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Article • May 15, 2007
Filed under: Money/Property, Restitution
Federal Restitution Order Upheld by Different Sentencing Court by In 1993, a federal district court in North Carolina ordered Lauletto, Love to pay $50,000 in restitution following her conviction for credit card fraud. Several convictions later, a federal district court in Louisiana, as a parole condition, ordered her to pay …
Article • May 15, 2007
IL Guards' Single Instance of Indifference to Prisoner's Medical Needs Not Unconstitutional by IL Guards' Single Instance of Indifference to Prisoner's Medical Needs Not Unconstitutional In June of 1999 Norman Calhoun reported to begin serving a 120 day sentence in the jail for Kane County, Illinois. He had called the …
Article • May 15, 2007
IL Guards May Withhold Showers and Meals Until Prisoner Complies With Prison Rules by IL Guards May Withhold Showers and Meals Until Prisoner Complies With Prison Rules Harry Rodriguez, an Illinois state prisoner, refused to comply with a prison rule requiring prisoners to store certain of their property in a …
Article • May 15, 2007
Filed under: Classification, Parole
MO Prisoner's 1983 Action to Correct Parole Record Dismissed as Frivolous by John Quincy Adams, a Missouri state prisoner, was denied parole based on records stating that he was an alcoholic. He filed suit in a federal district court under 42 U.S.C. § 1983, seeking correction to his parole record …
NCDOC Discriminates Against Female Guards by In December of 1993, the United States filed suit against the North Carolina Department of Correction (NCDOC) in a federal district court. The suit alleged that the NCDOC was discriminating against women in terms of its promotion and hiring practices, in violation of U.S.C. …
Article • May 15, 2007
Filed under: Medical, Medical Expenses
NY Mental Patient Liable For Cost of Treatment Even Though She Is Without the Ability to Pay by NY Mental Patient Liable For Cost of Treatment Even Though She Is Without the Ability to Pay Patricia II was a patient at a state-run psychiatric center in 1997, for which a …
SD Prisoner's 1983 Action Dismissed for Not Moving to Add Parties Within the Allotted Time by SD Prisoner's 1983 Action Dismissed for Not Moving to Add Parties Within the Allotted Time On April 26, 2000 Gregory Kaubisch, a South Dakota prisoner, was beaten by his cellmate. George Kaubisch, as his …
Article • May 15, 2007
WA Conviction of Possession of a Controlled Substance Affirmed by Gary Hutt was a prisoner in the Grant County Jail in Ephrata, Washington. In November of 2003 Paul Holland left drugs in a toilet tank at a medical center across the street from the jail, where a prisoner pretending to …
Article • May 15, 2007
WA Guards Enjoined From Opening Legal Mail Outside Prisoners' Presence by Ralph Fourmont is a prisoner at the Washington State Penitentiary (WSP) in Walla Walla. After WSP mailroom guards opened his legal mail outside his presence, he sought a preliminary injunction in a federal district court. The court enjoined anyone …
Article • May 15, 2007
Eighth Circuit Refuses to Stay Mandate in Doe v. Miller Pending Certiorari by Two years ago, a federal district court ruled that Iowa's draconian restrictions on where registered sex offenders could live were unconstitutional. Doe v. Miller, 298 F.Supp.2d 844 (S.D. Iowa 2004). [PLN, Dec. 2004, p. 28]. The Eighth …
Expulsion from Sex Offender Treatment Program Implicates Liberty Interest by Bob Williams By Bob Williams Finding confinement and treatment inextricably linked, the United States District Court for the District of Colorado has ruled that a Colorado prisoner may have a liberty interest in participating in a Sex Offender Treatment Program …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for by Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
Article • May 15, 2007
Pennsylvania Criminal Restitution Debt Not Dischargeable in Bankruptcy Action by Gerald Thompson, a land developer, defrauded a customer out of over $20,000. The customer filed criminal charges, and Thompson filed for bankruptcy, listing the $20,000 as a debt to be discharged . The customer didn't object, and the bankruptcy became …
Kansas Strip-Search Suit Subject to Three-Year Statute of Limitation by Shawn McCormick was arrested in Lawrence Kansas where police subjected him to a strip search and a body cavity search. More than two years later, but less than three, he filed suit in state court under KSA § 22-2523, claiming …
Article • May 15, 2007
$60,000 Paid in Failure Florida Jail Prisoner to Protect Claim by While imprisoned at Florida's Duval County Jail in October 1998, a 39-year-old prisoner was assaulted by his cellmate, suffering multiple facial fractures, visual impairment, loss of teeth, facial nerve damage, headaches, and emotional distress. The prisoner plaintiff's complaint alleged …
Article • May 15, 2007
$50,000 Paid in Texas Improper Housing Classification/Assault by Imprisoned at Texas' Bastrop County Jail for traffic tickets and DWI probation violation, the plaintiff in this case found himself placed in a cell block with convicted felons and other violent offenders. On September 25, 1995, the prisoner plaintiff was attacked by …
Article • May 15, 2007
Regret Expression Issued for Improper Arrest by On December 15, 1995, Texas' Grand Prarie police SWAT team burst into 18-year-old Bryan McMillen's parents' house and put guns to McMillen's head while awaking him from bed. Their purpose was to arrest him for the murder of Adrianne Jones, whose boyfriend said …
$95,000 Award in Excessive Force on Quadriplegic by During a struggle while being arrested on December 12, 1996, Boyd Knight, a quadriplegic, was pulled from his wheelchair by Texas police officer Glen Osborn, who hit, kicked, and dragged Knight around his house, while officer David Houser watched. When taken to …
Article • May 15, 2007
Filed under: Organizing, Protests
Illinois Residential Picketing Statute Unconstitutional by The Seventh Circuit Court of Appeals has held that a residential picketing statute that makes the picketing of residences or dwellings a misdemeanor, with certain enumerated exceptions, violates the equal protection clause of the Fourteenth Amendment. The plaintiffs in this action were fourteen members …
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