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$13 Million Ohio Wrongful Conviction Verdict Upheld by Sixth Circuit by On December 2, 2014, the Sixth Circuit U.S. Court of Appeals affirmed a district court jury verdict which awarded $13 million to a man who spent 12 years in prison for a murder conviction later overturned for malicious prosecution ...
$7,500 Settlement in Pennsylvania Prisoner’s “Nuisance Suit” by In January 2016, Pennsylvania’s Northumberland County agreed to pay $7,500 to settle a former prisoner’s lawsuit alleging he was denied access to the courts, visitation, recreation and receipt of incoming publications. While at the Northumberland County Prison, Charles Picarella, Jr., who is ...
Maine DA Sued for Malicious Prosecution by “Absolute immunity” typically allows prosecutors to escape liability in the event of malicious prosecutions. Even when prosecutorial misconduct is exposed, the punishment is usually far less severe than that experienced by the victim of the state’s wrongdoing – such as spending many years ...
Kentucky Prisoners Entitled to Review of Audio Recordings at Disciplinary Hearing by A Kentucky Court of Appeals held on February 26, 2016 that prisoners have a due process right to request the review of audio recordings at a prison disciplinary hearing. Proceeding pro se, Kentucky state prisoner Sammy F. Mobley, ...
A Story of Racial Bias, the Absence of Mercy, and a Death in Prison by By Equal Justice Initiative Forty-five years after Phillip Chance traveled from his home in Detroit, Michigan to visit family in rural Choctaw, Alabama, he died in an Alabama prison. During that visit in 1971, 15-year-old Phillip ...
Texas: “San Antonio Four” Exonerated after Two Decades by In 1997, Elizabeth Ramirez, Kristie Mayhugh, Cassandra Rivera and Anna Vasquez were convicted of sexually assaulting two young girls. The women came to be known as the “San Antonio Four.” With help from the Innocence Project of Texas, all four were ...
Five Wrongfully Convicted North Carolina Men Receive Almost $8 Million by David Reutter Five former prisoners who were wrongfully convicted in a home invasion murder have received settlements and compensation totaling nearly $8 million following a botched investigation and misconduct by the sheriff’s office in Buncombe County, North Carolina. Three ...
Georgia’s Supreme Court Rules on Private Probation Services by The Georgia Supreme Court held on March 25, 2016 that common law allows for tolling of privately-supervised misdemeanor probation sentences, and that such common law was not abrogated when lawmakers passed the State-Wide Probation Act. The case was before the state ...
Audit of the DEA’s Management and Oversight of its Confidential Source Program, OAG, 2016 Office of the Inspector General U.S. Department of Justice Audit of the Drug Enforcement Administration’s Management and Oversight of its Confidential Source Program Audit Division 16-33 September 2016 AUDIT OF THE DRUG ENFORCEMENT ADMINISTRATION’S MANAGEMENT AND ...
Violation of New York Disciplinary Witness Regulation Merits Rehearing by On October 27, 2015, the New York Court of Appeals held a prisoner’s challenge to a disciplinary hearing determination required remand for determination of whether the facts warranted a rehearing or expungement. While at Attica Correctional Facility, prisoner George Texeira ...
Tennessee District Attorney Ends Sterilization in Plea Bargains; Prosecutor Fired by David Reutter The District Attorney for Davidson County, Tennessee has banned the practice of seeking sterilization as part of plea bargains in criminal cases. The policy was implemented after an assistant prosecutor refused to discuss a plea unless a ...
Corizon, CCA Settle Lawsuit Over Solitary Confinement of Elderly Woman by Matthew Clarke Corizon Health and for-profit prison firm Corrections Corporation of America (CCA) have settled a lawsuit over the solitary confinement of a then-70-year-old prisoner following an alleged false positive drug test caused by Zantac, a heartburn medication. Carol ...
Phoenix Fire Investigators and Insurance Company Implicated in Wrongful Prosecutions by Joe Watson Following a decision by Arizona prosecutors not to criminally charge a pair of Phoenix Fire Department (PFD) investigators who allegedly lied under oath and trained a dog to implicate innocent people, victims have pursued justice through civil ...
Ninth Circuit Adopts Test to Excuse Exhaustion of Administration Remedies for Retaliatory Threats by The Ninth Circuit Court of Appeals joined other circuits in holding that a prisoner’s fear of retaliation may be sufficient to render the grievance procedure unavailable. The Court adopted a test that requires both a subjective ...
Widespread Failures at Crime Labs Continue to Plague Criminal Justice System by Derek Gilna Crime labs nationwide continue to face seemingly intractable problems – particularly in terms of unreliable forensic evidence testing and being influenced by law enforcement and prosecutorial bias. Despite efforts at reform, and efforts to implement technological ...
Guards Liable in Maryland Prisoner’s Murder on Transport Bus by The Maryland Court of Appeals held a trial court erred in striking a jury’s finding that a guard was liable for gross negligence in the murder of a prisoner on a transport.  The court further held gross negligence disentitles a ...
Article • November 14, 2016
New York Prisoner's Disciplinary Guilty Verdict Upheld by Christopher Zoukis On Sept. 22, 2016 the Appellate Division of the Supreme Court of New York upheld the conviction of state prisoner Jason Gano for violating prison rules. Gano allegedly set off a metal detector in the prison, prompting a pat-down search ...
New York Prisoner's Misbehavior Conviction Upheld by Christopher Zoukis On Sept. 20, 2016 the Appellate Division of the Supreme Court of New York upheld the conviction of state prisoner Aaron Isaiah Young for violating prison rules. Young allegedly refused prison guard orders, and assaulted staff. During the altercation, multiple guards ...
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 ...
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