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Article • April 15, 2009
$23,000 in Costs Assessed Against Ex-Prisoner for Scam Lawsuit by A Georgia federal district court has taxed costs of $23,000 against an ex-prisoner after a jury entered a verdict for prison officials. The jury’s verdict rejected the prisoner’s claim of cruel and unusual punishment and accepted the prison officials’ claim …
Colorado DOC Settles Employee Sex Discrimination Suits by The Colorado Department of Corrections (CDOC) has agreed to reinstate one employee and pay her and another woman who were sexually discriminated against a total of $286,210 to settle their lawsuit against CDOC. The suit named CDOC, its former Executive Director, Joe …
Article • April 15, 2009
Proof of “Overt Act” not Required in Washington to Civilly Commit Incarcerated Sexually Violent Predator by David James Lewis challenged a Washington Court of Appeals decision that held the state was not required to prove a recent overt act during civil commitment proceedings. Lewis was convicted in 1992 of two …
Eighth Circuit Upholds SORNA Against Constitutional Challenges by On July 31, 2008, the U.S. Court of Appeals for the Eighth Circuit rejected numerous constitutional challenges to the federal Sex Offender Registration and Notification Act (SORNA). David Louis May was convicted of failing to register as a sex offender in violation …
California Female Parole Supervisor Awarded $859,000 for Gender Discrimination by Female Superior by California Female Parole Supervisor Awarded $859,000 for Gender Discrimination by Female Superior A Los Angeles jury has awarded $859,000 in damages to a female state parole supervisor who claimed that her superior, also a woman, discriminated against …
Article • April 15, 2009 • from PLN April, 2009
Let Freedom Ring: A Collection of Documents from the Movements to Free U.S. Political Prisoners, by Matt Meyer by Ian Head Let Freedom Ring: A Collection of Documents from the Movements to Free U.S. Political Prisoners, by Matt Meyer Book Review by Ian Head In October, 2008, activist and (disbarred) …
Indiana Law Requiring Former Prisoners to Consent to Search and Monitoring of Their Computers Held Unconstitutional by Brandon Sample On June 24, 2008, U.S. District Court Judge David Hamilton struck down Section 8(b) of Indiana Public Law 119, which required sex offenders and violent offenders who had completed their sentences …
Deconstructing Gus: A Former CCA Prisoner Takes On, and Takes Down, CCA’s Top Lawyer by Paul Wright by Paul Wright, et al. On June 13, 2007, former President Bush nominated Gustavus A. Puryear IV, 40, for a lifetime appointment to the U.S. District Court for the Middle District of Tennessee. …
Texas Parole Officials Caught Lying to Federal Court With Impunity by A Texas federal court has dismissed as moot a parolee’s challenge to parole restrictions which prevented him from having unsupervised contact with his son. During the course of the litigation, parole officials repeatedly misled the court. Gerald Grant, a …
Article • February 15, 2009 • from PLN February, 2009
California Sex Offender’s Probation Travel Restrictions Abated by John Dannenberg by John E. Dannenberg Kenneth Smith was convicted of committing a lewd act on his stepdaughter and sentenced to three years in prison, which was suspended in lieu of five years probation. Upon learning that Los Angeles County had a …
Retroactive Residency Restrictions for Missouri Sex Offenders Unconstitutional by Matthew Clarke by Matt Clarke On May 24, 2007, Cole County, Missouri Circuit Court Judge Patricia S. Joyce ruled that a Missouri statute requiring certain registered sex offenders to move if they lived within 1,000 feet of a school (§ 566.147, …
Sovereign Immunity Bars RFRA Damages in DC Circuit by The U.S. Court of Appeals for the District of Columbia Circuit has affirmed a district court’s decision that sovereign immunity bars damage claims under the Religious Freedom Restoration Act (RFRA). The court found that RFRA does not provide a clear and …
Federal Prisoner's Suit Settles For $1,500 after Falling From Bunk by Virginia federal prisoner Glen Francis brought a federal tort action in 1995 for $200,000 after being injured at FCI Petersburg while climbing down from his bunk. The suit settled for $1,500. Francis was on his top bunk when FCI …
BOP Medical Worker's Race Based Termination Suit Settles For $65,000 by West Virginia resident and ex Bureau of Prisons medical employee, Darrick Leacock, brought a 42 U.S.C. § 1983 action in 1995 against United States Attorney General Janet Reno after allegedly being discriminated against and subsequently fired due to his …
Federal Officials' Refusal To Treat Prisoner's Severed Tendon Settles For $22,500 by Virginia federal prisoner Chris Walker brought a federal tort action against the United States in 1998 after various officials refused to treat his severed Achilles tendon. Jail and prison officials, as well as Bureau of Prisons personnel ignored …
Corruption in Orange County, CA Sheriff’s Department Revealed; Sheriff Resigns, Convicted on Criminal Charges by Marvin Mentor Corruption in Orange County, CA Sheriff’s Department Revealed; Sheriff Resigns, Convicted on Criminal Charges by Marvin Mentor Former Orange County, California Sheriff Michael S. Carona and many of his staff at the Theo …
Second Chance Act Signed Into Law, But Not Yet Funded by Brandon Sample Second Chance Act Signed Into Law, But Not Yet Funded by Brandon Sample On April 9, 2008, President Bush signed the Second Chance Act into law. The Second Chance Act (P.L. 110-199), a bi-partisan effort, was designed …
Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 by Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 The U.S. Court of Appeals for the …
Changes in Texas Parole Laws Violate Ex Post Facto Clause by Matthew Clarke by Matt Clarke On March 29, 2007, a federal court ruled that changes in Texas parole laws, practices and procedures violated the federal ex post facto clause when applied retroactively. Barry Michael Wion, a Texas state prisoner, …
Utah Sex Offender Internet Registry Statute Violates First Amendment by Mark Wilson On September 25, 2008, a federal court in Utah enjoined the enforcement of an amended statute requiring the state’s 7,000 registered sex offenders to report all of their Internet identifiers, including user names, passwords and website addresses. In …
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