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44 cases, 403 documents
Ordered by
CRIMINAL JUSTICE (OTHER)
In re Lugo

04-135399 | California state trial court

Filed Date: May 26, 2004

On May 26, 2004, a prisoner at San Quentin State Prison in California filed this habeas corpus petition under state law in the Marin County Superior Court. The petitioner claimed that after a denial of parole on February 25, 2003, the California Board of Parole Hearings (BPH) failed to conduct a subsequent parole hearing within a year, thereby violating his due process rights and rights under Cal. Penal Code § 3041.5(b)(2). After reviewing the petition, Superior Court Judge Verna Adams issued a…
CRIMINAL JUSTICE (OTHER)
Morrissey v. Brewer

4:69-20468 | U.S. District Court for the Southern District of Iowa

Filed Date: Sept. 12, 1969

Closed Date: June 29, 1972

This is an older case about whether due process rights are violated when a parole board revokes someone's parole without a hearing. Two petitions for habeas corpus were filed in the U.S. District Court for the Southern District of Iowa: Booher v. Lee County, filed on March 11, 1970 (docket number 70-20478); and Morrissey v. Brewer, filed on Sept. 12, 1969 (docket number 69-20468).The petitioners, Morrissey and Booher, were individually convicted in the U.S. District Court for the Southern Distr…
PRISON CONDITIONS
In re Crawford

10-05298 | California state trial court

Filed Date: 2010

Closed Date: Sept. 24, 2012

On February 25, 2011, the plaintiff, a prisoner in the Pelican Bay State Prison, filed a habeas corpus petition in the California Superior Court of Del Norte County. He alleged that the prison had violated his First Amendment rights by confiscating a letter about political prisoners in California prisons he attempted to send to a San Francisco newspaper. A prison official who was responsible for monitoring the mail intercepted the letter and determined that it promoted gang activity and was the…
IMMIGRATION AND/OR THE BORDER
Gayle v. Napolitano

3:12-cv-02806 | U.S. District Court for the District of New Jersey

Filed Date: May 10, 2012

On May 10, 2012, a group of non-citizens detained in New Jersey immigrant detention facilities filed suit in the U.S. District Court for the District of New Jersey against the U.S. Department of Homeland Security and its component, U.S. Immigration and Customs Enforcement. Represented by the the ACLU’s Immigrant Rights Project, plaintiffs petitioned for a writ of habeas corpus, claiming that their continued detention despite strong claims against deportability was a violation of their Fifth Ame…
IMMIGRATION AND/OR THE BORDER
Franco-Gonzalez v. Holder

2:10-cv-02211 | U.S. District Court for the Central District of California

Filed Date: March 26, 2010

The ACLU filed this petition for writ of habeas corpus and class action complaint on March 26, 2010, on behalf of several named plaintiffs with serious mental disorders or disabilities who had been detained by U.S. Immigration and Customs Enforcement (ICE) and (like all detainees) denied provision of legal counsel. The plaintiffs filed in the United States District Court for the Central District of California. Many of the documents filed in this case are under seal or otherwise unavailable to t…
IMMIGRATION AND/OR THE BORDER
Gordon v. Napolitano [later Johnson, Nielsen]

3:13-cv-30146 | U.S. District Court for the District of Massachusetts

Filed Date: Aug. 8, 2013

Closed Date: June 26, 2019

On August 8, 2013, several noncitizens being held in mandatory detention filed this class-action lawsuit in the U.S. District Court for the District of Massachusetts against the U.S. Department of Justice (DOJ), U.S. Department of Homeland Security (DHS), and various county sheriffs in Massachusetts. The plaintiffs argued that their detention in deportation proceedings -- without any chance for release on bail when they were released from criminal custody months or years before -- violated the …

Class Action Complaint and Petition for Writ of Habeas Corpus

Gordon v. Napolitano

Aug. 8, 2013

Order Regarding Plaintiff's Petition for Writ of Habeas Corpus, Plaintiff's Motion for a Preliminary Injunction, and Defendants' Motion to Dismiss

Gordon v. Napolitano

Oct. 23, 2013

Memorandum and Order Regarding Plaintiff's Petition for Writ of Habeas Corpus, Plaintiff's Motion for a Preliminary Injunction, and Defendants' Motion to Dismiss

Gordon v. Napolitano

Dec. 31, 2013

Order Regarding Plaintiffs' Motion for Class Certification, Plaintiff Cesar Chavarria Restrepo's Individual Habeas Petition, and Defendants' Motion to Dismiss

Gordon v. Napolitano

March 27, 2014

Memorandum & Order Regarding Plaintiffs' Motion for Class Certification and Plaintiffs' Motion for Summary Judgment

Gordon v. Napolitano

May 21, 2014

see 8 additional documents
IMMIGRATION AND/OR THE BORDER
Reid v. Donelan

3:13-cv-30125 | U.S. District Court for the District of Massachusetts

Filed Date: July 1, 2013

On July 1, 2013, a lawful permanent resident held in immigration detention in Massachusetts for eight months filed a federal habeas petition under 18 U.S.C. § 2241, and a class-action complaint in the U.S. District Court for the District of Massachusetts, contending that the prolonged detention of himself and others similarly situated without an individualized bond hearing violated the Immigration & Nationality Act (INA), the Fifth Amendment's Due Process Clause, and the Eighth Amendment's Exce…
NATIONAL SECURITY
Yaser Esam Hamdi v. Rumsfeld

2:02-cv-00439 | U.S. District Court for the Eastern District of Virginia

Filed Date: May 10, 2002

Closed Date: Oct. 12, 2004

Yaser Esam Hamdi was captured by American military forces in Afghanistan as an alleged member of the Taliban. He was transported with his unit from Afghanistan to a prison in Afghanistan before being moved again to Guantanamo Bay. When American officials discovered that Hamdi was an American citizen, he was transported to the Norfolk Naval Brig. While detained in Norfolk, he was denied access to counsel.On May 10, 2002, the Federal Public Defender for the Eastern District of Virginia filed a pe…
CRIMINAL JUSTICE (OTHER)
Weatherspoon v. Oldham; Tennessee v. Weatherspoon

2:17-cv-02535 | U.S. District Court for the Western District of Tennessee

Filed Date: Jan. 1, 2017

Closed Date: Dec. 13, 2018

In this case, a Memphis criminal defendant challenged the constitutionality of Tennessee’s cash bail system. In early of 2017, the defendant and, later, petitioner, was charged with attempted first degree murder. The Tennessee trial court set bail at $200,000, which he could not pay, leading to his incarceration while his criminal case was pending. The defendant was initially represented by the Shelby County Public Defender. He claimed that the trial court set a high bail amount with the goal o…
INDIGENT DEFENSE
Harris v. Champion

4:90-cv-00448 | U.S. District Court for the Northern District of Oklahoma

Filed Date: May 22, 1990

Closed Date: 1997

This action arose from a habeas petition filed on May 22, 1990 in the U.S. District Court for the Northern District of Oklahoma. After he was convicted of forcible sodomy, assault and battery with a dangerous weapon, and sentenced to 15 years in state prison, the petitioner invoked his right to appeal and requested counsel on September 29, 1988. Due to understaffing/ underfunding, the Oklahoma Appellate Public Defender did not immediately file that appeal. Instead, on May 11, 1989, the public d…