The Kansas Supreme Court reversed a prisoner’s sentence for possession of contraband – a small amount of marijuana – after it held the sentencing court misinterpreted its statutory authority by concluding it could not consider a downward departure to the presumptive criminal sentence. Prisoner Waddell Warren was convicted of introducing a controlled substance into a
By David Reutter The Third Circuit Court of Appeals held on August 26, 2013, that a judge may resolve factual disputes relevant to the exhaustion of administrative remedies without the participation of a jury. It also held the district court had erred in finding a failure to exhaust where a prisoner did not receive a
On July 19, 2013, the Seventh Circuit Court of Appeals reversed a grant of summary judgment to three defendants, holding there was sufficient evidence for a jury to find they acted with deliberate indifference to a prisoner’s serious dental needs. Richard M. Smego, a civil detainee at Illinois’ Rushville Treatment and Detention Center, filed suit
By Mark Wilson
The Ninth Circuit Court of Appeals has held that damages are required, as a matter of law, when a parolee is incarcerated for objecting to compelled participation in a religious-based drug treatment program.
Citing “uncommonly well-settled case law,” the Court of Appeals found in 2007 that the First Amendment is violated when the state coerces an individual to attend a religious-based substance abuse program. See: Inouyev.Kemna, 504 F.3d 705 (9th Cir. 2007).
The California Department of Corrections and Rehabilitation (CDCR) contracts with Westcare, a private entity, to provide drug and alcohol treatment for parolees in Northern California. Westcare, in turn, contracts with Empire Recovery Center, a non-profit facility. “Empire uses a 12-step recovery program, developed by Alcoholics Anonymous and Narcotics Anonymous, that includes references to ‘God’ and to ‘higher power.’”
Barry A. Hazle, Jr., an atheist, was incarcerated due to California drug convictions. His parole conditions required him to complete a 90-day residential drug treatment program.
Prior to his February 26, 2007 release from prison, Hazle had asked prison and Westcare officials to place him in a non-religious treatment program. Westcare officials directed Hazle to Empire.
When Hazle realized Empire was a religious-based program, he repeatedly objected to Westcare officials. They responded “that the only alternative to Empire was a treatment facility whose program had an even greater focus on religion.”
In March 2013, the Ninth Circuit Court of Appeals reversed a district court’s dismissal of a pro se habeas petitioner’s claim that his 9-year detention while waiting for the State of California to initiate civil commitment proceedings was unconstitutional.
Just before convicted rapist Bobby Joe Knight’s scheduled release from prison in 2004 after serving a 20-year sentence, the state filed a civil petition against him under California’s Sexually Violent Predator Act (SVPA), Cal. Welf. & Inst. Code §§ 6600, et seq. The Los Angeles County Superior Court ordered that Knight be held in a secure facility pending trial.
Knight remained in custody, as no effort was made to bring the state’s petition against him to trial. Incredibly, between 2004 and 2009, Knight’s counsel requested (or stipulated to) continuances of the case. Not content with the quality of his representation – being deprived of one’s liberty indefinitely, without due process of law, can be frustrating – Knight repeatedly requested that he be appointed new counsel.
Exasperated, he filed a habeas corpus petition in state court in April 2009, claiming that his lengthy detention was unconstitutional. The petition was denied, and Knight’s counsel and the government agreed to still more continuances.
Aaron Taylor, incarcerated at the Federal Detention Center (FDC) in Philadelphia, was charged with assault with a dangerous weapon under 18 U.S.C. § 113(a)(3) and assault resulting in serious bodily injury under § 113(a)(6), stemming from an attack on another prisoner. He attempted to assert the affirmative defense of “just cause or excuse,” but the
In April 2008, James Washington, Jr. was a pretrial detainee at a Wisconsin jail when a guard, John P. Hively, allegedly fondled his “testicles and penis through [his] clothing” during a pat-down, “then while strip-searching him fondled his nude testicles for two or three seconds.” Washington filed a federal lawsuit against Hively, who denied the
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Elizabeth Franklin-Best P.C.
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