, earning $41,000 a year when he was terminated on April 4, 2003. The reason for his termination was that he had not reported …
Article • August 12, 2016
Arkansas Supreme Court Upholds Conviction of Prisoner Who Strangled Cellmate by On September 17, 2015, the Supreme Court of Arkansas upheld the conviction of Arkansas state prisoner Robert T. Holland who was convicted of capital murder for strangling his cellmate and sentenced to death. Holland's appeal alleged the trial court …
Article • August 12, 2016
$750,000 in Damages and Attorney Fees Awarded in New York False Arrest Case by On July 2, 2015, a New York federal court entered a settlement judgement for $250,000 each in favor of two black men who were falsely arrested for two armed robberies and spent eleven months in jail. …
Article • August 12, 2016
$528,858 Federal Jury Award Against BOP in Racial Discrimination Case by On December 7, 2000, a federal jury awarded former federal Bureau of Prisons (BOP) employee Debbie E. Tickle $114,000 for loss of wages and $300,000 for emotional pain a suffering in a racial discrimination lawsuit she brought pursuant to …
Article • August 12, 2016
$15,000 Settlement in Case Manager's EEOC Action by On December 4, 2002, the federal Bureau of Prisons entered into a settlement agreement that paid a correctional treatment specialist (case manager) at the United States Penitentiary Lewisburg (USP) $15,000, restored him to his previous job and made other concessions. After Prison …
Rikers Island Excessive Force Monell Claims Survive Dismissal by Mark Wilson A New York federal court refused to dismiss Monell Claims in a Rikers Island excessive force case. On September 28, 2013, Bobby White was incarcerated at Rikers Island, when guard Marlene Ocasio sprayed him with a chemical agent and …
Article • August 12, 2016
Filed under: Parole, Parole Conditions
PV Arrest Qualifies for Oregon Resisting Arrest Conviction by Mark Wilson The Oregon Supreme Court held that arrest for a probation or parole violation qualifies as an arrest for Oregon's resisting arrest statute. In 2009, police stopped Curtis McClure and asked his name. McClure told them and asked if he …
Article • August 12, 2016
Filed under: Sentencing, Juveniles
Pennsylvania Supreme Court Finds Miller v. Alabama Not Retroactive by Mark Wilson The Pennsylvania Supreme Court held that the United States Supreme Court's ban on mandatory juvenile life without parole (LWOP) sentences does not apply retroactively. In 1999, seventeen year old Ian Cunningham shot and killed Daniel Delarge Jr., during …
Pennsylvania Arrest for Videotaping Cops Denied Qualified Immunity by Mark Wilson A Pennsylvania federal court held that police were not entitled to qualified immunity for "entering a family's home and arresting its owner for doing nothing more than attempting to videotape the officers' overreaction on her own property." Kia Gaymon, …
Article • August 12, 2016
Oregon Parole Board Requires Mental State Evidence Without Psychological Evaluation; No Due Process Right to State-Paid Evaluation by Mark Wilson The Oregon Court of Appeals held that prisoners do not have a due process right to a psychological evaluation at state expense for "rehabilitation hearings." Oregon prisoners convicted of Aggravated …
Article • August 12, 2016
No Oregon DNA Appeal Unless Testing is Denied or Limited by Mark Wilson The Oregon Court of Appeals held that prisoners do not have a due process right to a psychological evaluation at state expense for "rehabilitation hearings." Oregon prisoners convicted of Aggravated Murder are sentenced to life imprisonment with …
Article • August 12, 2016
No Due Process Right to Oregon Parole Witnesses or Cross-Examination by Mark Wilson The Oregon Court of Appeals rejected a facial challenge to a rule denying prisoners the right to call or cross-examine witnesses at parole hearings. When the Oregon Board of Parole and Post-Prison Supervision (Board) has established a …
Article • August 12, 2016
Filed under: Attorney Fee Awards
Ninth Circuit Upholds $697,971.80 in Fees on $27,280 Damage Award by Mark Wilson The Ninth Circuit Court of Appeals held that a lower court did not abuse its discretion in awarding $697,971.80 in attorneys' fees to a Plaintiff who was awarded only $27,280 in damages. Kim Muniz sued her employer, …
Walker v. City and County of Denver, CO, Second Amended Complaint, Sexual Harassment, 2016 Case 1:15-cv-02539-CMA-STV Document 65 Filed 08/12/16 USDC Colorado Page 1 of 18 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-02539-MSK-MJW TERRI EDDY, REBECCA ESQUIBEL, DENITA HARTZOG, GIOVANNA KEMP, LISA …
Brief • August 12, 2016
Shabazz v. Kailer, NY, Order Denying Def. MTD, 2016 Case 1:15-cv-02798-JGK Document 37 Filed 08/12/16 Page 1 of 27 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ──────────────────────────────────── OMAR SHABAZZ, ET AL., Plaintiffs, 15-CV-2798 (JGK) OPINION & ORDER - against – KIERAN KAILER, ET AL., Defendants. ──────────────────────────────────── JOHN G. …
Brief • August 12, 2016
Flores v. Johnson, CA, Motion to Enforce Settlement, Detention and Release Protocol, 2016 Case 2:85-cv-04544-DMG-AGR Document 239-1 Filed 08/12/16 Page 1 of 29 Page ID #:6992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 CENTER FOR HUMAN RIGHTS & …
Publication • August 12, 2016
World Prison Population List (4th Ed.), Home Office, 2003 188 Findings The Research, Development and Statistics Directorate exists to improve policy making, decision taking and practice in support of the Home Office purpose and aims, to provide the public and Parliament with information necessary for informed debate and to publish …
Publication • August 12, 2016
World Female Imprisonment List, ICPS King’s College, 2006 World Female Imprisonment List International Centre for Prison Studies (Women and girls in penal institutions, including pre-trial detainees/ remand prisoners) Roy Walmsley Key points The World Female Imprisonment List shows the number of women and girls held in penal institutions, as pre-trial …
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