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Oregon Parole Board Ordered to Consider Sex-Offense-Free Time When Setting Sex Offender Notification Levels by On November 28, 2023, the Oregon Court of Appeals reversed a determination by the state Board of Parole and Post-Prison Supervision that denied a former state prisoner relief from registration as a sex offender without …
Fifth Circuit Denies Qualified Immunity to Louisiana Prison Chief for Prolonging Prisoner’s Detention with Sex Offender Misclassification by David Reutter by David M. Reutter On July 17, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed denial of qualified immunity (QI) to Louisiana Department of Public Safety and …
Doctor Convicted of Sexually Abusing USA Gymnasts Is Stabbed in Prison Cell by One of the more notorious prisoners at a federal lockup in Florida was stabbed by a fellow prisoner on July 9, 2023. Larry Nassar, 59, survived and was recovering from the assault by 49-year-old Shane McMillan. The …
Article • August 15, 2023 • from PLN August, 2023
$30,000 Paid by Michigan to Prisoner Wrongfully Classified as Sex Offender by David Reutter by David M. Reutter On March 6, 2023, a Michigan prisoner dismissed his complaint against officials with the state Department of Corrections (DOC) after agreeing to accept $30,000 to settle claims that he suffered the “stigmatizing …
Fifth Circuit: No Liability for Texas County that Improperly Relied on Polygraph to Imprison Released Sex Offender Additional 13 Years by Benjamin Tschirhart by Benjamin Tschirhart In a maddening decision issued on March 23, 2022, the U.S. Court of Appeals for the Fifth Circuit performed legal gymnastics to deny a …
Mitchell Hamline School of Law-The Sex Offense Litigation and Policy, 2022 MITCHELL HAMLINE Sex Offense Litigation and Policy Resource Center SORNA 2022: A Guide for Practitioners to New Federal SORNA Regulations Effective January 7, 2022 The Sex Offense Litigation and Policy Resource Center (SOLPRC) at Mitchell Hamline School of Law …
California Supreme Court: CDCR Cannot Exclude Nonviolent Sex Offenders From Proposition 57 Parole Consideration by On December 28, 2020, the Supreme Court of California held that California Department of Corrections and Rehabilitation (CDCR) regulations excluding nonviolent sex offenders with from parole consideration under Proposition 57, the Public Safety and Rehabilitation …
Article • December 1, 2021 • from PLN December, 2021
Civilly Detained Sex Offender Plaintiff Proceeding In Forma Pauperis Not a Prisoner Under PLRA by The Second Circuit Court of Appeals held that “an individual detained pursuant to civil sex offender confinement statute is not a ‘prisoner’ under the PLRA.” The court directed the clerk to reimburse the appellant all …
Article • October 1, 2021 • from PLN October, 2021
Fourth Circuit Rules Prisoner Sex Offender has No Right to In-Person Visitation with His Minor Children by Douglas Ankney by Doug Ankney James Desper is a convicted sex offender incarcerated at the Augusta Correctional Center in Craigsville, Virginia. For six years, Desper received visits from his minor child without incident. …
Article • August 1, 2020 • from PLN August, 2020
Commitment to New Jersey’s “Special Treatment Unit” a Potential Death Sentence by Kevin Bliss by Kevin W. Bliss Sex offenders who had completed their criminal sentences in the state of New Jersey were being civilly committed to a facility that had a higher death rate due to COVID-19 than any …