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Article • May 7, 2018 • from P&J May, 2018
U.S. v. Metcalf, No. 16-4006 (8th Cir.) (881 F.3d 641) (February 2, 2018) (Judge Roger L. Wollman) by A jury convicted Randy Joe Metcalf of committing a hate crime in violation of the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009, 18 U.S.C. § 249(a)(1) (the …
Article • June 29, 2015 • from P&J June, 2015
Kingsley v. Hendrickson, No. 14-6368 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 2466) (June 22, 2015) (Justice Breyer) by The Petitioner in this case, Michael Kingsley, was a pretrial detainee in a Wisconsin county jail, waiting trial on some drug charges. One day, he got into a dispute with …
Article • August 6, 2012 • from P&J August, 2012
McGarry v. Pallito, No. 10-669-pr (2nd Cir.) (687 F.3d 505) (August 3, 2012) (Judge Barrington D. Jr. Parker) by In a decision that is likely to send daggers of concern to prison officials and stir the imagination of pretrial detainees all across the country, the Second Circuit has reinstated a …
Article • August 8, 2011 • from P&J August, 2011
U.S. v. Mitchell, No. 09-4718 (3rd Cir.) (652 F.3d 387) (July 25, 2011) (Judge Julio M. Fuentes) by Here a sharply divided en banc court became the second Circuit Court to uphold the constitutionality of some recent revisions to the DNA Act which permits the Government to take DNA samples …
Article • December 27, 2010 • from P&J December, 2010
U.S. v. Pool, No. 09-10303 (9th Cir.) (621 F.3d 1213) (September 14, 2010) (Judge Consuelo M. Callahan) by Here, a divided panel held that a provision of the Bail Reform Act requiring pretrial detainees to give DNA samples as a condition of pretrial release does not violate the Fourth Amendment …
Article • October 11, 2010 • from P&J October, 2010
Florence v. Bd. of Chosen Freeholders of County of Burlington, No. 09-3603 (3rd Cir.) (621 F.3d 296) (September 21, 2010) (Judge Thomas Michael Hardiman) by Non-indictable arrestee brought putative class action pursuant to § 1983 against two jails, alleging strip search violated the Fourth Amendment. After granting motion for class …
Article • March 1, 2007 • from P&J March, 2007
U.S. v. McGriff, No. 04-CR-966 (E.D.N.Y.) (468 F.Supp.2d 445) (January 8, 2007) (Judge Frederic Block) by In a rare ruling, Judge Block ordered the BOP to remove a pre-trial detainee from administrative segragation, concluding its actions in placing him here were not rationally related to a claimed investigation and excessive …
Article • March 1, 2007 • from P&J March, 2007
U.S. v. Howard, No. 03-50524 (9th Cir.) (480 F.3d 1005) (March 27, 2007) (Judge Mary M. Schroeder) by For the third time in two years, the Ninth Circuit has considered whether a district-wide policy that requires all pretrial detainees making their first appearance before a magistrate judge to wear leg …
Article • May 1, 2006 • from P&J May, 2006
U.S. v. Scott, No. 04-10090 (9th Cir.) (450 F.3d 863) (June 9, 2006) (Judge Alex Kozinski) by In U.S. v. Scott, 424 F.3d 888 (9th Cir. Sept. 9, 2005), a Ninth Circuit panel faced a question that was, surprisingly, one of first impression among the federal courts of appeals: whether …
Article • December 1, 2004 • from P&J December, 2004
Jones v. Blanas, No. 02-17148 (9th Cir.) (393 F.3d 918) (December 27, 2004) (Judge Betty Binns Fletcher) by Here the Court held that the district court had erred in dismissing a § 1983 lawsuit on the grounds that it had been filed late, concluding that he should have been granted …