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Iowa Supreme Court Announces Brady Standard Applies to Motion for New Trial Based on Withheld Exculpatory Medical Records by Douglas Ankney by Douglas Ankney The Supreme Court of Iowa announced that when deciding a motion for new trial that alleges exculpatory material from medical records was improperly withheld pursuant to …
Article • April 15, 2021 • from CLN May, 2021
Seventh Circuit: District Court Retains Jurisdiction When Habeas Petitioner Moves to Prison Outside of District by Dale Chappell by Dale Chappell Settling issues of habeas corpus jurisdiction that have been less than clear in previous cases, the U.S. Court of Appeals for the Seventh Circuit held on February 12, 2021, …
Article • April 15, 2021 • from CLN May, 2021
Abuse of Civil Asset Forfeiture Laws Prompts Class Action Lawsuit by Casey Bastian by Casey J. Bastian Civil asset forfeiture laws allow law enforcement agencies to seize property if that property is suspected of being related to criminal activity. These laws do not require that the owner be convicted of …
Article • April 15, 2021 • from CLN May, 2021
Tech Company Enables Surveillance by Jayson Hawkins by Jayson Hawkins A little-known tech company in Texas has altered the landscape of digital police surveillance. Hawk Analytics, headquartered in Bartonville, has developed software that streamlines the process police use to turn the huge quantities of information they get from cellular companies …
Michigan State Police Reverse on Use of Messaging App That Can Evade FOIA Requests by Douglas Ankney by Douglas Ankney The Michigan State Police (“MSP”) made admissions in a lawsuit revealing that top officials within the MSP used a text-messaging encryption app that causes messages to self-destruct once deleted, leaving …
Wyoming Supreme Court: District Court Abused Discretion by Granting State’s Dismissal of Charges Without Prejudice and Refiling to Gain Tactical Advantage, Remands for Dismissal With Prejudice by Douglas Ankney by Douglas Ankney The Supreme Court of Wyoming ruled that a district court abused its discretion when it dismissed without prejudice …
Article • April 15, 2021 • from CLN May, 2021
Fourth Circuit: Employment Restriction for Supervised Release Overbroad and Impermissible Delegation of Power to Probation by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on January 22, 2021, on a direct appeal, that a total ban on any employment unless authorized by probation …
Article • April 15, 2021 • from CLN May, 2021
Texas Court of Criminal Appeals: Good Faith Exception Inapplicable to Unsworn Search Warrant by Anthony Accurso by Anthony Accurso The Court of Criminal Appeals of Texas held that the good faith exception to Texas’ exclusionary rule does not apply where an officer executes a search warrant that he knows is …
Brief • April 14, 2021
Filed under: Centurion, Malpractice
Molina v. Centurion Correctional Healthcare of New Mexico, LLC, NM, Settlement Agreement, Medical Malpractice, 2021 Centurion 003113 RELEASE IN FULL AND SETTLE MENT AGREEM ENT THIS RELEASE IN FULL AND SETTLEMENT AGREEMENT ("Agreement") is executed this ~ a y of t-+p Q.. \ L 2021, by Stephen Molina. RECITALS A. …
Brief • April 14, 2021
J.B. v. County of Los Angeles, CA, Settlement Agreement, False Arrest and Excessive Force, 2021 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Mutual Release of All Claims ("Agreement") is entered into between the following parties ("the Parties"): Plaintiff J.B., a Minor, by and through his Guardian …
Brief • April 9, 2021
Filed under: Wrongful Death
Palacios v County of San Diego, CA, Settlement, Wrongful Death, 2021 RELEASE AND SETTLEMENT OF ALL CLAIMS For the sole consideration of ONE MILLION DOLLARS AND NO CENTS ($1 ,000,000.00), Plaintiff, Maria Palacios, individually and as the Estate of Decedent Ivan Ortiz (hereinafter referred to as "Plaintiff') hereby release and …
Brief • April 8, 2021
Filed under: Censorship
O'Neil-Barrett v. ODOC, Second Amended Complaint, Censorship, 2021 Jacob Barrett #11123024 Oregon State Correctional Institution 3405 Deer Park Dr. SE Salem Oregon 97310 Human Rights Defense Center PO Box 1151 Lake Worth Beach, FL 33460 January 18, 2022 RE: Assignments Dear Panagioti: Hey Panagioti, I am enclosing a copy of …
Brief • April 7, 2021
Harvard v. Inch, FL, Order Vacating Magistrate Judge's Order, Retaliation, 2021 Case 4:19-cv-00212-MW-MAF Document 279 Filed 04/07/21 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JAC’QUANN (ADMIRE) HARVARD, et al., Plaintiffs, v. Case No.: 4:19cv212-MW/MAF MARK INCH, Secretary of Florida Department of …
Brief • April 6, 2021
Filed under: Strip Searches
Rogers v. DCYF, WA, Complaint, Strip Search, 2021 Case 3:21-cv-05248-RAJ-MLP Document 1 Filed 04/06/21 Page 1 of 23 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 MICHAEL ROGERS, …
Article • April 3, 2021
End Controversial Programs That Fund Surveillance Tech by Anthony Accurso By Anthony Accurso The incoming Biden administration has promised to work on the issues of inequity in policing and racial inequity. These issues are intertwined and will be mostly complicated to solve. However, President Biden could start by issuing executive …
Brief • April 2, 2021
Filed under: Sexual Assault
Aldrich v. Sanches, CA, Complaint, Sexual Assault, 2021 Case 2:21-cv-02864-MCS-kk Document 1 Filed 04/02/21 Page 1 of 28 Page ID #:1 1 2 3 4 5 Carter C. White, CBN #164149 ccwhite@ucdavis.edu U.C. Davis Civil Rights Clinic One Shields Avenue, Bldg. TB-30 Davis, CA 95616-8821 Telephone: 530.752.5440 Facsimile: 530.752.5788 6 …
Article • March 27, 2021
Filed under: Forfeiture
Massachusetts Worst in Nation for Civil Forfeiture Laws by Dale Chappell by Dale Chappell The Institute for Justice announced in its latest Policy for Profit report that Massachusetts was the only state in the country to earn an “F” because of its unfair civil forfeiture laws. One reason is that …
Article • March 26, 2021
Filed under: Racial Profiling
Report Revisits FBI’s History of White Extremism by Jayson Hawkins by Jayson Hawkins The images that emerged from the Jan. 6, 2021, siege of Capitol Hill left many people around the world appalled that such events could occur in the cradle of modern democracy. Yet the then­president’s rhetoric of incitement …
Article • March 26, 2021
Developmentally Challenged Man on Registry to Get New Hearing by Douglas Ankney by Douglas Ankney The Illinois Prison Review Board has agreed to review Adam Nesteikis’ case. Adam, 34, needs more attention than most men his age. He must be reminded to brush his teeth and to shave. He was …
Brief • March 24, 2021
Filed under: Centurion
Martinez v. Centurion Correctional Healthcare of New Mexico, LLC, et al., NM, Settlement Agreement, Medical Malpractice, 2021 Centurion 003100 RELE ASE IN FULL AND SETTLEMENT AGREEMENT ~ IBIS RELEASE IN FULL AND SETTLEMENT AGREEMENT is executed this ~ ~'.'.\<W:':C..h dayof 2021, by Felix Martinez. RECITALS A. Felix Martinez filed a …
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