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Article • August 23, 2016
New York Federal Court Holds Victim's Hearsay Accusation Insufficient in Prison Disciplinary Case by Matthew Clarke On April 13, 2012, a New York federal court held that prison officials were liable for convicting a prisoner in a disciplinary action based solely on a victim's hearsay statement and upholding that disciplinary …
Article • August 22, 2016
Fifth Amendment Right Waived, If Not Invoked During Polygraph Test by Pennsylvania parolee David S. Knoble served his sentence for endangering the welfare of a child, conspiring with his wife for her to engage in sexual intercourse with his 14-year old son and then placed on four-year probation. He was …
Article • August 19, 2016
Court Orders California Prison Officials to Process Prisoner’s Administrative Appeals by Court Orders California Prison Officials to Process Prisoner’s Administrative Appeals In February 2008, a Superior Court in California held that Salinas Valley State Prison (SVSP) officials had improperly “screened out” two administrative appeals filed by SVSP prisoner Lorenzo Fosselman, …
Brief • August 19, 2016
Gomez v. City of New York, NY, Order Denying Reconsideration, False Arrest, 2016 Case 1:14-cv-02621-ILG-CLP Document 35 Filed 08/19/16 Page 1 of 5 PageID #: 317 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------x JUAN GOMEZ, MEMORANDUM AND ORDER 14-CV-2621 (ILG) (CLP) Plaintiff, - against THE CITY OF …
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 11, 2016
New York Police IA Records in Camera Inspection Improperly Denied by Mark Wilson The New York Supreme Court, Appellate Division reversed a lower court's denial of in camera inspection of police internal affairs records in a wrongful death action. Christine Cea and others brought a state court wrongful death action …
Article • August 11, 2016
Chicago Driver Awarded $319,464 for Police Red Light Violation Crash by Mark Wilson An Illinois jury awarded a Chicago man $319,464 for injuries he sustained when a Chicago police officer ran a red light, t-boning his vehicle. On October 26, 2005, Melvin Conway, 43, was driving home from the Chicago, …
Holder to Federal Prosecutors: Stop Using Threat of 851 Enhancements to Coerce Pleas by Derek Gilna Apparently U.S. Attorney General Eric Holder’s impending retirement from government service has not extinguished his desire to rein in over-zealous federal prosecutors.  In a September 24, 2014 memo to federal prosecutors made public, Holder …
Texas Man Exonerated By DNA Test He Didn't Request by Matthew Clarke A Texas man, Michael Phillips, 57, recently became the first person to be cleared of a crime by DNA testing he did not request. Phillips was accused of raping a white teenage girl at a Dallas motel in …
Article • August 10, 2016
U.S. Attorney’s Office in D.C. Creates Unit to Investigate Flawed Convictions by Derek Gilna The U.S. Attorney’s Office in the District of Columbia has set up the first federal unit nationwide unit to internally identify, investigate, and possible wrongful convictions, U.S. Attorney Ronald Machen Jr. said.  “This new unit will …
Article • August 9, 2016
California Cop Destroys Jail Suicide Evidence, Gets Probation by Something snapped in Dean Gochenour's fragile mind before he hanged himself in a jail cell in Fullerton, California, nearly two years ago. Just hours later, the man who arrested him that night snapped, too, smashing the device that recorded one of …
Man Nearly Executed, Awarded $14M after Exoneration by A former death row inmate who came within weeks of being executed was awarded $14 million by a federal jury in New Orleans after being cleared of his murder conviction. John Thompson, 40, spent 18 years in prison after being convicted of …
Federal Jury Awards $9 Million to Illinois Man Cleared of Rape He Was Convicted of as Teenager by Alejandro Dominguez, who spent four years in prison for a rape he did not commit, was awarded $9 million by a federal jury after DNA evidence cleared him of the charges. Dominguez, …
Article • August 5, 2016
Philadelphia Man Awarded $65,000 in Police Assault by A Philadelphia state court jury awarded $65,000 to a man after finding two police officers liable for assault and battery and malicious prosecution. At issue was the April 2, 2013, arrest of Phillip Easley, 30, who walked to a store and offered …
HRDC Represents Former Illinois Prisoner in Wrongful Conviction Suit by Derek Gilna Over the years, Prison Legal News and its parent non-profit organization, the Human Rights Defense Center (HRDC), have filed dozens of censorship lawsuits against state prison systems and county jails, as well as numerous public records suits. [See: …
Tenth Circuit Finds Compelled, Incriminating Sex Offender Polygraphs Unconstitutional by Christopher Zoukis In May 2016, the U.S. Court of Appeals for the Tenth Circuit held that sex offenders released from custody cannot be compelled to answer potentially incriminating polygraph questions as a condition of their supervised release. The ruling came …
$7,000 Settlement after Second Circuit Reverses Dismissal of New York Prisoner’s Suit by Derek Gilna In 2007, prisoner Aaron Willey filed a pro se federal civil rights lawsuit against guards employed by the New York State Department of Corrections and Community Supervision, alleging harassment, inadequate nutrition, theft of legal documents, …
Article • August 2, 2016 • from PLN August, 2016
The Mirage of Justice by by Chris Hedges, Truthdig If you are poor, you will almost never go to trial – instead you will be forced to accept a plea deal offered by government prosecutors. If you are poor, the word of the police, who are not averse to fabricating or …
Discriminatory Firing of BOP Results in Jury Verdict, Settlement of $280,000 by A California federal jury found the Bureau of Prisons (BOP) liable for discrimination against a former investigative lieutenant.  The parties eventually settled the matter for $280,000. Isaac A. Asberry, a black male, worked for over 17 years at …
Article • July 29, 2016
New York Man Falsely Charged with Crimes Awarded $560,000 by A New York federal jury awarded $560,000 in compensatory and punitive damages against police officers in a civil rights action brought by a man who had previously been acquitted of drug and firearm charges.  The second Circuit Court of Appeals …
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