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Article • November 15, 2009 • from PLN November, 2009
Indiana Supreme Court Holds Sex Offender Registration Act Unconstitutional When Applied Retroactively by In a courageous and controversial ruling, a unanimous Indiana Supreme Court held on April 30, 2009 that state statutes collectively referred to as the Indiana Sex Offender Registration Act, when applied to Richard Wallace, a child molester …
Article • November 15, 2009 • from PLN November, 2009
$21 Million Jury Award for Illinois Wrongful Conviction by David Reutter by David M. Reutter In June 2009, an Illinois federal jury awarded $21 million to a former prisoner who served 11-1/2 years for a murder he didn’t commit. The basis of the claim was that Chicago police detective Reynaldo …
Article • November 15, 2009 • from PLN November, 2009
Human Rights Study Shows That Decades Later Blacks Still Incarcerated More by Gary Hunter In March 2009 a report by the Human Rights Watch (HRW) organization indicated that blacks continue to be arrested at disproportionately high rates in this country’s war on drugs. The study spanned almost three decades and …
Article • November 15, 2009 • from PLN November, 2009
Indiana Sex Offender Residency Restriction Violates Ex Post Facto Clause by Indiana’s “residency restriction statute,” which prohibits sex offenders from living within 1,000 feet of a school, youth center or public park, violates the ex post facto clause of the state constitution as applied to sex offenders convicted before the …
Armstrong v Schwarzenegger, CA, Plf Enforcement Order, deaf disabled prisoner ad seg, 2009 Case4:94-cv-02307-CW Document1661 Filed10/20/09 Page1 of 5 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California …
Article • October 15, 2009
Failure to Provide Services for Deaf Pre-Trial Detainee States ADA Claim by The Tenth Circuit Court of Appeals reversed a grant of summary judgment against a former pre-trial detainee who alleged Americans with Disabilities Act (ADA) violations for failing to provide him with services or accommodation for his deafness. The …
California Prison Guard’s First Amendment Rights Upheld in Job-Related Retaliation Complaint by The U.S. District Court for the Northern District of California upheld a prison guard’s complaints in a Title VII job action claiming that prison officials retaliated against her in violation of her First Amendment rights, and the Ninth …
Article • October 15, 2009 • from PLN October, 2009
Megan’s Law Preempts Local New Jersey Sex Offender Ordinances by The New Jersey Supreme Court affirmed a lower court’s order that invalidated two townships’ ordinances restricting where registered sex offenders could live. The March 24, 2009 ruling held that the statewide Megan’s Law takes precedence over local statutes that impose …
Article • October 15, 2009 • from PLN October, 2009
Perpetrators and Enablers of Torture in the US by Corey Weinstein by Corey Weinstein, MD, CCHP During the past 25 years I’ve spent a lot of time with survivors of torture, men and women enduring long term solitary confinement in California’s prisons. They are the most urgent victims of US …
Maine Prison in Turmoil by Lance Tapley By the time Warden Jeffrey Merrill revealed on June 3 that three Maine State Prison employees had been put on paid leave as a result of a state police investigation of an inmate’s death in April, probes of corruption and other issues at …
Problems at Washington’s Civil Commitment Center Continue by Matthew Clarke by Matt Clarke On July 30, 2008, Paepaega Matautia, Jr., 39, a mail room guard at the Special Commitment Center (SCC) for sex offenders on McNeil Island in Washington state, was arrested on federal charges of attempting to possess and …
$4.7 Million Settlement for Brain Damage Caused by Washington Jail Negligence by Washington State’s Kitsap County Jail paid $4.7 million to settle a lawsuit that alleged its failure to properly care for a developmentally disabled man left him brain damaged from dehydration. William E. Trask, 44, was born developmentally disabled. …
Article • October 15, 2009 • from PLN October, 2009
Texas Parole Board’s Hearing on Imposition of Sex Offender Conditions Inadequate by Matthew Clarke by Matt Clarke On March 24, 2009, a U.S. District Court ruled that hearings held by the Texas parole board before imposing sex offender parole conditions on prisoners not convicted of sex offenses were constitutionally inadequate. …
$500,000 Settlement for Fatal Beating of Phoenix Jail Prisoner by Matthew Clarke by Matt Clarke On June 3, 2009, the Maricopa County (Arizona) Board of Supervisors voted 4-0 to settle for $500,000 a lawsuit brought by survivors of a man beat to death in the Fourth Avenue Jail of the …
Article • October 15, 2009 • from PLN October, 2009
Los Angeles County Agrees to Pay $7,000,000 to Beaten Juvenile Prisoner by On March 27, 2009, Los Angeles County agreed to pay $7,000,000 to a youth that was severely beaten at the Barry J. Nidorf Juvenile Hall (Nidorf) in Sylmar, California after the youth was pressured, but refused, to join …
Article • October 15, 2009 • from PLN October, 2009
Injunction Against Missouri Sex Offender Halloween Restrictions Issued, Then Vacated by Matthew Clarke by Matt Clarke A Missouri federal judge issued an injunction against enforcement of a new Missouri law imposing Halloween-related restrictions on registered sex offenders. However, the Eighth Circuit Court of Appeals lifted the injunction on October 30, …
Texas’ Parole Condition X Violates Due Process by Gary Hunter Texas’ parole Condition X has come under scrutiny in a federal court case. On December 12, 2008, a U.S. magistrate judge issued a 30-page order granting partial summary judgment in favor of parolee David Brian Jennings, after concluding that the …
Former Oklahoma Sheriff Convicted of Sex Crimes Now Where to Put Him? by by Gary Hunter Oklahoma officials are trying to decide the best way to incarcerate ex-sheriff Mike Burgess, 56, now that he is a convicted sex offender. On January 9, 2009 the former Custer County lawman was convicted …
$25,000 Award to Utah Muslim Prisoner Attacked by Death Row Prisoner Following 9/11 by A Utah federal jury awarded $25,000 to a Muslim prisoner who claimed guards set him up for a beating following the 9/11 guerrilla attacks. The oddest part of the situation is the prisoner was beat by …
$3.75 Million Settlement for Orange County, California, Jail Detainee Severely Beaten by Prisoners by After suffering severe brain damage while confined at an Orange County Jail in California, Fernando Ramirez, represented by attorneys Mark W. Eisenberg of Newport Beach and Jerry N. Gans of Santa Ana, sued the County, the …
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