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Lawsuits test crackdown on sex criminals by john gramlich Friday, April 18, 2008 Stateline Article By John Gramlich, Stateline.org Staff Writer A death-penalty case argued before the U.S. Supreme Court this week marks the latest constitutional challenge to an ongoing, nationwide crackdown on sex criminals. From California to North Carolina, …
Federal Judges Convene Three-Judge Panel to Consider “Prisoner Release Orders” to Remedy California’s Prison Overcrowding; Upheld on Appeal by Federal Judges Convene Three-Judge Panel to Consider "Prisoner Release Orders" to Remedy California's Prison Overcrowding; Upheld on Appeal On July 23, 2007, two United States District Court judges in the Northern …
Los Angeles County Pays $2.8 Million For Failure To Protect Accused Child Molester In Jail by An accused child molester who was savagely beaten by other prisoners after Los Angeles (LA) Men?s Central Jail officials negligently placed him in communal housing won a $2.8 million settlement from LA County. Jose …
Cheaper than Chimpanzees: Expanding the Use of Prisoners in Medical Experiments by Greg Dober by Gregory Dober "It is the duty of the doctor to remain the protector of the life and health of that person on whom clinical research is being carried out." Declaration of Helsinki In June 2006, …
Federal Court Grants Class Certification to Disabled Washington Prisoners by On August 10, 2007, the U.S. District Court for the Western District of Washington granted class certification to a group of disabled prisoners who were not allowed to participate in work release programs due to their disabilities. Plaintiff Rickey Peralez …
Brief • March 5, 2008
Hudson v. Dennehy, MA, Order, Religious Rights Violation, 2008 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO. 01-CV-12145-RGS MAC HUDSON AND DERRICK TYLER v. KATHLEEN DENNEHY, in her official capacity as Commissioner of the Massachusetts Department of Correction FINDINGS OF FACT, RULINGS OF LAW, AND ORDER AFTER A …
Scandal Rocks Texas Youth Commission; Youths Molested by School Supervisors by Gary Hunter During the 2006 elections, Texas Attorney General Greg Abbott ran television ads touting the capture of the state's 500th Internet child predator. Shortly after elected lawmakers convened in 2007 they went to work on a bill that …
Los Angeles Settles County Jail Murder Suit For $1 Million by John Dannenberg by John E. Dannenberg On August 14, 2007, Los Angeles County settled a lawsuit brought by the family of a mentally ill prisoner who was stomped to death in a holding cell by two prisoners, while guards …
Article • February 15, 2008 • from PLN February, 2008
Non-Convicted Michigan Sex Offenders Required to Register by The Sixth Circuit Court of Appeals has held that Michigan's Sex Offender Registration law, which requires persons charged with but not convicted of sex crimes to register as sex offenders, is constitutional. The Court's ruling affirms an order granting summary judgment to …
Study Finds Federal Defenders Outperform CJA Attorneys by Indigent federal criminal defendants represented by court-appointed private attorneys ?are, on average, more likely to be found guilty and? to receive longer sentences? than defendants represented by public defenders, according to a new study by a Harvard economist. The study was conducted …
Transsexuals Treated Poorly in New York Prisons by David Reutter by David M. Reutter The Sylvia Rivera Law Project (SRLP) has issued a report on the treatment of transgender and intersex people in New York state men?s prisons. That report finds that lesbian, gay, bisexual and transgender (LGBT) prisoners experience …
Videotape Confidentiality Claim Requires Specifics of Reasoning for Review by A New Jersey Superior Court, Appellate Division, has held that a generalized confidentiality assertion by the Department of Corrections (DOC) was improper, and the DOC must present sufficient evidence to enable the court to review its confidentiality claim. The ruling …
Texas Parole Law Remanded for Ex Post Facto Ruling by Gary Hunter By Gary Hunter Texas prisoner Wilson Brown, a convicted sex offender, went to prison in 1989. At the time Brown was convicted, all Texas prisoners required only two favorable votes to make parole. In 1993, the parole board …
Article • January 15, 2008
Prisoner's History of Protection and Notice of Danger Defeats Summary Judgment by The New York Court of Claims has denied prison officials' motion for summary judgment in a case alleging failure to protect. The plaintiff in this action, Clifford J. Faust, had been transported to four different prisons to protect …
Racial Impact Statements as a Means of Reducing Unwarranted Sentencing Disparities by Marc Mauer The extreme racial disparities in rates of incarceration in the United States result from a complex set of factors. Among these are sentencing and drug policies which, intended or not, produce disproportionate racial/ethnic effects. In retrospect, …
Seventh Circuit Rejects Federal Prisoner’s Necessity Defense by Seventh Circuit Rejects Federal Prisoner's Necessity Defense The Seventh Circuit found that a federal prisoner had failed to prove the requisite elements of the "necessity" defense in a prison weapon possession prosecution. In 1992, David Sahakian was sentenced to 360 months in …
Article • January 15, 2008 • from PLN January, 2008
Michigan Anti-Civil Rights Amendment Declared Unconstitutional by John Dannenberg by John E. Dannenberg The U.S. District Court for the Eastern District of Michigan declared unconstitutional a March 2000 amendment to Michigan?s Elliot-Larson Civil Rights Act (ELCRA), which had stripped prisoners from protection against discrimination. This important ruling, which is being …
Prisoner’s Oral Complaints Worthy of First Amendment Protection; by Prisoner's Oral Complaints Worthy of First Amendment Protection;  $1 in Damages and $1.50 in Fees Awarded The Seventh Circuit Court of Appeals has held that a prisoner's oral complaints about matters of "public concern" that are designed to "urge a change …
California Jail Settles Gender-Identity-Disorder Discrimination Suit by John Dannenberg by John F. Dannenberg Orange County and its Sheriff, Michael Carona, settled a discrimination suit brought by a prisoner whom they denied treatment for Gender Identity Disorder (GID). They now provide such individuals specialized medical treatment for their disorders, educate Sheriff's …
Washington Pays $665,000 to Prisoner Injured In Racially Motivated Attack by On May 30, 2007, the State of Washington agreed to pay $635,000 to a black prisoner who was injured in an attack by white prisoners. The white prisoners were members of a ?Security Threat Group?. The plaintiff was also …
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