The Second Circuit Court of Appeals held that Connecticut’s “Erasure Statute” does not render factually-true statements about a person’s arrest false.
Connecticut law allows for the destruction of arrest records if an individual is found not guilty, pardoned or the charges are nullified or dismissed. “Any person who shall have ...
The Supreme Court of New York, Appellate Division has upheld a $35,000 damage award in favor of a former prisoner illegally confined for three weeks.
In October 2007, Robert Miller was charged with second- and third-degree drug offenses. He pleaded guilty to a single third-degree offense in March 2009 and ...
Prison officials must provide a pre-deprivation hearing before freezing substantial prisoner assets, the Ninth Circuit Court of Appeals held on April 6, 2015.
Under Oregon’s “pay-to-stay” law, prisoners are fully liable for their incarceration costs. The Oregon Department of Corrections (ODOC) calculates the incarceration cost by multiplying the daily cost ...
“The state has consistently and over a long period of time violated the constitutional rights of the mentally ill – this must stop,” declared a Washington federal district court. “The in-jail wait time” before transferring incompetent criminal defendants to state hospitals “is far beyond any constitutional boundary.”
Washington law requires ...
The Ninth Circuit Court of Appeals reversed a district court’s dismissal of a false imprisonment suit based upon an improper immigration detainer, as the district court incorrectly held that it lacked Article III standing.
In June 2007, Bernardo Mendia was arrested on several California state charges. The court granted bail ...
The New Jersey Supreme Court held that the retroactive application of the 2007 Sex Offender Monitoring Act (SOMA) violates state and federal ex post facto prohibitions.
In 1986, George Riley was convicted of sex offenses against a child and sentenced to 20 years in prison. New Jersey law did not ...
The Oregon Court of Appeals rejected a prisoner’s constitutional and statutory challenge of administrative rules authorizing the imposition of restitution as a prison disciplinary sanction and the withdrawal of money from his prison trust account to pay such restitution.
OAR 291-105-0069 authorizes ODOC disciplinary hearings officers to impose restitution as ...
The California Court of Appeals held that a lower court improperly determined that a prisoner was a vexatious litigant, under California law. When an In Forma Pauperis (IFP) application is denied, the action is never commenced and does not count under California’s vexatious litigant law.
On October 31, 2011, California ...
The California Court of Appeals held that a state law prohibiting ex-convicts from entering prison grounds without consent requires informed consent.
Under California Penal Code section 4571, it is a felony for anyone who has been previously sentenced to prison for a felony conviction to enter the grounds of a ...
New Mexico prison officials are enforcing a rule that prohibits prisoners from maintaining online profiles, such as social media pages or web-based pen pal ads, including through third parties. Prisoners who violate the rule are subject to discipline.
“Inmates can correspond legally through mail and phone calls,” said Joe Booker, ...
