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Article • October 5, 2014
Filed under: Restitution
Restitution for Oregon Police Overtime Not Recoverable by Restitution for Oregon Police Overtime Not Recoverable   The Oregon Court of Appeals reversed a restitution order requiring payment of $7,808.34 in overtime pay to officers assigned to guard a hospitalized defendant.   Jeffrey E. Kuehner was arrested on sex offense, kidnapping …
Article • October 5, 2014
Filed under: Victims, State Legislation
Oregon Defense Investigator under No Duty to Reveal Identity to Victim by Oregon Defense Investigator under No Duty to Reveal Identity to Victim   The Oregon Court of Appeals reversed the revocation of a private investigator's license for failing to tell a crime victim that he worked for a criminal …
Article • October 5, 2014
Filed under: Police Misconduct
Oklahoma Supreme Court Upholds Sheriffs Removal from Office by Oklahoma Supreme Court Upholds Sheriffs Removal from Office   The Oklahoma Supreme Court upheld a Sheriff’s removal from office for willful misconduct, holding that the State was not required to pursue all alleged acts to justify removal. The Court also held …
No KORA Violation without Change of Residence by No KORA Violation without Change of Residence   The Kansas Supreme Court held that a sex offender did not violate the state's 10-day reporting requirement by failing to report while traveling.   Under the Kansas Offender Registration Act (KORA), sex offenders must …
Article • October 5, 2014
Ninth Circuit Says Absolute Immunity Protects Extradition Decisions by Ninth Circuit Says Absolute Immunity Protects Extradition Decisions   The Ninth Circuit Court of Appeals held that the decision not to extradite a criminal defendant is intimately associated with the criminal phase of the judicial process. Therefore, state officials participating in …
Article • October 5, 2014
Nevada Juveniles Not Prisoners for Prisoner Battery Statute by Nevada Juveniles Not Prisoners for Prisoner Battery Statute   The Nevada Supreme Court held that a juvenile detained for delinquency in a state facility is not a prisoner for purposes of Nevada's felony battery-by-a-prisoner statute.   "Javier C., was adjudicated delinquent …
SORNA Does Not Violate Ex Post Facto Clause, 11th Circuit Rules by SORNA Does Not Violate Ex Post Facto Clause, 11th Circuit Rules   The federal Sex Offender Registration and Notification Act (SORNA) is a civil and non-punitive regulatory scheme that does not violate the Ex Post Facto Clause, the …
Article • October 5, 2014
Texas Supreme Court Rules on Which Experts Qualify for Civil Commitment Trial by Matthew Clarke Texas Supreme Court Rules on Which Experts Qualify for Civil Commitment Trial   by Matt Clarke   On August 31, 2012, the Supreme Court of Texas held that an expert who testifies in a civil …
Article • October 5, 2014
Ninth Circuit: Subjective Unawareness Insufficient to Excuse Non-Exhaustion by Ninth Circuit: Subjective Unawareness Insufficient to Excuse Non-Exhaustion   The Ninth Circuit Court of Appeals held that subjective unawareness of a grievance procedure does not render the administrative remedy "unavailable" under the Prison Litigation Reform Act (PLRA). The prisoner must prove, …
Article • October 5, 2014
Los Angeles County Settles in Sexual Harassment/Assault Case by Los Angeles County Settles in Sexual Harassment/Assault Case   In August 2012, Los Angeles County settled with Plaintiff Sylvia Wilson for $375,000.00 less $122,915.00 in attorney fees and costs. Plaintiff alleged sexual harassment and assault in May 2010 while a participant …
Article • October 5, 2014
Filed under: Police
Los Angeles County Settles in Officer Traffic Accident by Los Angeles County Settles in Officer Traffic Accident   The County of Los Angeles settled in May 2012 for $525,000 with Plaintiff Arthur Lerille, Jr., in a Los Angeles County Superior Court, a claim alleging negligent driving on the part of …
Article • October 5, 2014
Filed under: Police
Los Angeles County Offers $150,000 to Settle Patrol Vehicle Accident Suit by In August 2012, the Los Angeles County Claims Board recommended that the Board of Supervisors make an offer of $150,000 to settle a lawsuit arising from an automobile accident that occurred in the early morning hours of June …
Failure to Exhaust Administrative Remedies Dooms 7th Circuit Prisoner Suit by Derek Gilna Failure to Exhaust Administrative Remedies Dooms 7th Circuit Prisoner Suit   By Derek Gilna   The §1983 civil rights complaint filed by Wisconsin state prisoner, James R. Schultz, has been dismissed by the 7th Circuit Court of …
Article • October 5, 2014
$350,000 Settlement in Immigrant Detainee’s Death Caused by Medical Neglect by $350,000 Settlement in Immigrant Detainee’s Death Caused by Medical Neglect   A wrongful death lawsuit against Virginia’s Piedmont Regional Jail (PRJ) has been settled for $350,000. The death involved an immigration detainee who died from complications of an untreated …
Article • October 5, 2014
$2.225 Million Settlement in Failure to Protect New Mexico Prisoner by $2.225 Million Settlement in Failure to Protect New Mexico Prisoner   The Board of Commissioners for New Mexico’s Bernalillo County agreed to a $2.225 million settlement in a lawsuit alleging that guards at its jail allowed and provoked prisoners …
Article • October 5, 2014
Report: Police State Gets Credit for Increased Incarceration Rates, But Not Crime Reduction by Report: Police State Gets Credit for Increased Incarceration Rates, But Not Crime Reduction   There are more police in the United States than ever before, and crime rates are at their lowest levels in 30 years. …
Article • October 5, 2014
Indiana Prisoners Lack Property Right in Recreation Fund by Indiana Prisoners Lack Property Right in Recreation Fund   In an opinion handed down on February 9, 2012, the Seventh Circuit Court of Appeals upheld a lower court's determination that Indiana state prisoners had no property interest in a prison's recreation …
Article • October 5, 2014
Florida Courts Required to Accommodate Blind Litigants with Braille Documents by Florida Courts Required to Accommodate Blind Litigants with Braille Documents   The Florida Supreme Court has held that a legally blind litigant was entitled to mandamus relief to compel an appellate court to accept pleadings in Braille and to …
Article • October 4, 2014
Fifth Circuit Holds Younger Doctrine Precludes Challenge to Louisiana Public Defender Fees by Fifth Circuit Holds Younger Doctrine Precludes Challenge to Louisiana Public Defender Fees   On April 16, 2012, the Fifth Circuit Court of Appeals held that the Younger abstention doctrine prohibits federal court challenges to Louisiana's public defender …
Article • October 4, 2014
Filed under: Parole
Harsher Stance by Virginia Parole Board Fails to Demonstrate Actionable Claim by Harsher Stance by Virginia Parole Board Fails to Demonstrate Actionable Claim   The Fourth Circuit Court of Appeals held that eleven prisoners failed to allege facts demonstrating a plausible case to support that the Virginia Parole Board (the …
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