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Orange Crush: The Rise of Tactical Teams in Prison by Brian Dolinar by Brian Dolinar, Truthout Since Ferguson, there has been a public outcry over militarized police who shoot down African Americans on the streets of our cities, but less is known beyond prison walls about guards who regularly brutalize those ...
A Primer on Prisoners’ Constitutional Rights by Alex Friedmann Prison Legal News (PLN) regularly reports on prison and jail-related court decisions involving violations of prisoners’ constitutional rights. Those who are new to the arena of civil rights litigation and unfamiliar with prisoners’ few remaining rights may need a basic introduction ...
Warrantless Jail Cell Manuscript Seizure Vacates Oregon Rape Convictions by Mark Wilson The Oregon Court of Appeals reversed an Oregon man's rape convictions, finding that prosecutors improperly seized a handwritten manuscript from his jail cell without a warrant. Kenneth Everett Moore was arrested on six counts of rape when his ...
Idaho DOC Can’t Stop Love; State Senator’s Ex-wife Weds Prisoner by Mark Wilson Lance Conway Wood, 48, was described as “a strong-willed inmate” with an extensive “history of ‘crossing the line’” who “exploits the human weaknesses of prison staff,” according to a federal judge. Wood, however, undoubtedly views himself as ...
Brief • July 7, 2016
Smith v. State of Illinois, IL, Opinion, shakedown loss of inmate property, 2015 IN THE COUIRT OF CLAIMS OFTHE I FILED STATE OF ILLINOIS COURT Of CUMMS NOV 0 4 Z015 MATTHEW SMITH. #B-86629 S^taiyotSttttMd Ex-Oifielo QwkCwrt of CliInB Claimant, Case No. 15-CC-0807 V. STATE OF ILLINOIS, V Respondent. ) ...
8th Circuit Court of Appeals Examines Possession in Prison Searches by The 8th Circuit Court of Appeals affirmed a Missouri federal district court’s dismissal of a petition for writ of habeas corpus that alleged denial of due process. Petitioners Carroll James Flowers and Christopher Michael Danner instituted separate actions against ...
Article • January 15, 2010
Escapees Retain No Privacy Right From Searches by Prison escapees enjoy no Fourth Amendment right to privacy, the U.S. Court of Appeals for the Fifth Circuit decided February 26, 2009. Dan Ward was mistakenly released by state authorities after receiving a ten year sentence for being a felon-in-possession of a ...
Evidence Found During Search of Prisoner’s Home While on Home Detention Not Subject to Suppression by On May 22, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed the denial of a motion to suppress evidence found during the search of a prisoner’s home while he was on ...
Second Circuit Recognizes Attorney-Client Privilege in Prisoner’s Journal in Prosecution of Rapist Guard by Second Circuit Recognizes Attorney-Client Privilege in Prisoner’s Journal in Prosecution of Rapist Guard The Second Circuit Court of Appeals held that a female prisoner did not waive attorney-client privilege with respect to certain writings in her ...
Article • July 15, 2008
Pennsylvania Prisoners' Privacy not Unlawfully Invaded by Mayor's Monitoring Their Cells via Video Camera from His Home by Robert DeBlasio and Deborah McFadden, prisoners in a Pennsylvania county jail, sued the county, its cops and its mayor for invasion of privacy after learning that the mayor monitored their cells from ...
Article • September 15, 2007 • from PLN September, 2007
California: Disciplinary Conviction Upheld Where Petitioner Argued Only Violation of Constitutional Rights, Not State Law Rights by John Dannenberg Strictly construing the U.S. Supreme Court's "some evidence" rule, the California Court of Appeal held that where one cellmate had secreted contraband razor blades in his cell property, his cellmate could ...
No Qualified Immunity for Guards Who Seized Prisoner's Legal Papers by The U.S. Court of Appeals for the Sixth Circuit reversed a district court's grant of summary judgment in favor of prison guards who had confiscated a prisoner's legal papers as an alleged act of retaliation for the prisoner's exercise ...
Article • May 15, 2007
$7,000 Paid in Washington Prisoner's Legal Mail Withholding Claim by In October 1993, Robert D. Wrinkle was a prisoner at Washington's Clallam Bay Correction Center. Wrinkle received via legal mail a videotape of jury selection in his criminal trial, which was needed to complete a supplemental brief. Wrinkle was never ...
NY Prisoner's Right to Practice Religion was Violated by In an unpublished opinion, the U.S. Court of Appeals for the Second Circuit held that pro se prisoners proceeding in forma pauperis were "entitled to rely on service by the U.S. Marshals." A New York prisoner filed a suit against the ...
Article • May 15, 2007
Dismissal of Minnesota Sex Offender's Search and Seizure Claim Upheld by The U.S. Eighth Circuit Court of Appeals upheld the dismissal of a civilly committed Minnesota prisoner's claim that the search and seizure of his property violated his constitutional rights and state law. While imprisoned at the Moose Lake facility ...
Article • May 15, 2007
Harassment in Cell Searches Not Permitted by The U.S. Fourth Circuit Court of Appeals reversed and remanded the U.S. District Court of Virginia in a cell shakedown case involving destruction of a prisoner's personal property and legal material. Russell T. Palmer, Jr., a prisoner at the Bland Correctional Center in ...
Article • May 15, 2007
Filed under: Searches, Cell Searches
Fourth Circuit Affirms No Privacy Right in Cell Searches by Virginia prisoner Russell Palmer sued Bland Correctional Center guard Ted S. Hudson for civil rights violations in intentionally searching his cell and maliciously destroying his property and legal work. The district court granted summary judgment to the officer, holding Palmer ...
Article • May 15, 2007
No Fourteenth Amendment Violation Resulting From Losses During Cell Search by The U.S. Supreme Court held that the Fourteenth Amendment does not protect a prisoner's possessions and that prisoners have no reasonable expectation of privacy" in their cells. A Virginia prisoner filed suit in response to a cell search by ...
Article • May 15, 2007
Filed under: Searches, Cell Searches
Prisoner Has No Reasonable Expectation Of Privacy In Cell by The U.S. Ninth Circuit Court of Appeals held that the search of a prisoner's cell and dissemination of his mail did not violate the Fourth Amendment, but remanded to the district court his First Amendment claims. While a California state ...
Article • May 15, 2007
Detainees Entitled To Contact Visits, To Be Present During Shakedowns by The U.S. Court of Appeals for the Ninth Circuit held that pretrial detainees were entitled to contact visits and to be present during cell searches. Pretrial detainees in the Los Angeles County Central Jail brought a class action § ...
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