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Brief • September 7, 2012
Laudman v. Padula, SC, Amended Complaint, Wrongful Death, Mental Illness Cruel & Unusual, 2012 8:12-cv-02382-RMG-JDA Date Filed 09/07/12 Entry Number 6 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION ARTHUR LAUDMAN, in his capacity as Personal Representative of the ESTATE …
Vega v. Davis, CO, Amended Complaint and Jury Demand, Innate Suicide, 2012 Case 1:12-cv-01144-RPM Document 13 Filed 08/31/12 USDC Colorado Page 1 of 25 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:12-cv-01144-RPM RAYMOND VEGA, Personally and as Personal Representative of the Estate of …
Federal Sex Offender Civil Commitment Process Under Fire by Derek Gilna Among other provisions, the Adam Walsh Child Protection and Safety Act of 2006 allows the federal government to indefinitely detain “sexually dangerous” offenders through a civil commitment process, which requires mandatory court hearings after such offenders have been certified …
Article • August 15, 2012 • from PLN August, 2012
From the Editor by Paul Wright When Prison Legal News published its first issue in May 1990, it was less than one month after Washington state became the first in the nation to enact a civil commitment law for sex offenders. PLN has reported on this issue ever since as …
Article • August 15, 2012 • from PLN August, 2012
$975,000 Award to Former Prisoner Who Gave Birth in Seattle, Washington Jail by A federal jury in Washington State has awarded $975,000 to a mentally ill woman who gave birth in a cell at the King County Correctional Facility (KCCF). The jury found both the county and jail staff liable …
Article • August 15, 2012 • from PLN August, 2012
BOP’s RDAP Program Unevenly Administered and Unnecessarily Costly by Brandon Sample by Brandon Sample and Derek Gilna A comprehensive review of the federal Bureau of Prisons’ (BOP) Residential Drug Abuse Program (RDAP), enacted by Congress in 1994, indicates that almost 20 years after its creation RDAP has yet to fulfill …
Article • August 15, 2012 • from PLN August, 2012
Termination from Drug Treatment Program Fails to State Liberty Interest Claim by The Eighth Circuit Court of Appeals has held that the decision of prison officials to remove a prisoner from a drug treatment program, which made him ineligible for a probated sentence, was insufficient to confer a liberty interest …
Ninth Circuit Holds BOP Individual RDAP Determinations Not Subject to Judicial Review by Individualized decisions related to the federal Bureau of Prisons’ (BOP) Residential Drug Abuse Program (RDAP) are not subject to judicial review under the Administrative Procedure Act (APA), the U.S. Court of Appeals for the Ninth Circuit has …
Brief • July 23, 2012
Nagle et al v. Gusman et al, LA, Complaint, Coast Guard prisoner suicide, 2012 Case 2:12-cv-01910-SSV-JCW Document 1 Filed 07/23/12 Page 1 of 66 Case 2:12-cv-01910-SSV-JCW Document 1 Filed 07/23/12 Page 2 of 66 Case 2:12-cv-01910-SSV-JCW Document 1 Filed 07/23/12 Page 3 of 66 Case 2:12-cv-01910-SSV-JCW Document 1 Filed 07/23/12 …
Article • July 15, 2012
Washington SVP Commitment Reversed for Improper Impeachment Evidence by The Washington State Court of Appeals reversed a lower court's civil commitment order under the State's Sexually Violent Predator Act (SVP). The Court held that the lower court erred in allowing an expert witness to be impeached by findings of fact …
Article • July 15, 2012
United States District Court in New York Sides with Prisoners in § 1983 Action against Former New York Governor George Pataki and Others by Derek Gilna United States District Court in New York Sides with Prisoners in § 1983 Action against Former New York Governor George Pataki and Others By …
Article • July 15, 2012 • from PLN July, 2012
California Pays $2.5 Million After Girl Attempts Suicide at Juvenile Facility by California officials have agreed to pay $2.5 million to the family of a teenage girl who was left severely brain damaged after trying to hang herself in the mental health unit of the Ventura Youth Correctional Facility (VYCF). …
Federal Suit Targets Dangerous, Unconstitutional Conditions in Fresno County, California Jail System by Fresh off their recent victory in Plata v. Brown, where the U.S. Supreme Court held that overcrowding is the primary cause of constitutionally inadequate medical and mental health care in California’s prison system [See: PLN, July 2011, …
Article • July 15, 2012
Oregon Court Reverses Civil Commitment without Prehearing Notice by The Oregon Court of Appeals, sitting En Banc, reversed an involuntary civil commitment order, finding that the trial court violated Oregon law by failing to provide prehearing notice. An Oregon woman, identified only by her initials, SJF, was involuntarily hospitalized on …
Article • July 15, 2012
Oregon "Magistrate Mental Illness Hold" Invalid; Judge, Prosecutor & Defense Attorney Face Ethics Complaints by Oregon "Magistrate Mental Illness Hold" Invalid; Judge, Prosecutor & Defense Attorney Face Ethics Complaints An Oregon judge issued a permanent "magistrate mental illness hold," indefinitely committing a man, without authority to do so. Now a …
Parish v. Cook County, IL, Plf Memo, Deny Pretrial Detainees Prescriptions, 2012 Case: 1:07-cv-04369 Document #: 175 Filed: 07/02/12 Page 1 of 46 PageID #:4201 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Michael Parish, et al., ) ) Plaintiffs, ) ) -vs) ) …
Bacote v. FBOP, CO, Complaint, Treatment Inmates with Mental Illness, 2012 Case 1:12-cv-01570 Document 1 Filed 06/18/12 USDC Colorado Page 1 of 108 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. MICHAEL BACOTE, HAROLD CUNNINGHAM, JOHN W. NARDUCCI, JR., JEREMY PINSON, and ERNEST NORMAN …
Dallas County Passes Jail Inspections ... Finally by It took eight tries over seven years, but the nation’s seventh-largest jail system, located in Dallas County, Texas, has finally started passing inspections by the Texas Commission on Jail Standards (TCJS), most recently in March 2012. Adam Munoz, executive director of the …
Michigan Sex Offender’s Suicide Results in Changes to Sex Offender Registry Law by Matthew Clarke by Matt Clarke When 17-year-old Justin Fawcett admitted to having consensual sex with a 14-year-old student at the same high school he attended in West Bloomfield, Michigan, he probably never thought that that youthful dalliance …
DeGraw v. Gualtieri, FL, Amended Complaint, Wrongful Death Manic Episode, 2012 Case 8:11-cv-00720-EAK-MAP Document 41 Filed 06/15/12 Page 1 of 15 PageID 297 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MICHAEL DEGRAW, as Personal Representative of the Estate of JENNIFER DEGRAW, Deceased, CASE NO.: 8:11-CV-720-EAK-MAP Plaintiffs, -vsBOB …
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