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Eighth Circuit Holds Failure of U.S. Parole Commission to Hold Early Termination Hearing Does Not Make Custody Illegal

Article • April 15, 2009

Filed under: Sentencing, Parole, Habeas Corpus, Wrongful Imprisonment, U.S. Sentencing Guidelines

Eighth Circuit Holds Failure of U.S. Parole Commission to Hold Early Termination Hearing Does Not Make Custody Illegal by The Eighth Circuit Court of Appeals has held that 18 U.S.C. sec. 4211(c)(1) creates only a right to an early parole termination hearing, not a right to release in the absence …

Dismissal of Suit Challenging Loss of Diminution Credits Upheld

Article • April 15, 2009

Filed under: Prison Labor, Education, Civil Procedure, Parties, Good Time, Wrongful Imprisonment

Dismissal of Suit Challenging Loss of Diminution Credits Upheld by On May 8, 2008, the Maryland Court of Special Appeals upheld the dismissal of a prisoner suit challenging the loss of diminution credits. Alfred Fraction and Gregory Nutter, Maryland prisoners, sued the Secretary of the Department of Public Safety and …

New York Civil Case Settled in 1977 by Simply Clarifying Rule

Article • April 15, 2009

Filed under: Police Misconduct, Protests, Arrestee Searches, Crime, Sentencing, Wrongful Imprisonment

New York Civil Case Settled in 1977 by Simply Clarifying Rule by A U.S. district court in New York allowed the New York City Police Department (NYCPD) to settle a civil case in 1977 by stipulating and clarifying the NYCPD’s policy on bystanders remaining in the area of an arrest …

California Unlawful Arrest and Excessive Force Nets $90,000

Article • April 15, 2009

Filed under: Wrongful Imprisonment, Police, False Arrest, Excessive Force (Police)

California Unlawful Arrest and Excessive Force Nets $90,000 by The City of Salinas, California paid a Daly City man $90,000 to settle his lawsuit for unlawful arrest, detention and excessive force. Maurice Goodman, an African American staff paralegal for the San Mateo County Superior Court, and coach and team president …

$16,000 Awarded in Father's Day False Arrest

Article • April 15, 2009

Filed under: Damages, Wrongful Imprisonment, Family Law, Fathers in Prison, Police, False Arrest, Arrest Warrants

$16,000 Awarded in Father's Day False Arrest by On November 30, 2005, John McHenry of Delaware County, Pennsylvania was awarded $1,000 in compensatory damages and an additional $15,000 in punitive damages as a result of his civil rights suit for false arrest. On June 16, 2002, Father's Day, McHenry was …

Section 2501 Imposes Jurisdictional Limitation for False Imprisonment; Claim Must Be Brought Within Six Years

Article • April 15, 2009

Filed under: Limitations, Sentencing, Wrongful Imprisonment, Federal Tort Claims Act

Section 2501 Imposes Jurisdictional Limitation for False Imprisonment; Claim Must Be Brought Within Six Years by The United States Court of Appeals for the Federal Circuit affirmed a lower court’s dismissal of a false imprisonment claim against the United States. Because the action was not brought within the six year …

California Appellate Court: First-Degree Murderer Released After 24 Years And Four Governor-Reversals Of Grants Of Parole

Article • April 15, 2009

Filed under: Sentencing, Parole, Habeas Corpus, Wrongful Imprisonment

California Appellate Court: First-Degree Murderer Released After 24 Years And Four Governor-Reversals Of Grants Of Parole by The California Court of Appeal, in 2-1 decision, overruled Governor Schwarzenegger’s fourth reversal of a grant of parole for a 60-year-old female first-degree murderer after finding that her release was not supported by …

Obama Administration Contends Prisoner Has No Right to DNA Testing

Article • March 15, 2009

Filed under: DNA Testing/Samples, Sentencing, Wrongful Imprisonment

Obama Administration Contends Prisoner Has No Right to DNA Testing by David C Fathi By David C. Fathi DNA testing is a uniquely powerful crime-solving tool. Testing crime scene evidence using new and advanced techniques has solved many previously unsolved crimes, leading to the arrest and conviction of rapists and …

$1,375 Settlement For 11 Days Excessive Federal Imprisonment

Article • March 15, 2009

Filed under: Settlements, Sentencing, Good Time, Wrongful Imprisonment

$1,375 Settlement For 11 Days Excessive Federal Imprisonment by Ex federal prisoner and Washington, D.C., resident Isaac McKelvin filed an administrative tort claim with the United States Department of Justice (DOJ), Federal Bureau of Prisons (BOP), for being incarcerated 11 days past his mandatory release date. He was paid $1,375 …

Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine

Article • February 15, 2009 • from PLN February, 2009

Filed under: Disciplinary Litigation, Public Defenders, Sentencing, Wrongful Imprisonment, Restitution, Municipal Liability

Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine by Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine The Sixth Circuit Court of Appeals has held the favorable-termination doctrine does not apply to 42 U.S.C. § 1983 actions brought by prisoners who were foreclosed from challenging their incarceration in a habeas …

Federal Prisoner Eligible For Community Placement Despite BOP Regulations

Article • January 15, 2009

Filed under: Sentencing, Parole, Habeas Corpus, Wrongful Imprisonment, U.S. Sentencing Guidelines, Probation

Federal Prisoner Eligible For Community Placement Despite BOP Regulations by Bob Williams By: Bob Williams The United States Court of Appeals for the Tenth Circuit has invalidated Bureau of Prisons (BOP) community placement regulations as inconsistent with congressional intent. Florence (Colorado) Federal Correctional Institution Warden, Ron Wiley, appealed a 2006 …

Unnecessary Delay Of Probation Revocation Proceeding Unjustified Absent Timely Warrant

Article • January 15, 2009

Filed under: Sentencing, Wrongful Imprisonment, U.S. Sentencing Guidelines, Probation

Unnecessary Delay Of Probation Revocation Proceeding Unjustified Absent Timely Warrant by United States prisoner Randall Crisler appealed the revocation of his probation for violating it's conditions. The delayed revocation was ordered after his probation expired and his supervised release was ordered terminated by the appellate court. Crisler was sentenced to …

Illinois War Veteran Awarded Over $2 Million For Malicious Prosecution

Article • January 15, 2009

Filed under: Misconduct/Corruption, Police Misconduct, Criminal Prosecution, Damages, Juries, Wrongful Imprisonment, False Arrest

Illinois War Veteran Awarded Over $2 Million For Malicious Prosecution by Illinois resident and retired Marine Timothy Finwall brought a 42 U.S.C. § 1983 action against the City of Chicago, two of its detectives and resident Mary Boswell for illegal, unethical and malicious prosecution. He was framed in 2001 for …

California Act Requires Three Drug Abuse Violations Before Parole, Probation Revocation

Article • January 15, 2009

Filed under: Parole, Wrongful Imprisonment, Probation, Parole Conditions, Mental Health, Drug Treatment/Rehab

California Act Requires Three Drug Abuse Violations Before Parole, Probation Revocation by California State prisoner Barry Hazle appealed his probation revocation for drug abuse violations that sent him to prison. His third revocation petition alleged violations occurring prior to his second. The court reversed the incarceration ruling. Hazle pled guilty …

California Appellate Court Affirms Parole for Lifer Over Governor’s Objection

Article • January 15, 2009

Filed under: Sentencing, Parole, Habeas Corpus, Wrongful Imprisonment

California Appellate Court Affirms Parole for Lifer Over Governor’s Objection by by John E. Dannenberg The California Court of Appeal, Second District, Division 6, affirmed a superior court’s ruling that had overturned Governor Arnold Schwarzenegger’s reversal of a favorable parole decision for a second-degree murderer. Applying an “especially close scrutiny” …

L.A. Documents Ordered Produced Regarding False Arrest And Prosecution

Article • January 15, 2009

Filed under: Police Misconduct, Discovery, Sentencing, Wrongful Imprisonment, False Arrest

L.A. Documents Ordered Produced Regarding False Arrest And Prosecution by California State resident Raul Ramirez sought production of documents pertaining to his unlawful arrest and prosecution of a crime he was subsequently acquitted. The documents were for use in his 42 U.S.C. § 1983 action and were ordered produced with …

Third Circuit Bars § 1983 Action For Untimely Release Under Heck

Article • January 15, 2009

Filed under: Sentencing, Habeas Corpus, Wrongful Imprisonment

Third Circuit Bars § 1983 Action For Untimely Release Under Heck by Pennsylvania state ex prisoner Hozay Royal appealed the 2004 dismissal of his 42 U.S.C. § 1983 action after being released six months past his mandatory release date. The dismissal was affirmed because the action was barred under Heck …

Remedy for Failure to Give California Parole Violator Timely Revocation Hearing is Release from Custody

Article • January 15, 2009

Filed under: Sentencing, Parole, Wrongful Imprisonment

Remedy for Failure to Give California Parole Violator Timely Revocation Hearing is Release from Custody by by John S. Dannenberg The California Court of Appeals has held that when a parole violator is denied a timely revocation hearing that comports with the due process protections set forth in Valdivia v. …

California Thwarts Due Process In "Medically Disordered Offender" Post Release Commitment Trial

Article • January 15, 2009

Filed under: Sentencing, Wrongful Imprisonment, Involuntary Treatment/Drugging

California Thwarts Due Process In "Medically Disordered Offender" Post Release Commitment Trial by California Mentally Disordered Offender (MDO) Roy Cobb, Jr., appealed a court order, imposed after his statutory release date, committing him to the state hospital. The order was affirmed because Cobb was put on notice prior to his …

Connecticut Police, City Liable For Withholding, Doctoring Evidence In False Arrest

Article • January 15, 2009

Filed under: Police Misconduct, Government Misconduct, Wrongful Imprisonment, Police, False Arrest

Connecticut Police, City Liable For Withholding, Doctoring Evidence In False Arrest by Connecticut resident Christopher Russo appealed the dismissal of his 42 U.S.C. § 1983 action after being falsely arrested and imprisoned for over seven months. He was acquitted after police were forced to present exculpatory evidence. The ruling was …