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Article • February 15, 2014 • from PLN February, 2014
Deliberate Indifference Medical Claim Accrues Upon Discovery of Injury and its Cause by The Seventh Circuit Court of Appeals has articulated a rule for determining when a prisoner’s claim of deliberate indifference to a serious medical need accrues. In so doing, the Court reversed an Indiana federal district court’s dismissal …
Iowa: Bad Faith or Misconduct can Overcome Mental-Process Privilege in Disciplinary Case by The Iowa Supreme Court has held that administrative law judges (ALJs) in the Department of Corrections (DOC) are entitled to assert the mental-process privilege in an Office of Ombudsman investigation, but that privilege may be overcome upon …
California: Sexually Violent Predator Entitled to Jury Trial on Petition Seeking Conditional Release by The California Court of Appeal has reversed the denial of a petition for conditional release filed by a sexually violent predator (SVP) who had received a psychological evaluation indicating that conditional release would be in his …
Article • February 15, 2014 • from PLN February, 2014
Ninth Circuit: Immigration Detainees Must be Afforded Opportunity to Challenge Continued Detention after Six Months by On April 16, 2013, the Ninth Circuit Court of Appeals affirmed a district court’s grant of preliminary injunctive relief to immigration detainees in Southern California, affording them an opportunity to challenge their continued detention …
Filing • January 31, 2014
Filed under: Complaints
Prison Legal News v. Ventura County, Complaint 2014 Case 2:14-cv-00773-GHK-E Document 1 Filed 01/31/14 Page 1 of 24 Page ID #:564 1 ERNEST GALVAN - 196065 BLAKE THOMPSON -.255600 2 ROSEN BIEN GALVAN & GRUNFELD LLP 315 Montgomery Street, Tenth Floor San Francisco, alifornia 94104-1823 Telephone: (415) 433-6830 Facsimile: (415) …
Article • January 15, 2014 • from PLN January, 2014
Washington Defendant Improperly Denied Transcript at State Expense by The Washington State Supreme Court held in a November 8, 2012 en banc ruling that an indigent defendant was improperly denied a jury voir dire transcript. When appealing his convictions for first-degree murder, second-degree murder and two counts of unlawful possession …
Article • January 15, 2014 • from PLN January, 2014
Tenth Circuit: FRAP 4(b) Clock Commences Upon Entry in Public Docket by The Tenth Circuit Court of Appeals held that a judgment must be entered on a district court’s publicly accessible criminal docket to commence the 14-day time limit in which a defendant may file a notice of appeal. Francisco …
Article • January 15, 2014 • from PLN January, 2014
Res Judicata Doesn't Bar Ohio Post-release Control Challenge by The Ohio Supreme Court has held that “when a criminal defendant is improperly sentenced to post-release control, res judicata does not bar the defendant from collaterally attacking his conviction for escape due to an earlier post-release-control sentencing error.” In 1998, Donald …
Article • January 15, 2014 • from PLN January, 2014
Oregon: Jury Trials Required When Prosecutors Treat Misdemeanors as Violations by The Oregon Court of Appeals held on September 26, 2012 that criminal defendants are entitled to jury trials and reasonable doubt determinations when misdemeanors are reduced to violations – a ruling that was subsequently affirmed by the state Supreme …
T.R. V. South Carolina DOC, SC, Judgment, 2014 STATE OF SOUTH CAROLINA ) ) COUNTY OF RICHLAND ) ) T.R., P.R., and K.W., on behalf of ) themselves and others similarly situated; ) and Protection and Advocacy for People ) with Disabilities, Inc., ) ) Plaintiffs, ) ) v. ) …
Publication • January 1, 2014
Records Retention and Disposotion Schedules, Orange Co Sheriff's Dept. 2014 ‘V / Orange County Sheriffs Department h,tho,’a by: t(i)t)l 1;t,i :1.vl.c11nt iIU17’iS /)1,’LrI! Suppit Cs t)i1ivern , Ity ---- CONTENTS • • • • BOARD RESOLUTION INTRODUCTION CAUTION ABBREVIATIONS & ACRONYMS GUIDE RECORDS RETENTION AND DISPOSTION SCHEDULES: ADMINSTRATIVE SERVICES COMMAND …
Filing • December 17, 2013
Filed under: Complaints
Prison Legal News v. Sheriff Ken Mascara, St. Lucie County Jail, Complaint 2013 Case 2:13-cv-14481-XXXX Document 1 Entered on FLSD Docket 12/17/2013 Page 1 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Fort Pierce Division Case No: PRISON LEGAL NEWS, a project of the HUMAN RIGHTS DEFENSE CENTER, …
Third Circuit Allows Prisoner's Substitution of Deceased Guard’s Estate by The Third Circuit Court of Appeals held on October 16, 2012 that a district court had improperly denied a prisoner’s motion to substitute a deceased guard’s estate as a defendant. Delaware prisoner Wardell Leroy Giles filed suit in federal court …
Article • December 15, 2013 • from PLN December, 2013
Ninth Circuit Affirms Finding that Claim Accrues Each Time a Request for Conjugal Visits is Denied by On November 21, 2012, the Ninth Circuit Court of Appeals affirmed a district court’s finding that a prisoner’s challenge to the denial of his request for conjugal visits was not barred by the …
Article • December 15, 2013 • from PLN December, 2013
No Summary Judgment on Claim that Guard Stole Prisoner’s Wedding Ring by The Oklahoma Supreme Court has held that factual disputes about a guard’s alleged theft of a prisoner’s wedding ring precluded summary judgment in a lawsuit that has been pending for the past eight years. In November 2004, Oklahoma …
Brief • December 12, 2013
Filed under: Corizon, Discovery, Censorship
Williams v. City of Philadelphia, PA, Plf Supp Medical and Mental Health Discovery Requests, 2013 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ : DWIGHT WILLIAMS et al., : : CIVIL ACTION Plaintiffs, : : No. 08-1979 v. : : CLASS ACTION CITY OF PHILADELPHIA …
Brief • December 10, 2013
Olave v. City of Albuquerque, NM, Settlement, Reckless Driving, 2013 ~ ! ·- SECOND JUDICIAL DISTRICT COURT COUNTY OF BERNALILLO STATE OF NEW MEXICO STEPHANIE OLA VE, Plaintiff, Cause No. D-202-CV-2012-06292 v. CITY OF ALBUQUERQUE, and PIDLLIP BLOCK, Defendants. SETTLEMENT AGREEMENT AND RELEASE OF' CLAJM_S IN SOLE CONS IDERATION of …
Article • November 15, 2013 • from PLN November, 2013
Montana Jail Fresh Air/Exercise Lawsuit Certified as Class Action, Then Settles by The U.S. District Court for the District of Montana granted class certification in a lawsuit alleging that the Missoula County Detention Facility (MCDF) deprives prisoners of fresh air and outdoor exercise. Following the class certification, the suit settled …
Article • November 15, 2013 • from PLN November, 2013
Connecticut Supreme Court Reverses FOIA Disclosure of NCIC Printout by The Connecticut Supreme Court held on September 27, 2012 that a National Crime Information Center (NCIC) printout was exempt from production under the state’s Freedom of Information Act (FOIA), because a federal regulation barred its disclosure. Rashad El Badrawi was …
Article • November 15, 2013 • from PLN November, 2013
Attorney Fees Not Exempt from Disclosure Under California Public Records Act by The California Court of Appeal held on November 16, 2012 that billing and payment records reflecting the amount of money a government agency paid in attorney fees to defend against a pending civil rights action were not exempt …
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