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Articles by Mark Wilson

Eighth Circuit Reverses Excessive Force Summary Judgment

The Eighth Circuit Court of Appeals held that factual disputes about what happened outside a camera's view during an arrest precluded summary judgment for police on an excessive force claim.

At 2:30 a.m., on February 12, 2009, Arkansas State Police (ASP) Trooper Brad Cartwright witnessed a man he later identified ...

California "Reason to Know" Probation Condition Not Unconstitutionally Vague

The California Court of Appeals held that a probation condition prohibiting association with persons “you know, or reasonably should know” are drug users is not unconstitutionally vague.

In 2012, Jaime Mata Mendez was convicted of California drug charges and placed on probation. His conditions prohibited him from associating with individuals ...

Rikers Island Excessive Force Monell Claims Survive Dismissal

A New York federal court refused to dismiss Monell Claims in a Rikers Island excessive force case.

On September 28, 2013, Bobby White was incarcerated at Rikers Island, when guard Marlene Ocasio sprayed him with a chemical agent and slammed his hand in a metal cell door. The incident was ...

PV Arrest Qualifies for Oregon Resisting Arrest Conviction

The Oregon Supreme Court held that arrest for a probation or parole violation qualifies as an arrest for Oregon's resisting arrest statute.

In 2009, police stopped Curtis McClure and asked his name. McClure told them and asked if he was free to leave. Police said he was and allowed him ...

Pennsylvania Supreme Court Finds Miller v. Alabama Not Retroactive

The Pennsylvania Supreme Court held that the United States Supreme Court's ban on mandatory juvenile life without parole (LWOP) sentences does not apply retroactively.

In 1999, seventeen year old Ian Cunningham shot and killed Daniel Delarge Jr., during a robbery he committed with two accomplices. Cunningham was convicted of second ...

Pennsylvania Arrest for Videotaping Cops Denied Qualified Immunity

A Pennsylvania federal court held that police were not entitled to qualified immunity for "entering a family's home and arresting its owner for doing nothing more than attempting to videotape the officers' overreaction on her own property."

Kia Gaymon, 38, and her husband Michael Gaymon, 35, own a home in ...

Oregon Parole Board Requires Mental State Evidence Without Psychological Evaluation; No Due Process Right to State-Paid Evaluation

The Oregon Court of Appeals held that prisoners do not have a due process right to a psychological evaluation at state expense for "rehabilitation hearings."

Oregon prisoners convicted of Aggravated Murder are sentenced to life imprisonment with a 30 year minimum sentence. That is effectively a life without parole sentence, ...

No Oregon DNA Appeal Unless Testing is Denied or Limited

The Oregon Court of Appeals held that prisoners do not have a due process right to a psychological evaluation at state expense for "rehabilitation hearings."

Oregon prisoners convicted of Aggravated Murder are sentenced to life imprisonment with a 30 year minimum sentence. That is effectively a life without parole sentence, ...

No Due Process Right to Oregon Parole Witnesses or Cross-Examination

The Oregon Court of Appeals rejected a facial challenge to a rule denying prisoners the right to call or cross-examine witnesses at parole hearings.

When the Oregon Board of Parole and Post-Prison Supervision (Board) has established a prisoner's parole release date, he must be released on that date, unless the ...

Ninth Circuit Upholds $697,971.80 in Fees on $27,280 Damage Award

The Ninth Circuit Court of Appeals held that a lower court did not abuse its discretion in awarding $697,971.80 in attorneys' fees to a Plaintiff who was awarded only $27,280 in damages.

Kim Muniz sued her employer, United Parcel Service (UPS), in state court for employment discrimination. She did not ...