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Article • October 10, 2017 • from PLN October, 2017
Private Probation Company Agrees to End Drug Testing Absent Court Order by David Reutter by David Reutter In a preliminary consent order, Sentinel Offender Services, a private probation company, agreed to stop its practice of drug testing probationers without court approval. The order was entered in a class-action case challenging ...
Article • September 6, 2017
Random Drug Tests Do Not Violate Kansas Guard's Fourth, Fourteenth Amendment Rights, Tenth Circuit Holds by Lonnie Burton by Lonnie Burton On February 6, 2017, the U.S. Court of Appeals for the Tenth Circuit affirmed a decision of a Kansas federal district court judge dismissing a lawsuit filed by a ...
Article • September 6, 2017
Arizona Supreme Court Clarifies Proper Standard for Reviewing Search of a Probationer's Home by Christopher Zoukis by Christopher Zoukis The Arizona Supreme Court has cleared up confusion in the state about the amount of suspicion required to legally search a probationer's home without a warrant. Christian Adair was on probation ...
Article • September 6, 2017
Seventh Circuit Passes on Opportunity to Weigh in on Police Use of Cell-Site Simulators by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit has refused to remand a case for further fact-finding about the government's use of cell-site simulators during investigations. Damian Patrick ...
Article • August 30, 2017 • from PLN September, 2017
Denver Man, Accused of Rape Due to Mishandled DNA, Has Lawsuit Dismissed by Derek Gilna by Derek Gilna Shawnnon Hale, 24, wrongful accused of felony rape and jailed for 61 days, was released from custody in Denver, Colorado in early 2015 when the police crime lab acknowledged it had mislabeled ...
Article • August 30, 2017 • from PLN September, 2017
Third Circuit Vacates Summary Judgment on SHU Strip Search Claims by The Court of Appeals for the Third Circuit reversed a summary judgment order in favor of prison officials who subjected prisoners in segregation to visual body-cavity searches three times a day. While confined in a Secured Housing Unit (SHU) ...
Extensive Contraband Found During Shakedowns at Mississippi Prisons by A surprise predawn shakedown on March 3, 2017 yielded an “excessive amount of contraband” at one of Mississippi’s three privately-operated prisons, according to Mississippi Department of Corrections (MDOC) Interim Commissioner Pelicia Hall. The search at the Wilkinson County Correctional Facility was ...
Article • August 23, 2017
$200,000 Settlement in City Counsel’s Refusal to Film Meetings by David Reutter by David Reutter The City of Cumming, Georgia, agreed to pay $200,000 to settle a lawsuit alleging it prohibited a citizen from filming a City Council meeting. Nydia Tisdale attended an April 17, 2012, Cumming City Council meeting ...
Article • August 22, 2017
No Right to Private Attorney Call for Iowa DUI Arrestee Prior to Consent to Breathalyzer Test by Lonnie Burton by Lonnie Burton On June 24, 2016, the Supreme Court of Iowa rejected the appeal of man who claimed his Sixth Amendment right to counsel was violated when he was denied ...
Article • August 22, 2017
New York Federal Court Allows Attorney's Fees for Time Spent Preparing Application for Attorney's Fees by Lonnie Burton by Lonnie Burton In a Memorandum & Order dated December 21, 2016, United States District Court Judge Nicholas G. Garaufis, adopted in full a magistrate's Report & Recommendation (R&R) granting just over ...
Article • August 7, 2017
Filed under: Strip Searches, Bail
$7,500,000 Class-Action Settlement for Illegal Strip-Searches in Camden, NJ by Joe Watson by Joe Watson A class-action, Fourth Amendment lawsuit originally filed by Laverne Hicks and Michael Velez, two New Jersey men who had each been stopped by state police for alleged traffic violations and subsequently strip-searched and jailed by ...
Article • July 20, 2017
Guilty Plea Does Not Foreclose Oregon DNA Testing Request; No Credibility Findings at Appointment of Counsel Stage by Mark Wilson by Mark Wilson The Oregon Court of Appeals reversed a lower court's refusal to appoint counsel on a request for DNA testing, twice. The court instructed that a guilty plea ...
Brief • July 12, 2017
Payne v. County of Cook, IL, Amended Complaint, Illegal Police Search, 2016 Case: 1:15-cv-03154 Document #: 120 Filed: 04/12/16 Page 1 of 49 PageID #:782 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ORANGELO PAYNE, Plaintiff v. ) ) ) ) COUNTY OF COOK, ...
Brief • July 12, 2017
Payne v. County of Cook, IL, Judgment, Illegal Police Search, 2016 1:15-cv-03154 ILND 450 (Rev.Case: 10/13) Judgment in a Civil ActionDocument #: 155 Filed: 12/09/16 Page 1 of 1 PageID #:1075 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS Orangelo Payne, Plaintiff(s), Case No. 15 cv ...
Brief • July 12, 2017
Lipford v. City of Chicago, IL, Amended Complaint, Illegal Police Search, 2016 Case: 1:15-cv-06988 Document #: 45 Filed: 01/21/16 Page 1 of 8 PageID #:172 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MICHAEL LIPFORD, Plaintiff, v. 15 CV 6988 CITY OF CHICAGO, G. ...
Young v. County of Cook, IL, Settlement, Strip Searches, 2017 Case: 1:06-cv-00552 Document #: 858-1 Filed: 05/11/17 Page 1 of 6 PageID #:17034 SETTLEMENT AGREEMENT This Settlement Agreement ("Settlement Agreement") is signed and effective as ofMay 9, 2017, by Illinois National Insurance Company, the Insurance Company of t.he State of ...
Article • June 30, 2017 • from PLN July, 2017
Filed under: DNA Testing/Samples
Texas Forensic Science Commission Addresses Problem with DNA Testing Protocols by Matthew Clarke by Matt Clarke The mission of the Texas Forensic Science Commission (TFSC) is to set standards for the use of scientific evidence in the state’s criminal justice system. In investigating the proper standards for DNA testing during ...
National Police Accountability Project - CLE Seminar Brochure, DC, 2017 Name:_____________________________________ Firm: _____________________________________ Address:___________________________________ City:_______________ State:___ Zip:___________ Phone:_____________ E-mail_________________ Please bill my: [ ] Visa [ ] MC [ ] Discover Card #_____________________________________ Expiration Date: _____________________________ CVV Code: ______________________________ Signature: __________________________________ [ ] Check enclosed (Please make check payable to: ...
Article • June 14, 2017
Federal Court Orders Missouri Police to Answer Questions, Produce Documents in False Arrest Lawsuit by On April 10, 2014, United States District Court Judge Carol E. Jackson, sitting in the Eastern District of Missouri, issued an order requiring the police defendants in a false arrest civil rights lawsuit to answer ...
Article • June 9, 2017 • from PLN June, 2017
Filed under: Evidence, Videotaping
Kentucky: Disciplinary Proceeding Reversed for Failure to Review Video Footage by Lonnie Burton by Lonnie Burton On May 20, 2016, a Kentucky Court of Appeals, in a 2-1 decision, held that a prisoner has the right, upon request, to have video surveillance footage reviewed and considered by the hearing officer ...
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