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ADA Withstands 11th Amendment Challenge by The Americans with Disabilities Act does not violate the Eleventh Amendment. Unlike the Religious Freedom Restoration Act, it is "plainly adapted" as a remedial measure even if it prohibits conduct that may or may not be unconstitutional. Its remedies are not so sweeping that …
Prison Strip and Pat Searches Upheld by The plaintiff's conclusory claim of retaliation for filing grievances and lawsuits are dismissed. Prison officials may not retaliate against prisoners for exercising their constitutional rights, but such claims must be viewed with skepticism and care because they are prone to abuse and can …
Kansas Sex Offender Treatment Program Violates Fifth Amendment by The plaintiff was required to complete a sex offender treatment program or suffer impaired ability to earn good time, transfer to maximum custody, and loss of privileges for the review period, which "mirror the consequences imposed for serious disciplinary infractions." The …
Class Certification Denied in Suit by Disabled NM Children Prisoners by The plaintiffs, 16 mentally or developmentally disabled children in state custody, alleged a failure to provide protections and therapeutic services required by federal statutes and Constitution, seeking certification of a class of children "in or at risk of State …
$3 in Damages, $1,920 in Costs Awarded to Stabbed, Disabled Prisoner by The plaintiff, a paraplegic, alleged that he was assaulted and stabbed by another prisoner with staff complicity. The jury found that a defendant had conspired to violate the Eighth Amendment and awarded $1.00 nominal, $1.00 compensatory and $1.00 …
Article • August 15, 2008
No ADA Violation for Denying Deaf Arrestee Sign Language Interpreter by The deaf plaintiff complained that she was arrested without being provided an American Sign Language interpreter. (They did show her the Miranda warnings in writing.) An arrest is not a "program or service" under the Americans with Disabilities Act, …
Article • August 15, 2008
Federal Sex Offender Must Register in New York by In 2004, Todd North, a federal prisoner, pleaded guilty to possession of child pornography in federal district court after being caught with images of children between ages 7 and 17 engaged in sex acts. He was sentenced to 24 days of …
Article • August 15, 2008
Texas Supreme Court Upholds Sex Offender Civil Commitment Statute by by Matthew T. Clarke On May 20, 2005, the Supreme Court of Texas held that the Texas Civil Commitment of Sexually Violent Predators Act (the Act), Chapter 841, Texas Health and Safety Code, is not punitive and therefore is constitutional. …
Article • August 15, 2008
Eighth Circuit Upholds Arkansas Sex Offender Registration/Residency Restrictions by Matthew Clarke by Matthew T. Clarke On July 13, 2006, the Eighth Circuit Court of Appeals affirmed the dismissal of a civil rights challenge to provisions of the Arkansas Sex Offender Registration Act, Ark. Code Ann. § 12-12-901 et seq., and …
150 Days in Segregation for Civil Detainee Upheld by Eighth Circuit by The Eighth Circuit Court of Appeals has held that a civil detainee’s placement in isolation for 150 days was not a constitutional violation, considering the specific facts in this case. The ruling affirms a Minnesota federal district court’s …
Article • August 15, 2008
California Habeas Corpus Grant that Excluded “Show Cause Order” Reversed for Procedural Inadequacy by The State of California appealed a 2006 court order directing the Board of Prison Terms (Board) to reduce a prisoner's sentence and adjust her release date according to pre amended statutory sentencing provisions. The court order …
Article • August 15, 2008
Delaware Sex Offender Acquitted on School Loitering Conviction; Probation Violation Upheld by Delaware registered sex offender William Dahl appealed a 2006 conviction for loitering within 500 feet of a school; as a result of the conviction he had received a 20-year sentence. Because the shopping mall located dance academy that …
Ex Washington DOC Guard's $101,000 Jury Award for Termination Reversed Due to Insufficient Evidence by The Washington Department of Corrections (DOC) appealed a 2005 judgment in favor of former employee Sandra Harris. Harris had sued claiming gender and disability discrimination, retaliation and outrage following her job termination. The jury verdict …
Article • August 15, 2008
Black Prisoner Jailed With Violent White Supremacist: $40,000 Settlement by Reginald Swisher was a prisoner in the Travis County Jail in Austin, Texas. He was allegedly celled with another prisoner whom jail officials knew was a white supremacist who had assaulted, injured and maimed several other black prisoners and was …
California Sex Offender Registration not Constructive Custody for Habeas Purposes by David Stier, a physician and California state sex offender registrant, pled guilty to taking indecent liberties with a child in North Carolina in 2000. After Stier moved to California he completed a two-year probationary period ordered by the North …
Article • August 15, 2008 • from PLN August, 2008
Los Angeles County Pays $40,000 Damages to Assaulted Prisoner Informant Witness by The County of Los Angeles, California paid $40,000 to a prisoner who was badly beaten in the county jail upon returning from court, by friends of the defendant he had just testified against in a murder trial. In …
Oklahoma Pays $844,000 for Comprehensive Performance Audit of DOC by Matthew Clarke by Matt Clarke On January 4, 2008, MGT of America, Inc. released a performance audit of the Oklahoma Department of Corrections (DOC). The 285-page report cost $844,000 and provided several clues as to how the prison system could …
$300,000 Settlement in Murder of College Student by Released Sexual Predator by The State of Minnesota has paid $300,000 to the family of a University of North Dakota student who was kidnapped, raped and killed by a recently-released sexual predator. The payment was offered as a pre-litigation settlement before a …
Human Rights Watch Report: Most Sex Offender Laws Misguided and Ineffective by Matthew Clarke by Matt Clarke In September 2007, Human Rights Watch released a report entitled No Easy Answers: Sex Offender Laws in the US. The report concluded that most sex offender laws are ineffective and misguided in that …
More Prisoners Murdered in Texas Federal Prisons by Gary Hunter Until February 13, 2008, Ronald Joseph, 29, was serving time at a federal penitentiary in Beaumont, Texas for firearm and drug-related convictions. On that date he was found dead in his cell; a preliminary autopsy report indicated he had been …
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