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Article • November 16, 2017
Filed under: False Arrest
$1.1 Million False Arrest Award Affirmed by David Reutter by David Reutter A federal jury’s $1.1 million awardin a false arrest claim was affirmed by the U.S. Sixth Circuit Court of Appeals. This case stemmed from the arrest of Richard Wesley, a counselor and intervention specialist at Sixth District Elementary …
Article • November 16, 2017 • from CLN December, 2017
Several States Bar Landlords from Automatically Denying Housing to Felons by by Lonnie Burton At least three states and the federal government are putting landlords on notice: You may not automatically deny housing to someone simply because he or she has a felony record. These rules and guidelines take different …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Attorneys, Habeas Corpus
Habeas Hints: SCOTUS Review 2016–17 by Kent Russell, Tara Hoveland by Attys. Kent Russell & Tara Hoveland This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorney (“in pro per”). The focus of the column is on “AEDPA,” the federal habeas …
Article • November 16, 2017 • from CLN December, 2017
Fourth Circuit Holds North Carolina Sex Offender Restrictions Unconstitutional by Matthew Clarke by Matt Clarke On November 30, 2016, the U.S. Court of Appeals for the Fourth Circuit affirmed a federal district court’s judgment that portions of the North Carolina sex offender restrictions statute were unconstitutional. John Does #1 through …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Crime
Colorado Supreme Court Rules That Criminal Trespass Is a Lesser Included Offense of Burglary by Christopher Zoukis by Christopher Zoukis The Colorado Supreme Court ruled on September 11, 2017 that the crime of unlawful sexual contact is a lesser included offense of sexual assault, meaning the two must merge. This …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Sexual Assault
Colorado Supreme Court Rules That Unlawful Sexual Contact Is a Lesser Included Offense of Sexual Assault by Christopher Zoukis by Christopher Zoukis The Colorado Supreme Court ruled on September 11, 2017 that the crime of unlawful sexual contact is a lesser included offense of sexual assault, meaning the two must …
Article • November 16, 2017 • from CLN December, 2017
Kentucky Court Rules Death Penalty Statute Applied to Defendant under 21 Years Old Unconstitutional by Mark Wilson by Mark Wilson On August 1, 2017, a Kentucky trial court judge declared the state’s death penalty statute unconstitutional when applied to defendants who were younger than 21 years of age at the …
Article • November 16, 2017
Filed under: Editorials
From the Editor by Paul Wright by Paul Wright Welcome to the first issue of Criminal Legal News. You are receiving our complimentary first issue because you are a subscriber to Prison Legal News. This is the second magazine I have started since 1990 when I started PLN, and what …
Brief • November 16, 2017
Cornell v. City and Cty San Francisco, CA, Complaint, Trainee Arrested, 2017 Filed 11/16/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR BRET CORNELL, Plaintiff and Respondent, A141016 & A142147 v. (City & County of San Francisco Super. Ct. No. …
Jones Jr. V. Ryan, AZ, Settlement, Right to Religious Worship, 2017 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Settlement Agreement") is entered into, by and #- among EDWARD LEE JONES, JR., Arizona Department of Corrections ("ADC") inmate individually (the "Plaintiff'), and the following persons or entities: CHARLES RYAN, …
Brief • November 10, 2017
Filed under: Centurion, Malpractice
Thomason v. Centurion Correctional Healthcare of New Mexico, LLC, et al., NM, Settlement Agreement, Medical Malpractice, 2017 Centurion 003220 RELEASE IN FULL AND SETTLEMENT AGREEMENT THIS RELEASE IN FULL AND SETTLEMENT AGREEMENT is executed this day of /,I -,Lt.? --/2 2017, by Denton Thomason. RECITALS A. Denton Thomason filed a …
Article • November 9, 2017
Filed under: Police Misconduct, Police, FBI
The FBI's Forgotten Criminal Record by James Bovard by James Bovard President Trump’s firing of FBI chief James Comey on May 9 spurred much of the media and many Democrats to rally around America’s most powerful domestic federal agency. But the FBI has a long record of both deceit and …
What Happens When A Troubled Police Department Refuses To Reform? by by Nick Wing and Dennis Domrzalski ALBUQUERQUE ― Early on the morning of Aug. 24, 2016, two Albuquerque police officers responded to a 911 call at an apartment complex on the city’s west side. Inside, they found the remains of …
Brief • November 6, 2017
Filed under: Wrongful Conviction
Cooper v. City of Elkhart, IN, Complaint, Wrongfully Convicted, 2017 USDC IN/ND case 3:17-cv-00834-PPS-MGG document 1 filed 11/06/17 page 1 of 42 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA, SOUTH BEND DIVISION KEITH COOPER, ) ) Plaintiff, ) ) v. ) ) CITY OF ELKHART, …
Article • November 3, 2017
It’s a Fact: Supreme Court Errors Aren’t Hard to Find by A ProPublica review adds fuel to a longstanding worry about the nation’s highest court: The justices can botch the truth, sometimes in cases of great import. by Ryan Gabrielson, originally published on ProPublica, Oct. 17, 2017; reprinted with permission. In 2007, a …
Publication • November 2, 2017
Filed under: Water, Clean Water Act
SGWASA Notice of Water Standards, Sept. 2017 'IMPORTANT INFORMATION A,BOUTYOUR DRINKING WATER SGWASA HAS LEVELS OF TOTAL TRIHALOMETHANES ( TTHMs ) ABOVE DRINKING )IVArER STANDARDS Our water system-recently violated a drinking water stand~rd •. Although this is not an emergency, i:!S our customers, yo1,.1 have a right to know what …
Publication • November 1, 2017
Profiting Off Lifelines, ACLU Nebraska, 2017 Profiting Off Lifelines Nebraska County Jail Phone Systems Lead to High Costs and Unfair Trials THE HIGH COST OF COUNTY JAIL PHONE SYSTEMS 1 INTRODUCTION The ACLU of Nebraska is a non-profit, nonpartisan organization that works to defend and strengthen the individual freedoms and …
Brief • October 31, 2017
Filed under: Staff-Prisoner Assault
Matthews v. County of Los Angeles, CA, Complaint, Sexual Assault by Guard, 2017 Case :17-cv-07908-DMG-PLA Document 9 Filed 10/31/17 Page 1 of 28 Page ID #:49 1 Tustin E. Sterling, State Bar No. 249491 LAW OFFICES OF JUSTIN STERLING Justin@,Sterlingpefense.com 2 15760Ventura~Blvd. Suite 700 Encino, CA 91436 3 Tel. (818) …
Filing • October 30, 2017
Filed under: PLN Litigation, Censorship
HRDC v. Union County, AR, censorship, Complaint, 2017 Case 1:17-cv-01064-SOH Document 1 Filed 10/30/17 Page 1 of 12 PageID #: 2 FILED US DISTRICT COURT WESTERN DISTRICT OF ARKANSAS Oct 30, 2017 OFFICE OF THE CLERK Case 1:17-cv-01064-SOH Document 1 II. 3. Filed 10/30/17 Page 2 of 12 PageID #: …
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