Ninth Circuit Vacates FRCP 4(m) Dismissal Without Notice
by Mark Wilson
The Ninth Circuit Court of Appeals held on October 30, 2013 that a district court’s failure to provide notice before dismissing a complaint for non-service and denying leave to amend were abuses of discretion.
Nevada …
Washington Prison Guard’s Murder Costs State $2.5 Million and Counting
by Mark Wilson
A Washington prisoner’s conviction and death sentence for murdering a female prison guard has cost taxpayers $1.6 million, while the guard’s family settled a lawsuit against the state for $900,000.
As previously reported …
Washington Jail Detainees Sue over Videotaped "Peep Shows"
by Mark Wilson
"They were directing them to do it like dolls. Like taking clothes off a Barbie doll,” stated Seattle, Washington attorney James C. Egan, referring to a pattern of videotaping female detainees in holding cells at the …
Reversal of Oregon Parole Postponement Due to Incorrect Psychological Evaluation
by Mark Wilson
The Oregon Court of Appeals has held that a prisoner’s release was improperly postponed for two years on the basis of an erroneous psychological evaluation report.
Oregon law provides for enhanced “dangerous offender” …
Ninth Circuit: Prisoner’s Service of Process for Other Prisoner Not Protected Conduct
by Mark Wilson
On September 10, 2013, the Ninth Circuit Court of Appeals affirmed the dismissal of a prisoner’s retaliation claim, holding that serving a summons for another prisoner is not constitutionally protected conduct.
…
Seventh Circuit: No Qualified Immunity for Diabetic Detainee’s Death
by Mark Wilson
On August 20, 2013, the Seventh Circuit affirmed a district court’s denial of qualified immunity in a case concerning an Illinois pretrial detainee’s death due to medical neglect.
Phillip Okoro, 23, was arrested for …
New York Prisoner Awarded Sanctions for Spoliation of Evidence; Case Settles for $500,000
by Mark Wilson
On September 4, 2013, a New York federal district court held that a jail official was precluded from testifying in a prisoner’s lawsuit about what she supposedly witnessed on surveillance video …
Prison Officials Liable for Private Employer ADA Violations
by Mark Wilson
The Ninth Circuit Court of Appeals held last September that prison officials are liable for violations of the Americans with Disabilities Act (ADA) committed by private employer contractors.
Arizona law requires state prisoners to work …
Oregon Victim’s Right to Restitution Survives Prosecutor’s Statutory Violation
by Mark Wilson
The Oregon Court of Appeals held that a prosecutor’s failure to comply with state restitution laws did not deprive a trial court of authority to impose restitution after sentencing.
Oregon law requires the prosecutor …
Illinois $50 State’s Attorney Fee Applies Only to Habeas Proceedings
by Mark Wilson
The Illinois Supreme Court held in September 2013 that a $50 State’s Attorney fee authorized in habeas corpus cases does not apply to non-habeas collateral proceedings.
After an Illinois trial court dismissed a …
