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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 …

Illinois Federal Jury Awards Record $15.5 Million in False Arrest Case

Article • November 15, 2008 • from PLN November, 2008

Filed under: Police Misconduct, Prosecutor/Attorney General Misconduct, Polygraphs, Attorneys, Attorney Fee Awards, Wrongful Imprisonment, Municipal Liability, False Arrest

Illinois Federal Jury Awards Record $15.5 Million in False Arrest Case by Matthew Clarke by Matt Clarke On December 20, 2007, an Illinois federal jury awarded a record amount in a civil rights case for false arrest – $15.5 million. The damage award was against the sheriff of Will County, …

$5,775 Awarded For 104 Days of Over-Incarceration in Ohio Prison

Article • November 15, 2008 • from PLN November, 2008

Filed under: Sentencing, Wrongful Imprisonment

of Rehabilitation and Corrections for damages in an amount equal to those prescribed for wrongful imprisonment actions. Thomson also sought damages for severe emotional distress. Using the wrongful imprisonment ...

Texas Federal Judge Acquits VitaPro Defendants

Article • September 15, 2008 • from PLN September, 2008

Filed under: Contractor Misconduct, DOC/BOP misconduct, Criminal Prosecution, Food, Sentencing, Wrongful Imprisonment

Texas Federal Judge Acquits VitaPro Defendants by Matthew Clarke by Matt Clarke On April 22, 2008, Houston, Texas, federal judge Lynn Hughes acquitted former Texas prison chief James “Andy” Collins, 57, and former president and CEO of VitaPro Foods Yank Barry of federal charges for bribery, money laundering, conspiracy and …

$45,000 Damage Award to Traveler Detained in San Francisco Airport

Article • August 15, 2008

Filed under: Civil Procedure, Damages, Injunctions, Sanctions, Wrongful Imprisonment

$45,000 Damage Award to Traveler Detained in San Francisco Airport by The plaintiff was awarded $45,000 in compensatory and punitive damages against federal customs inspectors for unlawful detention at an airport on suspicion of drug smuggling. The plaintiff lacks standing to seek injunctive relief since she is not likely to …

Holding Prisoner 57 Days Without Judicial Appearance Unconstitutional

Article • August 15, 2008

Filed under: Court Access, Court Appearances, Wrongful Imprisonment

Holding Prisoner 57 Days Without Judicial Appearance Unconstitutional by The plaintiff turned himself in at the county jail after he learned that a warrant had been issued because he missed a court appearance concerning child support arrearages. The sheriff's office misfiled his records and kept him for 57 days despite …

Compassionless Conservative Texas Judge Closes Court Promptly, Ensuring Execution

Article • July 15, 2008 • from PLN July, 2008

Filed under: Judicial Misconduct, DNA Testing/Samples, Judiciary, Sentencing, Wrongful Imprisonment, Death Penalty

Compassionless Conservative Texas Judge Closes Court Promptly, Ensuring Execution by Matthew Clarke by Matt Clarke Sharon Keller, 54, presiding judge of the Texas Court of Criminal Appeals, has come under sharp criticism for refusing to keep the court open twenty minutes past its usual closing time to permit a late …

King County Washington Prisoner Gets over $3,100 for False Imprisonment

Article • July 15, 2008

Filed under: Wrongful Imprisonment, Police, False Arrest

King County Washington Prisoner Gets over $3,100 for False Imprisonment by Terry Sybil, a King County, Washington prisoner, served 10 days in the county jail on a bench warrant, but the warrant wasn't recalled. He was later arrested and held for 27 1/2 hours on the same warrant and sued …

33,000 California Prisoners May Need Credits Recalculated Due To Retroactive State Court Decisions

Article • June 15, 2008 • from PLN June, 2008

Filed under: Conditions of Confinement, Staffing, Good Time, Wrongful Imprisonment, Employee Litigation, Guard Unions

33,000 California Prisoners May Need Credits Recalculated Due To Retroactive State Court Decisions by John Dannenberg by John E. Dannenberg Three recent California court decisions interpreting California’s sentencing laws have spawned a need for the California Department of Corrections and Rehabilitation (CDCR) to recalculate the release dates of an estimated …

FBI Informant Sues for 110 Days False Imprisonment in Oregon Prison

Article • June 15, 2008

Filed under: Informants, Sentencing, Wrongful Imprisonment

FBI Informant Sues for 110 Days False Imprisonment in Oregon Prison by An FBI informant is suing the Oregon Department of Corrections (ODOC) for holding him 110 days past his release date. In the late 1970s, Jack Rowlands gained notoriety by planting a bomb at Portland International Airport, in a …

No Due Process Violation for Holding Sex Offender Past Release Date

Article • May 15, 2008

Filed under: Sex Offenders (Discrimination), Sentencing, Wrongful Imprisonment

No Due Process Violation for Holding Sex Offender Past Release Date by The plaintiff, a convicted sex offender, was not released until three months after his conditional release date because his residence was not approved until then. The requirements for approval were formalized only one day before his CR date. …

Dismissal of Suit Against Parole Commissioner Reversed

Article • May 15, 2008

Filed under: Parole, Wrongful Imprisonment, Immunity/Liability, Judicial Immunity

Dismissal of Suit Against Parole Commissioner Reversed by The plaintiff alleged that a parole commissioner delayed his release for several months without justification. The district court should not have dismissed on grounds of absolute immunity without a record showing whether the commissioner's actions were quasi-adjudicative (warranting immunity) or administrative (not …

County Immune for Holding Federal Detainee Without Court Hearing

Article • May 15, 2008

Filed under: Court Access, Court Appearances, Wrongful Imprisonment, Federal Tort Claims Act, Municipal Liability

County Immune for Holding Federal Detainee Without Court Hearing by The plaintiff, a federal detainee held in a county jail, was detained for 12 days before being taken before a judicial officer. The Feds settled. The County could not be held liable because its actions did not cause the deprivation: …

Maryland Prison Officials Get Qualified Immunity for Prisoner “Retake” Orders

Article • May 15, 2008

Filed under: Sentencing, Parole, Wrongful Imprisonment, Qualified Immunity

Maryland Prison Officials Get Qualified Immunity for Prisoner “Retake” Orders by Maryland Prison Officials Get Qualified Immunity for Prisoner "Retake" Orders Based on a state appellate decision concerning sentence credit, prison officials decided they had released some prisoners incorrectly, so they had them arrested and reincarcerated through "retake orders." The …