Overlawyered » prisoners http://overlawyered.com Chronicling the high cost of our legal system Fri, 29 Aug 2014 17:21:40 +0000 en-US hourly 1 http://wordpress.org/?v=3.9.2 March 13 roundup http://overlawyered.com/2014/03/march-13-roundup-4/?utm_source=rss&utm_medium=rss&utm_campaign=march-13-roundup-4 http://overlawyered.com/2014/03/march-13-roundup-4/#comments Thu, 13 Mar 2014 04:05:40 +0000 http://overlawyered.com/?p=44518 Claimed prison guard punched him in face: “Man convicted in Chicago-area mass murder awarded $500,000″ [WHAS, ABA Journal] Ken White “immediately repulsed and enraged” by Mayer-Brown-repped suit seeking removal of Glendale, Calif. “comfort women” memorial [Popehat] “Las Vegas: Man Sues Casino After $500k Loss ‘While Drunk’” [Sky News] Regulators blame everyone but selves: “Drug Shortages […]

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  • Claimed prison guard punched him in face: “Man convicted in Chicago-area mass murder awarded $500,000″ [WHAS, ABA Journal]
  • Ken White “immediately repulsed and enraged” by Mayer-Brown-repped suit seeking removal of Glendale, Calif. “comfort women” memorial [Popehat]
  • “Las Vegas: Man Sues Casino After $500k Loss ‘While Drunk’” [Sky News]
  • Regulators blame everyone but selves: “Drug Shortages Continue to Vex Doctors” [Sabrina Tavernese, NYT on GAO report, earlier here, here, etc., etc.]
  • Former Virginia attorney general Ken Cuccinelli to speak tomorrow on “dereliction of duty” of AGs who decline to defend laws deemed unconstitutional, hope someone brings up this and this [more background; and his successor Mark Herring's view]
  • Oregon: “Portland State University will pay $161,500 to settle a lawsuit claiming it discriminated against disabled students who have service animals.” [AP/KOIN] Laws make it dangerous for business owners to draw line between legitimate, fake service dogs [L.A. Times]
  • Not The Onion: Canada telecoms regulator pushes XX cable channels to run more Canadian content [CBC, National Post]
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    Police and prosecution roundup http://overlawyered.com/2014/03/roundup-2/?utm_source=rss&utm_medium=rss&utm_campaign=roundup-2 http://overlawyered.com/2014/03/roundup-2/#comments Thu, 06 Mar 2014 04:05:36 +0000 http://overlawyered.com/?p=44128 New insight into Shaken Baby Syndrome (SBS) casts doubt on criminal convictions [Radley Balko, earlier here, etc.] “The Shadow Lengthens: The Continuing Threat of Regulation by Prosecution” [James Copland and Isaac Gorodetski, Manhattan Institute] Police busts of “johns” thrill NYT’s Kristof [Jacob Sullum, earlier on the columnist] Sasha Volokh series on private vs. public prisons […]

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  • New insight into Shaken Baby Syndrome (SBS) casts doubt on criminal convictions [Radley Balko, earlier here, etc.]
  • “The Shadow Lengthens: The Continuing Threat of Regulation by Prosecution” [James Copland and Isaac Gorodetski, Manhattan Institute]
  • Police busts of “johns” thrill NYT’s Kristof [Jacob Sullum, earlier on the columnist]
  • Sasha Volokh series on private vs. public prisons [Volokh]
  • “Police agencies have a strong financial incentive to keep the drug war churning.” [Balko on Minnesota reporting]
  • Forfeiture: NYPD seizes innocent man’s cash, uses it to pad their pensions [Institute for Justice, Gothamist] “Utah lawmakers quietly roll back asset forfeiture reforms” [Balko] “The Top 6 Craziest Things Cops Spent Forfeiture Money On” [IJ video, YouTube]
  • After Florida trooper nabbed Miami cop for driving 120 mph+, 80 officers accessed her private info [AP]
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    New frontiers in chutzpah http://overlawyered.com/2014/02/new-frontiers-chutzpah/?utm_source=rss&utm_medium=rss&utm_campaign=new-frontiers-chutzpah http://overlawyered.com/2014/02/new-frontiers-chutzpah/#comments Mon, 17 Feb 2014 11:21:59 +0000 http://overlawyered.com/?p=44055 In prison, Norway’s worst modern mass murderer complains of having to play outdated video games [EuroNews, Lowering the Bar, earlier on his 2012 complaint about not being allowed moisturizer] Tweet Tags: Norway, prisoners

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    In prison, Norway’s worst modern mass murderer complains of having to play outdated video games [EuroNews, Lowering the Bar, earlier on his 2012 complaint about not being allowed moisturizer]

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    Pennsylvania moves to adopt a “Correctional Officers’ Bill of Rights” http://overlawyered.com/2014/02/pennsylvania-moves-adopt-correctional-officers-bill-rights/?utm_source=rss&utm_medium=rss&utm_campaign=pennsylvania-moves-adopt-correctional-officers-bill-rights http://overlawyered.com/2014/02/pennsylvania-moves-adopt-correctional-officers-bill-rights/#comments Thu, 06 Feb 2014 13:34:51 +0000 http://overlawyered.com/?p=43854 One would think the whole concept of the union-backed “correctional officers’ bill of rights” might have been thrown into disrepute by last year’s Maryland scandal, in which the statute was found to have entrenched problem guards even as the Baltimore jail descended into a scandalous state of gang-run corruption. But apparently not: the Pennsylvania House […]

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    One would think the whole concept of the union-backed “correctional officers’ bill of rights” might have been thrown into disrepute by last year’s Maryland scandal, in which the statute was found to have entrenched problem guards even as the Baltimore jail descended into a scandalous state of gang-run corruption. But apparently not: the Pennsylvania House has unanimously (!) voted in favor of having that state adopt its own such “bill of rights,” weakening administrators’ power to investigate possible officer misconduct. Details of H.B. 976 here.

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    Police and prosecution roundup http://overlawyered.com/2013/11/police-prosecution-roundup-11/?utm_source=rss&utm_medium=rss&utm_campaign=police-prosecution-roundup-11 http://overlawyered.com/2013/11/police-prosecution-roundup-11/#comments Fri, 22 Nov 2013 04:21:26 +0000 http://overlawyered.com/?p=42436 Why license plate scanning is an up-and-coming front in the surveillance wars [Radley Balko] Prosecutor whose lapse sent innocent man to prison for 25 years will go to jail — for ten days [Adler, Shackford] “Nurse fights charges she helped father commit suicide” [Phil. Inq., Barbara Mancini case, via @maxkennerly] California inmates released, crime rates […]

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  • Why license plate scanning is an up-and-coming front in the surveillance wars [Radley Balko]
  • Prosecutor whose lapse sent innocent man to prison for 25 years will go to jail — for ten days [Adler, Shackford]
  • “Nurse fights charges she helped father commit suicide” [Phil. Inq., Barbara Mancini case, via @maxkennerly]
  • California inmates released, crime rates jump: a Brown v. Plata trainwreck? [Tamara Tabo, Heather Mac Donald/City Journal]
  • Driver arrested under Ohio’s new law banning hidden compartments in cars even though he had nothing illicit in the compartment [Shackford] Tenaha, Tex. traffic stops, cont’d: “Give Us Cash or Lose Your Kids and Face Felony Charges: Don’t Cops Have Better Things to Do?” [Ted Balaker/Reason, earlier]
  • Arizona Republic series on prosecutorial misconduct [4-parter]
  • Few act as if they care about Mr. Martin-Oguike’s fate at hands of a false accuser [Scott Greenfield]
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    California inmates sue outside businesses http://overlawyered.com/2013/08/california-inmates-sue-outside-businesses/?utm_source=rss&utm_medium=rss&utm_campaign=california-inmates-sue-outside-businesses http://overlawyered.com/2013/08/california-inmates-sue-outside-businesses/#comments Thu, 01 Aug 2013 10:32:49 +0000 http://overlawyered.com/?p=40346 An inmate serving a long term at Solano state prison in California “has filed a lawsuit against a Sacramento-area car-repair-shop owner asking for $15,000 in damages for the lost use of his transmission.” While a 1996 federal law places limits on suits by federal prisoners, inmates in state prison systems like California’s, what with indulgent […]

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    An inmate serving a long term at Solano state prison in California “has filed a lawsuit against a Sacramento-area car-repair-shop owner asking for $15,000 in damages for the lost use of his transmission.” While a 1996 federal law places limits on suits by federal prisoners, inmates in state prison systems like California’s, what with indulgent filing rules and plenty of time on their hands, “can tie up the court system with cases that would strike most anyone as frivolous. Their court fees are typically paid for by California taxpayers.” [Steven Greenhut, San Diego Union-Tribune]

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    Is force-feeding an international human rights violation? http://overlawyered.com/2013/07/is-force-feeding-international-human-rights-violation/?utm_source=rss&utm_medium=rss&utm_campaign=is-force-feeding-international-human-rights-violation http://overlawyered.com/2013/07/is-force-feeding-international-human-rights-violation/#comments Thu, 18 Jul 2013 04:17:56 +0000 http://overlawyered.com/?p=40006 Or would it instead be a human rights violation to let hunger-striking inmates starve? Or maybe both? Debra Saunders quotes my puzzlement at “the emotional atmospherics of hunger strikes, in which people are using other people’s morality as a weapon against them.” [San Francisco Chronicle/ syndicated] Tweet Tags: international human rights, prisoners

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    Or would it instead be a human rights violation to let hunger-striking inmates starve? Or maybe both? Debra Saunders quotes my puzzlement at “the emotional atmospherics of hunger strikes, in which people are using other people’s morality as a weapon against them.” [San Francisco Chronicle/ syndicated]

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    “Exoneree Faces Ex-Wife in Compensation Lawsuit” http://overlawyered.com/2013/06/exoneree-faces-ex-wife-compensation-lawsuit/?utm_source=rss&utm_medium=rss&utm_campaign=exoneree-faces-ex-wife-compensation-lawsuit http://overlawyered.com/2013/06/exoneree-faces-ex-wife-compensation-lawsuit/#comments Fri, 21 Jun 2013 13:01:32 +0000 http://overlawyered.com/?p=39430 And more litigation besides: “[Steven] Phillips sued a lawyer who billed him more than $1 million for lobbying lawmakers to increase the compensation for exonerees. And another ex-wife is seeking to recover child support that went unpaid during his years in prison. He said that he has spent at least $300,000 on lawyers since he […]

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    And more litigation besides: “[Steven] Phillips sued a lawyer who billed him more than $1 million for lobbying lawmakers to increase the compensation for exonerees. And another ex-wife is seeking to recover child support that went unpaid during his years in prison. He said that he has spent at least $300,000 on lawyers since he was freed and that despite the compensation [package valued at $6 million], he has struggled to keep his business afloat.” [Texas Tribune] The “last thing a guy freed from 24 years of wrongful imprisonment needs is more time in court.” [Scott Greenfield]

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    Canada: man who killed cellmate sues jail staff http://overlawyered.com/2013/05/canada-man-killed-cellmate-sues-jail-staff/?utm_source=rss&utm_medium=rss&utm_campaign=canada-man-killed-cellmate-sues-jail-staff http://overlawyered.com/2013/05/canada-man-killed-cellmate-sues-jail-staff/#comments Tue, 21 May 2013 04:19:46 +0000 http://overlawyered.com/?p=38559 Justin Caldwell Somers, in jail for not paying a jaywalking fine, brutally murdered his sleeping cellmate by stomping him to death on the cement floor, but was found not criminally responsible because he had been acting under the influence of delusions and hallucinations. Now he is suing various personnel of the remand center for not […]

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    Justin Caldwell Somers, in jail for not paying a jaywalking fine, brutally murdered his sleeping cellmate by stomping him to death on the cement floor, but was found not criminally responsible because he had been acting under the influence of delusions and hallucinations. Now he is suing various personnel of the remand center for not preventing the incident, in part by not heeding the recommendation of a nurse and psychiatrist that he be housed alone: since the murder Somers “has experienced severe mental anguish and mental distress as a result of his role in causing the death of Mr. Stewart, as well as a result of the conditions of his incarceration.” [Edmonton Journal]

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    Correctional officers’ “bill of rights” and the Baltimore jail scandal http://overlawyered.com/2013/05/guards-bill-rights-baltimore-jail-scandal/?utm_source=rss&utm_medium=rss&utm_campaign=guards-bill-rights-baltimore-jail-scandal http://overlawyered.com/2013/05/guards-bill-rights-baltimore-jail-scandal/#comments Mon, 06 May 2013 14:44:35 +0000 http://overlawyered.com/?p=38118 Last month 13 guards and 12 others were indicted on charges of letting a gang effectively take over management of the Baltimore City Detention Center; according to the indictment, corrupt guards allegedly smuggled in drugs, cellphones and other contraband and had sex with the gang leader, several becoming pregnant by him. Since then the public […]

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    Last month 13 guards and 12 others were indicted on charges of letting a gang effectively take over management of the Baltimore City Detention Center; according to the indictment, corrupt guards allegedly smuggled in drugs, cellphones and other contraband and had sex with the gang leader, several becoming pregnant by him. Since then the public and press has been asking what went wrong. A Washington Post editorial suggests one place they might look:

    The absurd situation described in the indictment took root at least partly because of a “bill of rights” for corrections officers, backed by Gov. Martin O’Malley (D) and enacted by the Maryland legislature in 2010 at the behest of the guards union, the American Federation of State, County and Municipal Employees. This bill of rights grants extraordinary protections to guards, including shielding them from threats of prosecution, transfer, dismissal or even disciplinary action during questioning for suspected wrongdoing.

    While Gov. O’Malley has sought to minimize the relevance of the 2010 law, the Post notes that FBI recordings suggest that a guard who was deemed “dirty” was transferred to another facility, rather than fired — transfers-instead-of-firing being a less than optimal way of dealing with public employee corruption, but one typical of systems with strong tenure entrenchment. AFSCME, which boasted at the time of its “relentless lobbying” on behalf of the law, is now doing damage control. More: “those protections left officers at the jail without fear of sanctions for allegedly smuggling contraband or having relationships with inmates, the FBI said in an affidavit.” [Baltimore Sun] Union-allied lawmakers defend the measure [AP]

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