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Article • February 2, 2016 • from PLN February, 2016
Filed under: Environmental Law, Water, Zoning
Environmental Problems Taint Plan for New Prison in Utah by Panagioti Tsolkas   by Panagioti Tsolkas Utah is planning to open a 4,000-bed facility to replace the Utah State Prison in Draper. After several years of considering whether to relocate or rebuild the prison, the state has settled on relocation ...
Article • May 15, 2012
Filed under: State Statutes, Zoning
Prison Firing Range Noise Nuisance Does Not Amount to Regulatory “Taking” by The Washington Court of Appeals upheld a lower court's conclusion that noise from a prison firing range did not interfere with neighboring property use. In 1886, the Washington State Penitentiary opened in Walla Walla, Washington. A firing range ...
Texas Supreme Court Rules in Favor of Ex-Prisoner’s Religious Halfway House by Matthew Clarke by Matt Clarke On June 19, 2009, the Texas Supreme Court held that a city zoning ordinance which effectively banned a religious halfway house in the City of Sinton violated the Texas Religious Freedom Restoration Act ...
Michigan Sex Offender Freezes to Death on Street As Housing Crisis Continues by Jimmy Franks Michigan Sex Offender Freezes to Death on Street As Housing Crisis Continues by Jimmy Franks On January 26, 2009, Thomas Pauli, 52, was found dead on the cold streets of Grand Rapids, Michigan. Pauli, a ...
Article • August 15, 2008
Filed under: Private Prisons, Allvest, Zoning
$2.5 Million Settlement For Private Prison Construction Cancellation by The City of Delta Junction (City) and Alaska corporations Allvest, Inc., and Delta Corrections Group, LLC (DCG), settled a lawsuit after House Bill 149 threatened to halt private prison construction underway at Ft. Greely. Allvest/DCG and the City commenced the building ...
Sex Offenders Set Up Camp in Miami Florida: The Julia Tuttle Causeway Becomes a Colony. Politicians Pass the Buck. by Isaiah Thompson Another one showed up last night. Around 10 — just before curfew — a car rolled in under the bridge and the newcomer got out with his wife. ...
Georgia’s Sex Offender Residency Restriction Unconstitutional; Work Restriction Approved by The Georgia Supreme Court has declared that a state law that prohibits registered sex offenders from residing or loitering at a location that is within 1,000 feet of any childcare facility, church, school or area where minors congregate (the “residency ...
Article • May 15, 2008
Preliminary Injunctions/TROs Require Posting of Bond by The Federal Rules prohibit TROs and preliminary injunctions without security "in such sum as the court deems proper." Whether to require a bond is in the court's discretion. At 1374: . . . [C]ourts have held that security is not required in the ...
Lawsuits test crackdown on sex criminals by john gramlich Friday, April 18, 2008 Stateline Article By John Gramlich, Stateline.org Staff Writer A death-penalty case argued before the U.S. Supreme Court this week marks the latest constitutional challenge to an ongoing, nationwide crackdown on sex criminals. From California to North Carolina, ...
Article • September 15, 2007 • from PLN September, 2007
O.K. to Ban Suspicious Indiana Sex Offender from Parks by The Seventh Circuit Court of Appeals held that a registered sex offender who had been observed behaving suspiciously could be permanently banned from a city?s parks. Robert Brown, a registered sex offender who had a single conviction for child molestation, ...
Eighth Circuit Upholds Arkansas Sex Offender Registration/Residency Restrictions by Matthew Clarke by Matthew T. Clarke The Eighth Circuit Court of Appeals affirmed the dismissal of a civil rights challenge to provisions of the Arkansas Sex Offender Registration Act, Ark. Code Ann. § 12-12-901 et seq., and to a criminal statute ...
Temporary Restraining Order Suspends California’s Sex Offenders’ Housing Banishment Law by John Dannenberg Temporary Restraining Order Suspends California's Sex Offenders? Housing Banishment Law by John E. Dannenberg The U.S.D.C. (N.D. Cal.) issued a Temporary Restraining Order (TRO) on November 8, 2006, the same day California voters approved state Proposition 83 ...
Article • May 15, 2007
Filed under: State Statutes, Zoning
City Can Limit Vermont State Prison Population by The Vermont Supreme Court unanimously ruled that a city may limit the number of prisoners held in a state prison located within that city's limits. In 1992, the Vermont Department of Corrections (VDOC) applied to the City of South Burlington for a ...
Indianapolis’ Sex Offender Ordinance Banning Presence in Public Places with Children Enjoined by Indianapolis' Sex Offender Ordinance Banning Presence in Public Places with Children Enjoined An Indiana federal district court has granted a preliminary injunction to the plaintiffs in an action challenging a City of Indianapolis ordinance that bans sex ...
Article • May 15, 2007
Filed under: State Statutes, Zoning
Demolition of Historic California Jail Stayed Pending New Study by John Dannenberg By John E. Dannenberg The County of Monterey, California wanted to demolish its 73-year-old Main Jail in Salinas, but was challenged by preservationists who wished it refurbished and maintained as an historic building. The preservationists ("Architectural Heritage Association") ...
ADA Group Home Suit Not Moot by The plaintiffs' claim against a fire department of disability discrimination against a group home was not mooted by its changed interpretation of the fire code, since the interpretation might change back. At 574: "The defendant's burden is a heavy one to ensure the ...
Article • May 15, 2007
Filed under: Classification, Zoning
Cincinnati's Ban on Travel in "Drug Exclusion Zones" Struck Down by Cincinnati's Ban on Travel in "Drug Exclusion Zones" Struck Down The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court for the Southern District of Ohio, held that a Cincinnati, Ohio, municipal ordinance banning persons convicted of ...
California’s “High-Risk” Sex Offender Parolees Ostracized; Parole Official Fired by John Dannenberg California's "High-Risk" Sex Offender Parolees Ostracized; Parole Official Fired by John E. Dannenberg California's 2,000 "high-risk" sex offenders (HRSOs) currently on parole are increasingly being ostracized following relentless publicity as to their whereabouts, forcing parole officials to continuously ...
Federal Judge Suspends Some Georgia Sex Offender Residency Restrictions by Matthew Clarke by Matthew T. Clarke On June 29, 2006, e federal judge in Georgia granted class-action status and a temporary restraining order (TRO) suspending enforcement of some provisions of Georgias sex offender residency law (SORL), Ga.Code.Ann. § 42-15. The ...
Focus on Sex Offenders Increases While Number of Sex Offenses Decline by In September, 2006 the U.S. Bureau of Justice Statistics released its annual Crime Victimization report for 2005, which indicated a dramatic drop in the number of rapes and sexual assaults nationally. The 191,670 reported incidents represent an almost ...
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