Second Circuit: Brady Claim Not Barred by Heck
by Mark Wilson
The en banc Second Circuit Court of Appeals has held that a Brady claim is not Heck-barred when a defendant’s conviction is vacated but he subsequently pleads guilty to a lesser charge in exchange for immediate release.
During ...
Seventh Circuit: Dismissal due to Nonpayment of Filing Fee Requires Assessment
by Mark Wilson
The Seventh Circuit Court of Appeals held in March 2014 that a district court had abused its discretion when it dismissed a prisoner’s suit for failure to pay a filing fee without determining his ability to ...
California: Local Ordinances Banning Sex Offenders from Parks Invalidated
by Mark Wilson
On April 23, 2014, the California Supreme Court refused to review two lower court decisions that invalidated local ordinances barring sex offenders from parks and other public places.
In 2006, California voters passed Jessica’s Law, which, among other ...
Montana: Extradition Costs Not Recoverable as Restitution
by Mark Wilson
The Montana Supreme Court has unanimously held that a restitution order for extradition costs is invalid.
Mark M. Macy, Jr. was convicted of various felony offenses in Montana. He was transferred to a pre-release center in October 2010, but absconded ...
Eighth Circuit: Deliberate Indifference Standard GovernsMedical Care for Civilly Committed Detainees
by Mark Wilson
On February 4, 2014, the Eighth Circuit reversed a district court’s denial of qualified immunity, finding that it had applied the wrong constitutional standard.
Daniel J. Scott was involuntarily committed to the Iowa Civil Commitment Unit ...
Eighth Circuit: No Qualified Immunity for Jail Prisoner Raped in Unlocked Cell; $60,000 Verdict at Trial
by Mark Wilson
On May 20, 2014, the Eighth Circuit Court of Appeals affirmed the denial of qualified immunity to a Missouri jail administrator in a case involving the rape of a pretrial detainee. ...
Washington DOSA Revocation Requires Credit for Community Custody Time
by Mark Wilson
On November 26, 2013, the Washington State Court of Appeals held that when a “drug offender sentencing alternative” (DOSA) is revoked, the court must award credit for time the offender served in community custody.
In June 2012, Gabriel ...
California Parole Term Not Shortened by Improper Parole Denial
by Mark Wilson
On February 3, 2014, the California Supreme Court held that a prisoner erroneously denied parole was not entitled to have his parole term reduced by the length of improper confinement.
Johnny Lira was sentenced to an indeterminate sentence ...
Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment
by Mark Wilson
On November 8, 2013, the Tenth Circuit Court of Appeals upheld the denial of qualified immunity in a case that involved the shackling of a juvenile detainee in a restraint chair as punishment and denial of mental ...
State Appellate Costs Improper on Washington PRP Dismissal
by Mark Wilson
On November 14, 2013, the en banc Washington Supreme Court held that the court’s clerk had erred in awarding the state a $200 statutory attorney fee against a prisoner whose personal restraint petition (PRP) was dismissed.
Washington prisoner Derek ...
