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Second Circuit Holds Costs May be Denied to Prevailing Party on Appeal
Loaded on March 15, 2011
published in Prison Legal News
March, 2011, page 47
The prevailing party on appeal may be denied costs when, in a court’s discretion, taxing costs is deemed inequitable, the U.S. Court of Appeals for the Second Circuit held on November 2, 2009.New York resident Richard Moore sued two Delaware County Deputy Sheriffs following a search of his home ...
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More from this issue:
- Legacy of Corruption: GEO Buys Off the Florida Political Establishment, by Beau Hodai
- Summary Judgment for Illinois Jail Nurse Reversed in Wrongful Death Suit, by Brandon Sample
- Band-aid Applied to Florida’s Homeless Sex Offender Colony Falls Off, by David Reutter
- Nevada Agrees to Settle Class Action Lawsuit Over Medical Treatment at Ely State Prison
- From the Editor, by Paul Wright
- Safety Concerns of a Prisoner Rights Lawyer
- Second Circuit: New York’s Persistent Felony Offender Statute Held Constitutional in En Banc Ruling, by Matthew Clarke
- Federal BOP’s Exclusions from Early Release Incentive for Substance Abuse Program Completion Struck Down
- U.S. Supreme Court Upholds $625,000 Judgment for Female Prisoner Molested by Ohio Prison Guard, by John Dannenberg
- Sixth Circuit Holds Pre-1992 Michigan Lifers Not Entitled to Ex Post Facto Relief
- California Prison System Lays Off Teachers, Vocational Instructors, by Michael Brodheim
- Virginia Federal Court Invalidates DOC Ban on Sexually Explicit Books, by David Reutter
- State Inspections Compel Changes at Abusive Michigan Juvenile Facility, by David Reutter
- Report Faults Private Prison Company for Deadly Arizona Prison Break, by Matthew Clarke
- Have a Cell Phone in Your Rectum? Body Cavity Searches OK’d in First Circuit, but Surgical Searches Are Not, by Brandon Sample
- Probation May Not Be Conditioned On Overly Broad Court Access Restrictions
- Social Security Audit Criticizes Prisoners’ Access to Personal Data; Federal Legislation Passed, by Matthew Clarke
- Georgia Eases Sex Offender Restrictions in Face of Federal Court Challenge
- Kentucky Jail Guards’ Convictions Affirmed in Sexual Abuse of Young Prisoner, by David Reutter
- Prison Health Services Doctors Caught in Scandals
- Prisoner Labor Used to Clean Up BP Oil Spill, by Matthew Clarke
- Former Orange County Jail Detainee Paid $750,000 to Settle Guard Tasering Suit
- Massachusetts: Wrongful Conviction Suit Settled for $3.25 Million
- Class Action Certified in California Federal Civil Rights Suit Against TransCor
- Towns Defaulting on Prison and Jail Bonds, by Matthew Clarke
- $100,000 Settlement in Nebraska Jail Prisoner Suicide Suit
- Florida: Cost Savings and Benefits of Prison Privatization Non-Existent, by David Reutter
- PLN and HRDC Win Consent Judgment Against Louisiana Sheriff in Censorship Case
- Tennessee: Private Prison Guards Considered “Public Servants”
- Texas Audits Private Prison and Substance Abuse Treatment Contract Monitoring, by Matthew Clarke
- Short-Lived Class Action Lawsuit Filed Against Global Tel*Link in California, Then Secretly Settled, by Michael Brodheim
- Kentucky Guards Sentenced to Federal Prison in Detainee Abuse Prosecution
- U.S. Supreme Court: No Federal Habeas Relief for California Lifer Parole Denials, by John Dannenberg
- Ohio Governor Spares Death Row Prisoner, Cites Problems with Evidence, by Derek Gilna
- $373,000 Settlement in New York City Juvenile Facility “Building Tenders” Suit, by Brandon Sample
- Disgraced Doctor Good Enough for Texas Prisoners, by Matthew Clarke
- New Mexico Corrections Secretary Lets Private Prison Firms Skate on Understaffing, Forgoes $18.6 Million in Fines, by Matthew Clarke
- California Prison Officials Pay $10,000 to Settle Prisoner’s Retaliation, Conditions Suit
- BOP’s Furlough Notification Policy Not to be Addressed for Seven Years, by Derek Gilna
- Continuing Violation Doctrine Applies to Deliberate Indifference in New York
- Fifth Circuit Holds Texas Parole Revocation Witness Denial Violates Due Process
- Terminally Ill Maryland Prisoner May Refuse Treatment; State’s Highest Court Denies Forced Treatment, by Mark Wilson
- Dismissal for Failure to Effect Service Reversed in Florida Failure to Protect Suit
- Iowa Supreme Court Holds Inmate Assault Statute Only Requires Bodily Fluids from Another for Conviction
- Second Circuit Holds Costs May be Denied to Prevailing Party on Appeal
- Second Circuit Reverses Denial of RLUIPA Dietary Claim
- Ninth Circuit Rules Prisoners Not Required to Include Legal Theories in Grievances
- Wisconsin Civil Commitment Patients Denied Minimum Wage
- North Carolina Prisoner Prevails in Claim Related to Paruresis, AKA “Shy Bladder”
- News in Brief:
More from these topics:
- Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees, June 15, 2024. Appointment of Counsel, Costs, Restitution, Bail Bonds.
- Police Legal Defense Funds Have Millions in Reserve, Aug. 15, 2021. Costs, Police.
- The Costs of the War on Drugs, May 15, 2021. War on Drugs, Costs.
- Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena, Oct. 4, 2020. Civil Procedure, Subpoenas, Fair Trial.
- Ohio Supreme Court: Ineffective Assistance of Counsel Analysis Applies to Failure to Seek Waiver of Court Costs, March 18, 2020. Costs.
- Idaho: ACLU Files Suit That Reveals Officials Misled Public About Costs Associated With Executions In State, July 7, 2019. War on Drugs, Costs, Death Penalty/Death Row, Death Penalty, Death Row.
- First Circuit Announces No Joint Participation Exception to Spousal Testimonial Privilege, Feb. 14, 2019. Civil Procedure, Marriage.
- Magistrate Judge Must Have Jurisdiction Prior to Entering Final Judgment, Nov. 6, 2018. Civil Procedure, Appeals.
- Maryland Court of Appeals Announces Proper Procedure for In Banc Review, Oct. 31, 2018. Civil Procedure, Appeals.
- FRCP Rule 25 Allows for Extension of Time to Substitute Party Upon Death, Aug. 8, 2018. Civil Procedure.