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Article • February 4, 2020 • from PLN February, 2020
Filed under: Strip Searches, Defenses
New Jersey County Not Entitled to Defense or Indemnification by the State in Suit Alleging Exposure of Jail Detainees by Douglas Ankney by Douglas Ankney In an unpublished decision, the Superior Court of New Jersey, Appellate Division, held that Salem County is entitled to neither defense nor indemnification by the …
Article • January 10, 2020 • from PLN January, 2020
Filed under: Defenses
Former Seventh Circuit Judge Posner Founds Short-Lived Project to Help Pro Se Litigants by Kevin Bliss by Kevin Bliss An assistance project for pro se litigants, started by retired federal judge Richard Posner, shut down after just over a year because there was much greater demand than could be provided by …
Article • August 6, 2018 • from PLN August, 2018
Arizona Man Falsely Arrested, Prosecuted by Iowa Officials Accepts $285,000 Settlement by Edward Lyon by Ed Lyon Early on January 1, 2017, Tristan Hermanson was with a woman in his apartment in Cedar Rapids, Iowa. Two men entered, assaulted him and stole money and his cell phone. The woman, Elizabeth …
Article • May 9, 2018 • from PLN May, 2018
Confusion Over Insanity Defense Leads One Jury to Issue Two Verdicts in Triple Murder by Christopher Zoukis by Christopher Zoukis A jury’s decision that a defendant on trial for murder was mentally ill but should go to prison led a judge to initially withhold judgment in the case. Dan Popp, …
Article • April 2, 2018 • from PLN April, 2018
Oregon Jailer Facing Sex Charges Improperly Denied Insanity Defense by The Oregon Court of Appeals held that a female jail employee who repeatedly let a prisoner out of his cell to have sex with him should have been allowed to present an insanity defense at trial. As previously reported in …
Article • March 10, 2017 • from PLN March, 2017
Defense Attorneys Seek Access to DNA-Matching Software’s Source Code by Matthew Clarke TrueAllele DNA testing software has been employed in hundreds of criminal cases around the country since 2009. The software is used to analyze evidence containing mixtures of genetic material and determine whether it contains a match to a …
"The System Abuses Us by Locking Us Up Forever": Aging Survivors Behind Bars by Victoria Law By Victoria Law, Truthout On October 6, 2016, 15-year-old Bresha Meadows will appear in an Ohio family court for the death of her abusive father. Meadows had spent a lifetime watching her father hit, …
Colorado’s “Make My Day” Law No Longer Applies to Prisoners by David Reutter by David Reutter On the heels of the dismissal of murder charges against two Sterling Correctional Facility (SCF) prisoners under the state’s “Make My Day” law, lawmakers quickly rolled back the self-protection statute’s applicability to prisoners. Prosecutors …
Article • March 4, 2016
Making friends with a ‘murderer’ – and proving he’s innocent by By Colby Itkowitz Alfred Dewayne Brown spent 10 years on death row for a crime he did not commit. During that time, he formed an unlikely friendship with a man who would eventually fight to set him free.  Theirs was …
Brief • August 25, 2014
Sweeney v. Lorain County, OH, Settlement, 2014
D.C. Circuit Reinstates Prisoner’s FOIA Suit by Derek Gilna D.C. Circuit Reinstates Prisoner’s FOIA Suit by Derek Gilna Carlos Marino, incarcerated for a 1997 drug conspiracy conviction, submitted a Freedom of Information Act (FOIA) request to the Drug Enforcement Administration (DEA), seeking the agency’s investigative file for a co-conspirator who …
Article • October 15, 2013 • from PLN October, 2013
Filed under: Civil Procedure, Defenses
Third Circuit Finds Just Cause or Excuse Defense Not Applicable in Prison Assault Case by Derek Gilna Aaron Taylor, incarcerated at the Federal Detention Center (FDC) in Philadelphia, was charged with assault with a dangerous weapon under 18 U.S.C. § 113(a)(3) and assault resulting in serious bodily injury under § …
Forms of Judicial Deference in Prison Law by Sharon Dolovich by Sharon Dolovich1 Anyone familiar with the constitutional law of prisoners’ rights knows how ready courts are to find against prisoners in the name of “judicial deference.” It is not unreasonable for courts to grant a measure of deference to …
Article • May 15, 2012
Tennessee Appeals Court Denies Prisoner's "Coram Nobis" Petition by Tennessee Appeals Court Denies Prisoner's "Coram Nobis" Petition Prisoner George Campbell Jr.'s appeal of the order of the trial court denying his petition for "coram nobis" relief has been dismissed by the Court of Criminal Appeals of Tennessee at Jackson. Campbell …
Article • December 15, 2009
Defamation Claim Filed by Hawai'i Sex Offender Labeled as Murderer Dismissed by On June 30, 2009, a Hawai'i Appellate Court filed its decision affirming the trial court judgment to dismiss a complaint filed on September 11, 2002 by a convicted sex offender, Waldorf Roy Wilson. Defendants in the complaint were …
Article • October 15, 2009
Fifth Circuit: PLRA Exhaustion Requirement an Affirmative Defense by On July 5, 2007, the Fifth Circuit Court of Appeals held that failure to meet the PLRA’s exhaustion requirement is an affirmative defense and prisoners are not required to plead exhaustion in their complaints, nor can a district court of its …
Article • February 15, 2009
Oregon Prohibits Public Individuals' Cause Of Action Elimination Absent Adequate Substitution by The Oregon Health Sciences University (OHSU) sought review of an appellate ruling disregarding statutory provisions and allowing claims against the OHSU's individual defendants for neglect causing permanent brain damage to Jordan Clarke in 1998. Clarke's guardian, Sari, sought …
Prisoner's Action Dismissed For Non Exhaustion; Remanded To Ascertain Officials' Interference by Bob Williams By: Bob Williams Leavenworth (Kansas) federal pro se prisoner Jose Aquilar-Avellaveda appealed the dismissal of his Bivens complaint against prison officials for legal material confiscation and disposal, restrictive segregation and sleep deprivation. The dismissal for non-exhaustion …
Administrative Exhaustion “Yardstick” Under PLRA is Prison Grievance Procedures by by David Reutter The Third Circuit U.S. Court of Appeals has held in an unpublished ruling that the determination as to whether a prisoner has “properly” exhausted a claim is based on an evaluation of the prisoner’s compliance with institutional …
Article • December 15, 2008 • from PLN December, 2008
Tenth Circuit: Procedural Defense to Federal Prisoner’s ETS Suit Fails on Inadequate Grievance Record-Keeping by John Dannenberg Tenth Circuit: Procedural Defense to Federal Prisoner’s ETS Suit Fails on Inadequate Grievance Record-Keeping by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals reversed a summary judgment order in a federal …
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