AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and
Detention Facilities
Home Detention/Home Release
County could
not be held liable for death of murder victim allegedly killed by detainee
who removed an electronic home monitoring restraint and escaped home detention
before committing the crime. The county and its agencies had no "special
duty" to protect the victim from the crime, and an exception to statutory
immunity for injury and death that occurs within the grounds of buildings
used in performance of public functions did not apply. Kennerly v. Montgomery
Cty. Bd. of Commissioners, 814 N.E.2d 1252 (Ohio App. 2d Dist. 2004). [N/R]
Trial court's order prohibiting placing probationer
on a home monitoring system improperly interfered with county sheriff's
statutory authority under state law to regulate the manner in which she
served jail time. State of Wisconsin v. Schell, No. 02-1394-CR, 661 N.W.2d
503 (Wis. App. 2003). [N/R]
Removal of offender from home detention program
for failure to obtain full-time employment was a deprivation of liberty,
entitling him to due process, but county community corrections agency did
not order him jailed, since only a court had the power to do so. The plaintiff
was arrested under a warrant and spent 3 days in custody. A subsequent
court hearing determined that he was mentally disabled, and therefore excused
from the condition of obtaining full time employment. He was then reinstated
in the home detention program. If there was any erroneous deprivation of
due process, it was by the probation officer and the state court that issued
the arrest warrant at the officer's request. No civil rights claim could
be pursued against the community corrections agency for merely reporting
to the probation officer a probable violation of a condition of probation.
Paige v. Hudson, #02-4317, 341 F.3d 642 (7th Cir. 2003). [N/R]
Prisoner
on home release status had no constitutional liberty interest in continuation
of such status. Asherman v. Meachum, 566 A.2d 663 (Conn. 1989).