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Brief • August 16, 2013
Rojsza v. City of Ferndale, WA, Complaint, false arrest 14th Am ethnic bias unlawful detention, 2012
Article • August 15, 2013
Habeas Relief Unavailable for Civil Rights Violations by The U.S. Court of Appeals for the Seventh Circuit (7th Circuit) has affirmed a District Court’s dismissal of a prisoner’s habeas action because it presented only civil rights claims. In March of 2001, Steven Glaus began hepatitis C (hep C) treatment at …
Article • August 15, 2013
Judicial Estoppel Bars Government’s Shifting Legal Positions by The Ninth Circuit Court of Appeals held that the government was barred from arguing in federal court that a parole challenge was moot, after successfully arguing in state court that it was. Oregon prisoner Leslie Whaley was released on parole, but the …
Article • August 15, 2013
Maryland Prisoner Gets Sentence Reduction Credits for “Special Project” Work by Bradford Holup, a Maryland state prisoner, received special training to do blood-spill cleanup work and did that kind of work for over two years in Maryland prisons. Blood-spill cleanup work qualifies as “special project” work for which prisoners are …
Ninth Circuit Upholds BOP Boot Camp Termination by The Ninth Circuit Court of Appeals held that the federal Bureau of Prisons (BOP) did not violate the Administrative Procedures Act (APA) or a prisoner’s constitutional rights when it terminated its boot camp program. Congress passed a law in 1990, authorizing BOP …
Article • August 15, 2013
Bureaucracy Errors that Result in Overdetention Not Deliberate Indifference by The Eleventh Circuit Court of Appeals has held that the overdetention of two prisoners was not due to deliberate indifference on the part of officials at Alabama’s Mobile County Jail. The Court’s ruling affirmed the grant of summary judgment to …
Article • August 15, 2013
Delaware Supreme Court Reverses Escape Conviction by In December 2012, the Delaware Supreme Court reversed an escape conviction because the prisoner’s request to represent himself was improperly denied. While serving a sentence for robbery at the Plummer Center in Wilmington, Delaware, prisoner Maurice Williams requested and received a medical pass …
Article • August 15, 2013
$30,000.00 Settlement Reached in False Imprisonment Suit Against Washington Department of Corrections by A $30,000 settlement was reached in an action filed against the Washington Department of Corrections (D.O.C.) for miscalculation of good-time credits resulting in false imprisonment. Charles D. Hardt was a prisoner at Airway Heights Correctional Center. With …
Article • August 15, 2013
Bodily Injury Enhancement in Federal Guidelines Requires Significant Injury by The Tenth Circuit Court of Appeals held that injuries sustained by a jail guard were insufficient to sustain a two-level sentence enhancement for bodily injury. While imprisoned at Utah’s Weber County Jail on November 21, 2004, federal prisoner Francisco Mejia-Canales …
Article • August 15, 2013
Filed under: Sentencing, Good Time
BOP Good Time Regulation Promulgated in Violation of the APA; No Relief for Violation Ninth Circuit Holds by The Bureau of Prisons (BOP) regulation affording federal prisoners 54 days of good conduct time (GCT) for each year served was promulgated in violation of the Administrative Procedures Act (APA), the U.S. …
An Innocent Man Speaks: PLN Interviews Jeff Deskovic by On April 9, 2013, Prison Legal News editor Paul Wright sat down with Jeffrey Deskovic as part of PLN's ongoing series of interviews concerning our nation's criminal justice system. Previously, PLN interviewed famous actor Danny Trejo [PLN, Aug. 2011, p.1] and …
Article • August 15, 2013 • from PLN August, 2013
West Virginia Court-Supervised Parole and Condition Barring Association with Spouse Upheld by West Virginia's Supreme Court has upheld a circuit court's authority to impose court-supervised parole, and affirmed a parole condition that barred a parolee's association with convicted felons – including her spouse. On June 9, 2009, Karen Tanner pleaded …
Article • August 15, 2013 • from PLN August, 2013
Fourth Circuit: Sex Offender Registration Not "Custody" for Section 2254 Jurisdiction by Fourth Circuit: Sex Offender Registration Not "Custody" for Section 2254 Jurisdiction On August 15, 2012, the Fourth Circuit held that sex offender registration requirements do not amount to being "in custody" for purposes of invoking federal habeas corpus …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Sentencing, Parole
New Tennessee Parole Board Members have Apparent Bias Against Granting Parole by Alex Friedmann Tennessee Board of Parole Chairman Charles Traughber, who had served almost four decades on the Board and had a reputation for ruling it with an iron hand, retired in June 2013. To fill Traughber's vacant position, …
Article • August 15, 2013 • from PLN August, 2013
Third Circuit: Requiring Admission of Guilt to Participate in Mandatory-for-Parole SOTP Not a Fifth Amendment Violation by Matthew Clarke by Matt Clarke The Third Circuit Court of Appeals has held that requiring an admission of guilt to participate in an in-prison sex offender treatment program (SOTP) did not violate the …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Sentencing, Parole
Longest-Serving Texas Prisoner Makes Parole; Other Long-term Prisoners Not so "Lucky" by Longest-Serving Texas Prisoner Makes Parole; Other Long-term Prisoners Not so "Lucky" Harvey Stewart, 83, first entered the Texas prison system in 1951 to serve a 10-year stint for robbing a junk yard. Paroled six years later, he returned …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Escapes, Sentencing
Louisiana Supreme Court Reverses Sentence for Escape, but Sentence Affirmed on Remand by The Louisiana Supreme Court reversed an appellate court that found excessive a sentence which was twice as long as the original sentence imposed prior to a successful appeal, but remanded the case for consideration of whether the …
Article • August 15, 2013 • from PLN August, 2013
DC Circuit: Qualified Immunity for Retroactive U.S. Parole Commission Regulations by The Court of Appeals for the District of Columbia (DC) Circuit has affirmed a district court's grant of qualified immunity to U.S. Parole Commission officials related to the retroactive application of parole regulations. In 1993, Melvin Taylor was convicted …
Article • August 15, 2013 • from PLN August, 2013
Seventh Circuit Asks Illinois Supreme Court to Interpret "Frivolous" Litigation Statute by Seventh Circuit Asks Illinois Supreme Court to Interpret "Frivolous" Litigation Statute In an August 29, 2012 decision, the Seventh Circuit Court of Appeals asked the Illinois Supreme Court to interpret a state law that authorizes the revocation of …
8th Circuit Allows Reckless Investigation Suit to Proceed After DNA Evidence Leads to Pardons for Four Convicted Murderers by In October 2012, the Eighth Circuit Court of Appeals held that four individuals (two men and two women), who had pleaded guilty or no contest to a Gage County, Nebraska rape/murder …
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