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Davis v. Lowe, PA, Complaint, Excessive Force, 2023

Brief • November 15, 2023

Filed under: Excessive Force, Pepper Spray/Tear Gas

Davis v. Lowe, PA, Complaint, Excessive Force, 2023 Case 4:23-cv-01896-WIA Document 1 Filed 11/15/23 Page 1 of 46 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DAMION DAVIS, : : Plaintiff, : : v. : : CRAIG LOWE, Warden; : FAGAN, Corrections Lieutenant; : LINDA FORSHAY, …

News in Brief

Article • November 1, 2023 • from CLN November, 2023

Filed under: News in Brief

News in Brief by Alabama: According to The New York Times, the most notable sack and fumble of the Jefferson County high school football game on September 14, 2023, came after the game ended and the police were in the process of clearing the stadium. In the tradition of historically …

Estate of Lagrotteria v. Allegheny County, PA, Complaint, Wrongful Death-Inadequate Medical Care, 2023

Brief • October 17, 2023

Filed under: Wrongful Death, Medical Neglect/Malpractice

Estate of Lagrotteria v. Allegheny County, PA, Complaint, Wrongful Death-Inadequate Medical Care, 2023 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA JEFFREY LAGROTTERIA, as Administrator Pendente Lite of the Estate of ANTHONY G. TALOTTA, Plaintiff, v. ALLEGHENY COUNTY, ALLEGHENY HEALTH NETWORK, WILSON BERNALES, DONALD W. STECHSCHULTE, …

Third Circuit Vacates Possession of Cocaine Conviction Due to Insufficient Evidence to Support Weight Element

Article • October 1, 2023 • from CLN October, 2023

Filed under: Motion to Intervene, Insufficiency of the Evidence

Third Circuit Vacates Possession of Cocaine Conviction Due to Insufficient Evidence to Support Weight Element by David Reutter by David M. Reutter On July 7, 2023, the U.S. Court of Appeals for the Third Circuit, in a precedential ruling, ordered a defendant to be resentenced after it found there was …

Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review

Article • October 1, 2023 • from CLN October, 2023

Filed under: First Step Act, Procedural Default/Error, Resentencing

Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit vacated the U.S. District Court for the Eastern District of …

News in Brief

Article • October 1, 2023 • from CLN October, 2023

Filed under: News in Brief

News in Brief by Arizona: According to information attained by Hatewatch, the leader of the extremist Constitutional Sheriffs and Peace Officers Association emailed a video regarding an investigation into his son which could potentially cause the father to be prosecuted. Richard Mack sent a video of his son’s alleged child …

Third Circuit: Pennsylvania Second-Degree Aggravated Assault of a Protected Individual Not a ‘Violent Felony’ Under ACCA, Court Acknowledges ‘Bizarre Result’

Article • September 1, 2023 • from CLN September, 2023

Filed under: Sentencing Goals/Purposes/Practices, Protected Persons, Sentence Enhancements/Departures

Third Circuit: Pennsylvania Second-Degree Aggravated Assault of a Protected Individual Not a ‘Violent Felony’ Under ACCA, Court Acknowledges ‘Bizarre Result’ by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Third Circuit held that second-degree aggravated assault of a protected individual in violation of 18 Pa. …

News in Brief

Article • August 1, 2023 • from CLN August, 2023

Filed under: News in Brief

News in Brief by California: The District Attorney for Los Angeles County, George Gascón, announced that a police officer in San Fernando was charged with theft. CBS News reported that the officer, Jeffrey King, 37, was handed charges on June 6, 2023, of misdemeanor petty theft, felony extortion, and felony …

Rivera v. Redfern, PA, Opening Brief, Failure to Protect, 2023

Brief • June 8, 2023

Filed under: Failure to Protect (General)

Rivera v. Redfern, PA, Opening Brief, Failure to Protect, 2023 Case: 23-1554 Document: 11-1 Page: 1 Date Filed: 06/08/2023 No. 23-1554 IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT MICHAEL RIVERA, Plaintiff-Appellant, v. REDFERN, et al Defendants-Appellees. On Appeal from the United States District Court for the …

Rivera v. Redfern. PA, Opening Brief of Appellant, Excessive Force, 2023

Brief • June 8, 2023

Filed under: Excessive Force, Pepper Spray/Tear Gas

Rivera v. Redfern. PA, Opening Brief of Appellant, Excessive Force, 2023 Case: 23-1554 Document: 11-1 Page: 1 Date Filed: 06/08/2023 No. 23-1554 IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT MICHAEL RIVERA, Plaintiff-Appellant, v. REDFERN, et al Defendants-Appellees. On Appeal from the United States District Court for …

Pennsylvania Supreme Court: Exigent Circumstances Exception Does Not Justify Police’s Warrantless Seizure of Suspect’s Blood Sample by Hospital Staff

Article • March 15, 2023 • from CLN April, 2023

Filed under: Exigent Circumstances, Warrantless Searches, Blood Samples/Tests

Pennsylvania Supreme Court: Exigent Circumstances Exception Does Not Justify Police’s Warrantless Seizure of Suspect’s Blood Sample by Hospital Staff by Jacob Barrett by Jacob Barrett The Supreme Court of Pennsylvania upheld a Superior Court’s decision that a blood sample taken by hospital staff must be suppressed because neither the exigent …

Pennsylvania DOC-Inmate Pay Increases, Dec. 2022

Publication • December 29, 2022

Filed under: Prisoners' Rights

Pennsylvania DOC-Inmate Pay Increases, Dec. 2022 ~ pennsylvania ~ DEPARTMENT OF CORRECTIONS TO: All Inmates FROM: George M. Little Secretary of Corrections DATE: December 29, 2022 SUBJECT: Pay Scale Increase As we celebrate this holiday season, it is refreshing to look back over the past year and see how far …

News in Brief

Article • December 15, 2022 • from CLN January, 2023

Filed under: News in Brief

News in Brief by Arizona: A police officer in Scottsdale was arrested on Nov. 4, 2022, after allegedly causing a car crash while intoxicated. AZFamily reported that officer Michael Lanouar, a police detective, was taken into custody on suspicion that he had been driving a city-leased car while under the …

Third Circuit: Defendant Entitled to Reasonable Opportunity to File Sentencing Memo Before Resentencing Under First Step Act

Article • December 15, 2022 • from CLN January, 2023

Filed under: First Step Act, Resentencing

Third Circuit: Defendant Entitled to Reasonable Opportunity to File Sentencing Memo Before Resentencing Under First Step Act by David Reutter by David M. Reutter The U.S. Court of Appeals for the Third Circuit held that when a prisoner seeks resentencing under the First Step Act, a district court has discretion …

Pennsylvania’s Marijuana Pardon Project Had the Potential to Help Thousands but Fell Short

Article • December 8, 2022

Filed under: Resentencing, Marijuana Laws/Issues

Pennsylvania’s Marijuana Pardon Project Had the Potential to Help Thousands but Fell Short by Jo Ellen Nott by Jo Ellen Nott On December 1, 2022, the Pennsylvania Board of Pardons made decisions on the 2,600 applications it received under Democratic Governor Tom Wolf’s PA Marijuana Pardon Project available during September …

St Clair v. Lenkey, PA, Complaint, Failure to Provide Medical Treatment, 2022

Brief • December 1, 2022

Filed under: Failure to Treat

St Clair v. Lenkey, PA, Complaint, Failure to Provide Medical Treatment, 2022 Case 2:22-cv-00049-WSH-KT Document 72 Filed 12/01/22 Page 1 of 23 T\r\e. U"1\-~( S\£\.-\'e.S O\s\-ril!.\ lo_vr..\- __ _ For'i"~ _____.we..s~iLO.~.sx1 k\_o_Lee.(}_~s)f_\y~;f"--------------------- --c-------1---ek t:\C1_£...S.1-t.\.c..~---'"i'-'-t ' _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ …

Three Former Pennsylvania Cops Plead Guilty in Tragic Shooting Death of 8-Year-old Girl

Article • November 17, 2022

Filed under: Police--Excessive Force, Juveniles

Three Former Pennsylvania Cops Plead Guilty in Tragic Shooting Death of 8-Year-old Girl by Jo Ellen Nott by Jo Ellen Nott On November 11, 2022, three former Sharon Park police officers pleaded guilty to lesser charges in the death of an eight-year-old girl killed in the crossfire between them and …

Pennsylvania Supreme Court Announces Challenge to Presumptively Vindictive Sentence Constitutes ‘Legality Challenge’ and Thus Cognizable Under PCRA

Article • November 15, 2022 • from CLN December, 2022

Filed under: U.S. Sentencing Guidelines, Excessive Charges

Pennsylvania Supreme Court Announces Challenge to Presumptively Vindictive Sentence Constitutes ‘Legality Challenge’ and Thus Cognizable Under PCRA by Harold Hempstead by Harold Hempstead The Supreme Court of Pennsylvania held that a vindictive sentencing claim pursuant to North Carolina v. Pearce, 395 U.S. 711 (1969), meets the definition of a legality …

News in Brief

Article • November 15, 2022 • from CLN December, 2022

Filed under: News in Brief

News in Brief by Alabama: Court documents revealed the week of Oct. 3, 2022, show that a former Brookside police chief, Mike Jones, was indicted by a grand jury for speeding and impersonating an officer. AL.com reported that Jones had resigned from his post as the town’s Chief of Police …

Pennsylvania Supreme Court Announces Challenge to SORNA-Based Illegality of Sentence Claim Cannot Be Waived, Allowing for Challenge at Any Time — Even if First Raised on Appeal

Article • November 15, 2022 • from CLN December, 2022

Filed under: U.S. Sentencing Guidelines, Waiver of Appeal Rights, Sex Offense Registration Act (SORNA)

Pennsylvania Supreme Court Announces Challenge to SORNA-Based Illegality of Sentence Claim Cannot Be Waived, Allowing for Challenge at Any Time — Even if First Raised on Appeal by Anthony Accurso by Anthony W. Accurso The Supreme Court of Pennsylvania held that challenges to the legality of an imposed sentence — …