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Former Pennsylvania DOC Director Hired to Run CDCR by Anne-Marie Cusac Jeffrey A. Beard, an almost 40-year old veteran of the Pennsylvania Department of Corrections, and most recently that state’s Corrections Secretary, was hired by California Governor Jerry Brown in December 2012 to become the new head of the California …
Article • April 15, 2013
8th Circuit: Prisoner's Right to Avoid Involuntary Medication Safeguarded Only by Minimal Procedural Due Process Protections by In a case alleging that a prisoner's transfer, detention, and involuntary medication violated his Due Process rights, the Eighth Circuit has affirmed the district court's grant of summary judgment to the defendant prison …
Article • April 15, 2013
Washington Sexually Violent Predator Escape Law Upheld by The Washington state Court of Appeals held that a statute criminalizing escape from a civil commitment facility is not unconstitutional. On March 15, 2006, Matthew John Jagger was civilly committed to the McNeil Island Special Commitment Center (SCC) after he was found …
Eighth Circuit Vacates Special Condition of Supervised Release on Possessing Materials Depicting Nudity by Brandon Sample A special condition of supervised release prohibiting the possession of "any material, legal or illegal, that contains nudity or that depicts or alludes to sexual activity or depicts sexually arousing material" sweeps too broadly …
Article • April 15, 2013
Kansas Supreme Court Reverses Jail Suicide Summary Judgment by The Kansas Supreme Court unanimously held that jailers were not entitled to summary judgment for failing to prevent a detainee's suicide. Anthony Stapleton was detained in the Shawnee County Adult Detention Center, from October 23, 2002, until his November 29, 2002 …
Article • April 15, 2013
Filed under: Mental Health, Suicides
El Salvadorian Hangs Himself in Oregon Jail by A man facing criminal charges in Washington County, Oregon, hanged himself in his cell, according to Washington County Sheriff's Sergeant Bob Ray. El Salvadorian, Mario Alfredo Bautista-Garcia, 28, was arrested on May 15, 2012, after stabbing two men at a Tigard, Oregon, …
Article • April 15, 2013
Kentucky DOC Cannot Alter Time Served Credit by The Kentucky Supreme Court has held that prison officials lack authority to modify presentencing custody credit. Peter Bard was charged with murdering a deputy sheriff in 1993 but the charges were dismissed when he was found incompetent to stand trial. Bard was …
Article • April 15, 2013
Massachusetts Court Releases Mental Health Detainee After State Blows Deadline by Derek Gilna The Supreme Judicial Court for the county of Suffolk, Massachusetts dismissed the case of David Gangi, confined pursuant to G.L. c 123A, Section 13(a) to determine whether or not "probable cause exists to believe that the person …
Article • April 15, 2013
Nebraska Sex Offender Argues Due Process in Appeal of Commitment Order by Before the Nebraska Supreme Court, Appellant S.J. challenged the lower court’s affirmation of the Mental Health Board of the Fourth Judicial District’s order terming him a “dangerous sexual offender” and as such confining him to an inpatient treatment …
Article • April 15, 2013
Eighth Circuit Vacates District Court Commitment Order Issued Without a Hearing by The U.S. Court of Appeals for the Eighth Circuit has granted the interlocutory appeal of Fred Neal, Jr., attacking the district court's discretion to order a commitment to conduct a competency evaluation, on Due Process grounds. It, ruled …
Article • April 15, 2013
Court Upholds Guilty Plea Although Defendant Wasn't Advised of Adam Walsh Impact by Derek Gilna Mark Allen Youngs pleaded guilty to child pornography offenses, and as part of the sentencing process was advised by the district court of his various rights under Rule 11, but was not advised of possible …
Article • April 15, 2013
Filed under: Mental Health
Oregon Schizophrenic Gets 7.5 Years for Stabbing Guard by A schizophrenic Oregon criminal defendant was sentenced to seven and a half years in prison for stabbing a jail guard in the face with a pencil. On August 7, 2011, Washington County Jail (WCJ) guard Adam Slater, then 27, was working …
Pennsylvania Supreme Court Reinstates Homeless Man's Failure-to-Register Conviction by In 1998, William Howard Wilgus was convicted of aggravated indecent assault. Because he was a sexually violent predator, he was required to register under the Megan's Law 42 Pa. C.S. § 9795.1 (6) (4). His five years to life imprisonment sentence …
Seventh Circuit: No Minimum Wage for Civilly Committed Sex Offenders by The Seventh Circuit Court of Appeals held that civilly committed sexually violent offenders are not entitled to minimum wage for the labor they perform. After serving his prison sentence, Paschall L. Sanders, III, was civilly committed to a secure …
Sardakowski v. Clements, CO, Recommendation, 8th Am ADA RA mental health, 2012 Case 1:12-cv-01326-RBJ-KLM Document 92 Filed 03/26/13 USDC Colorado Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-01326-RBJ-KLM JAMES SARDAKOWSKI, Plaintiff, v. TOM CLEMENTS, in his official capacity as …
Coleman v. Brown, CA, Declaration of Scott in Support of Def. Prison System Overcrowding, 2013 Case 2:90-cv-00520-LKK-JFM Document 4479 Filed 03/22/13 Page 1 of 10 1 2 3 4 5 6 7 8 9 KAMALA D. HARRIS Attorney General of California JONATHAN L. WOLFF Senior Assistant Attorney General JAY C. …
Brief • March 20, 2013
Sweeney v. Lorain County, OH, Complaint, Jail Suicide, 2013 Case: 1:13-cv-00601-CAB Doc #: 1-1 Filed: 03/20/13 1 of 14. PageID #: 4 Case: 1:13-cv-00601-CAB Doc #: 1-1 Filed: 03/20/13 2 of 14. PageID #: 5 Case: 1:13-cv-00601-CAB Doc #: 1-1 Filed: 03/20/13 3 of 14. PageID #: 6 Case: 1:13-cv-00601-CAB …
Article • March 15, 2013
Mass Incarceration Now, Tomorrow, Forever: Gov. Jerry Brown and the Politics of Court Bashing by Jonathan Simon by Jonathan Simon, Professor of Law Just about two years ago, in May 2011, the US Supreme Court in Brown v. Plata 131 S.Ct. 1910 (2011) upheld what Justice Scalia called the "most …
Article • March 15, 2013
Wisconsin Prisoner's Pro-Se AEDPA Action Dismissed, Reversed and Remanded by Derek Gilna The U.S. District Court for the Western District of Wisconsin's denial of a pro-se application for a writ of habeas corpus by prisoner Stanley E. Martin, Jr., was reversed and remanded by the Seventh Circuit Court of Appeals …
Article • March 15, 2013
Amid Improvements, Maricopa County Jail Medical Services Still Deficient by Matthew Clarke by Matt Clarke Recent reports filed in a long-standing federal lawsuit against Sheriff Joe Arpaio over deficiencies in the medical and mental health care of prisoners in the Maricopa County jail system have cited both improvements and persistent …
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