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Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release Held Unconstitutional, Then Constitutional
Loaded on July 15, 2009
by Mark Wilson
published in Prison Legal News
July, 2009, page 10
Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release
Filed under:
Sex Offenders (Discrimination),
Liberty Interests,
Judiciary,
Good Time,
Parole,
Immunity/Liability,
Qualified Immunity,
Civil Commitment.
Location:
Washington.
Held Unconstitutional, Then Constitutional
by Mark Wilson
Illustrating the axiom that the law means whatever a judge decides it means, in a 2-to-1 decision, a panel of the Ninth Circuit Court of Appeals held that Washington state law creates ...
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More from this issue:
- Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act, by Margo Schlanger
- From the Editor, by Paul Wright
- Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release Held Unconstitutional, Then Constitutional, by Mark Wilson
- Texas Posthumously Exonerates Man Who Died in Prison, by Matthew Clarke
- $226,000 Workers’ Comp Settlement for Pennsylvania Guard Scarred by MRSA
- ADA Routinely Violated by Prisons in the case of Deaf Prisoners, by McCay Vernon, Ph.D.
- The Illusion of Immigrant Criminality: Getting the Numbers Wrong, by David L. Wilson
- Florida Guard Convicted of Assaulting Prisoner
- Supreme Court Holds Supervisory Officials Not Liable for Abuse of 9-11 Detainees, by Matthew Clarke
- $30,000 Settlement in Milwaukee Jail Death
- Former Oregon DOC Food Manager Abandons Wife to Federal Prosecution; Herding Sheep in Iran While on the Lam, by Mark Wilson
- UNICOR Robs Jobs from Private Sector; Prisoners Sue Over Working Conditions, by Brandon Sample
- Prisoner’s Right to Mail Announcement of Peaceful Demon-stration Trumps Purported Prison Security Claims, by Marvin Mentor
- University of Arizona Releases Report on Women Immigration Prisoners, by Matthew Clarke
- $500,000 Awarded to New York Prisoner Raped by Jail Guard; Vacated on Post-Trial Motion
- Habeas Hints: Traverse Motion Responses, by Kent A. Russell
- Sentencing Project Releases Report on Sentencing Policy and Practice, by Matthew Clarke
- Oregon Jail Guards Lose Access to Porn Sites, by Mark Wilson
- New Mexico Abolishes Death Penalty; Similar Efforts Fail in Other States, by David Reutter
- Arkansas Sends Toxic Tech Trash to UNICOR Recycling Program, by Matthew Clarke
- FBI Arrests Former Prisoner Indicted for Hacking Massachusetts Jail Computer
- $4.6 Million Settlements in Death of Quadriplegic D.C. Prisoner, by David Reutter
- Strip-Searched Iowa Bush Protesters Awarded Damages at Trial, Re-Trial, by Matthew Clarke
- Positive Correlation between Mental Illness and Prison Victimization, by Jimmy Franks
- Santa Cruz County, Arizona Pays $3 Million in Strip Search Suit, by Jimmy Franks
- $10,000 Verdict in Sexual Assault by Virginia Guard
- Report Says Unfinished Prison Project Is Single Greatest Iraq Reconstruction Failure, by Matthew Clarke
- Bureau of Justice Publishes Report on Sexual Misconduct at Juvenile Facilities
- Ohio Limits Electronic Monitoring to Only Those Who Can Pay
- Miami’s Sex Offender Bridge Encampment Continues to Grow, by David Reutter
- BOP Failed to Protect Female Prisoner Informant from Rape, Sexual Abuse by Guards, by Brandon Sample
- $3,200 Awarded to Indiana Jail Prisoner for Negligent Medical Care
- New York Prisoner Awarded $5,000 for Assault by Cellmate
- Postal Service Panics Over Sex Offender Participant in Christmas Program, by Matthew Clarke
- PLN Files Suit Against Los Angeles County for Failure to Comply with Public Records Act
- Survivor Manual, compiled and edited by Bonnie Kerness, illustrated by Todd Tarselli and other talented artists, 90 pgs., by Sundiata Acoli
- Causal Link Established by Prison Officials’ Failure to Protect Prisoner from Specific Threats
- $3.3 Million Settlement Fund Established in New Mexico Jail Strip Search Settlement
- California Jury Awards Deaf Prisoner $5,000 for Failure to Provide Interpreter; $193,582 in Fees Awarded by Court
- Former California DOC Worker Kept Confidential Prison Gang Files at Home
- Louisiana Private Prison Warden Arrested for Malfeasance
- Massachusetts Prisoner Awarded $550,307 in Attorney Fees and Costs in Unsanitary Conditions Case
- California: Waiver of Private Psychotherapist-Patient Privilege an Unreasonable Condition of Parole
- Oregon Teenage Girls Stage Brazen Escape Attempt
- $75,000 Settlement for Shutting Off Water in Seattle Jail Prisoner’s Cell
- $445,000 Settlement in Ohio Jail Prisoner’s Medical Death
- Pennsylvania County Sex Offender Residency Ordinance Voided
- State, Not County, Required to Pay Attorney Fees in Georgia Death Penalty Cases
- $9,000 Award for Hawaiian Prisoners Bitten By Dogs at Oklahoma CCA Prison
- Florida and Oregon Prison Employees Face Sex Charges
- Fifth Circuit Rules Texas Parole Law Not Ex Post Facto
- No Qualified Immunity for Pepper Spraying Alabama Prisoner; Case Settles After Remand, by David Reutter
- News in Brief:
- $1,800,000 Settlement in Michigan Jail Prisoner Suicide Case
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Virginia Legislature Tables “Second-Look” Bills, July 1, 2024. Criminal justice system reform, Good Time.
- Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death, July 1, 2024. Primecare Medical, Drug Overdose, Qualified Immunity, Medical Neglect/Malpractice.
- Eighth Circuit Largely Restores Qualified Immunity to Minnesota Jail Guards in Use of Force on Bipolar Prisoner, July 1, 2024. Guard Brutality/Beatings, Qualified Immunity, Immunity - Absolute and Qualified.
- Idaho Continues To Cell “Dangerously Mentally Ill” Without Charges, June 1, 2024. Conditions of Confinement, Totality of Conditions, Lockdowns, Control Units/SHU/Solitary Confinement, Civil Commitment.
- Seventh Circuit: Heck Bars Civil Rights Challenges to Civil Commitment, June 1, 2024. Civil Commitment, Civil Commitment - Relief from, Heck Rule.
- Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months, May 15, 2024. Parole, Probation, Parole & Supervised Release, Concurrent and Consecutive Sentences, Multiple Sentences, Aggregate Sentence.
- Virginia Supreme Court Denies New Sentence Credits to State Prisoner Serving “Mixed” Sentence, May 1, 2024. Ex Post Facto, Good Time, Credits, Multiple Sentences.
- West Virginia Supreme Court Orders Prison Officials to Develop Good-Time Credit Policy, May 1, 2024. Prison Labor, State Law Claims, Good Time.
- Eighth Circuit Says Lower Court “Tilted the Scales Too Far” for Jailers in Missouri Detainee’s Fatal Overdose, May 1, 2024. Drug Overdose, Qualified Immunity.
- Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim, May 1, 2024. Staff-Prisoner Assault, Discovery, Qualified Immunity, Supervisory Liability, Immunity - Absolute and Qualified.