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Article • December 28, 2017
Connecticut Supreme Court: Death Penalty Abolition is Retroactive by Matthew Clarke by Matt Clarke On August 12, 2015, the Supreme Court of Connecticut ruled that to execute a person following the state legislature's prospective abolition of the death penalty would violate the state constitution's prohibition against cruel and unusual punishment. …
Article • December 27, 2017
Michigan Supreme Court Uses Technicality to Deny Access to Courts in Suits Against the State by Christopher Zoukis by Christopher Zoukis On June 5, 2015, the Michigan Supreme Court shut the door on two plaintiffs who had been injured by Michigan state employees. On May 19, 2007, Lori Stone injured …
Sixth Circuit: Jail Guard's Criticism of Sheriff was Protected Speech by Christopher Zoukis by Christopher Zoukis Joseph Boulton, a jail guard at the Genesee County, Michigan jail, lost his claim alleging unconstitutional retaliation for protected speech on July 29, 2015. During union arbitration proceedings, Boulton testified that Sheriff Christopher Swanson …
Article • December 27, 2017
Filed under: Sex Offender Treatment
California Appellate Court Remands Sex Offender Commitment Order by Christopher Zoukis by Christopher Zoukis The First Appellate District for the California Court of Appeals has remanded a lower court's decision to civilly commit a prisoner as a sexually violent predator (SVP). The Alameda County District Attorney filed a petition to …
Article • December 27, 2017
Eighth Circuit Affirms Dismissal of Excessive Force Case by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eighth Circuit affirmed the dismissal of a civil rights claim brought against the Jefferson County, Missouri Sheriff's Department by a man beaten during a traffic stop. Edward C. …
Article • December 27, 2017
Seventh Circuit Rejects Demand for Recusal in Milwaukee Strip-Search Cases by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit recently denied the City of Milwaukee's attempt to force the removal of the judge presiding over several unconstitutional police strip-search cases on the basis …
Article • December 27, 2017
First Circuit Vacates Supervised Release Conditions for Sex Offender by Christopher Zoukis by Christopher Zoukis The Court of Appeals for the First Circuit has vacated two onerous conditions of supervised release and reversed the imposition of a 20 year term of supervised release on a sex offender for violation of …
No Qualified Immunity for Officer Who Beat and Tasered Mentally Ill Man to Death by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eleventh Circuit has ruled that an excessive force claim made by the estate of a man killed by police during an arrest …
Article • December 27, 2017
Juvenile Sex Offenders in W.V. Not Required to Register After State Supreme Court Rules 'Adjudication' Not 'Conviction' by Lonnie Burton by Lonnie Burton On February 14, 2017, the West Virginia Supreme Court issued a decision that under state law, a juvenile adjudicated guilty of a sex offense was not required …
Article • December 27, 2017
Indiana Supreme Court: Juvenile May Not Be Ordered to Register as Sex Offender Until Release by Lonnie Burton by Lonnie Burton On February 15, 2017, the Indiana Supreme Court reversed a Court of Appeals decision affirming a Fayette Circuit Court ruling which ordered a juvenile sex offender to comply with …
Article • December 27, 2017
Suspect Evidence Informed a Momentous Supreme Court Decision on Criminal Sentencing by Ryan Gabrielson by Ryan Gabrielson, ProPublica  <script type="text/javascript" src="https://pixel.propublica.org/pixel.js" async="true"></script> More than 30 years ago, Congress identified what it said was a grave threat to the American promise of equal justice for all: Federal judges were giving wildly different punishments …
Fines and Fees: Explained by Jessica Brand by Jessica Brand, In Justice Today In our Explainer series, Fair Punishment Project lawyers help unpackage some of the most complicated issues in the criminal justice system. We break down the problems behind the headlines — like bail, civil asset forfeiture, or the Brady …
Article • December 27, 2017
A Dubious Arrest, a Compromised Prosecutor, a Tainted Plea: How One Murder Case Exposes a Broken System by Megan Rose by Megan Rose, ProPublica.org <script type="text/javascript" src="https://pixel.propublica.org/pixel.js" async="true"></script> The case of Demetrius Smith reads like a preposterous legal thriller: dubious arrests, two lying prostitutes, prosecutorial fouls and a judge who backpedaled …
Article • December 27, 2017
Yes, Lawsuits Are Expensive--But So Is Police Misconduct by by Antonio Romanucci Last week [October 2017] my firm, Romanucci & Blandin, secured the largest verdict ever in a police misconduct lawsuit in Illinois against the city of Chicago — $44.7 million. In an op-ed reacting to the verdict, William Choslovsky pointed …
Article • December 26, 2017
Arkansas Court Must Make Findings of Fact to Order Incarceration Costs by The Arkansas Supreme Court remanded for findings of fact an order that allowed the Arkansas Department of Corrections (ADC) to confiscate a prisoner’s lawsuit proceeds as reimbursement for costs associated with incarceration. Dexter J. Harmon, who has been …
Article • December 26, 2017
Claim of Right to Counsel Infringement Survives in Detainees’ Claim of Recorded Attorney Calls by A Florida federal district court granted in part and denied in part a defendant’s motion for summary judgment in a civil rights action that alleged the sheriff of Broward County violated the constitutional attorney-client privileges …
Article • December 26, 2017
Jail Records Protected Conversation: Federal District Court Does Not Dismiss Suit by A Florida federal district court denied a motion to dismiss a civil rights action that alleged the sheriff of Broward County violated the constitutional attorney-client privileges of a group of pre-trial detainees. The motion sought to dismiss Broward …
Article • December 26, 2017
SCOTUS: IDEA Exhaustion Applies Only if Suit is Educational by The U.S. Supreme Court vacated a Federal 6th Circuit Court of Appeal’s dismissal of a civil discrimination suit filed against a public school for alleged violation of the Americans with Disabilities Act (ADA), which occurred when the defendants refused to …
Article • December 22, 2017
Willful Violation of Tennessee FOIA Occurs by Requiring Unauthorized Fees by A Tennessee state appellate court reversed a trial court’s ruling that a custodian of records’ denial of access to public records was “not willful." The court found the denial was “willful." Where the prior ruling prevented the trial court from …
Article • December 22, 2017
Tennessee’s Death Penalty on Hold by David Reutter by David M. Reutter Capital punishment is on hold in Tennessee. The Tennessee Supreme Court halted execution to allow lower courts to hold hearings on the new lethal injection protocol. Meanwhile, attorneys for death row prisoners are arguing the death penalty is …
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