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Brief • September 25, 2013
Filed under: Costs, Filing Fees, False Arrest
Schwartz v. Bethel, NY, Order on Indigency Status, False Arrest, 2013 Case 1:13-cv-02209-FB-JMA Document 13 Filed 09/25/13 Page 1 of 3 PageID #: 49 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------x FRANKEL SCHWARTZ, MEMORANDUM AND ORDER Case No. CV-13-2209 (FB) (JMA) Plaintiff, -againstMARLON BETHEL, CITY OF NEW …
Seventh Circuit Upholds CCA’s Victory in Indiana Jail Conditions Suit by On September 14, 2012, the Seventh Circuit Court of Appeals affirmed a district court’s class certification and summary judgment orders in a jail conditions case involving the Marion County Correctional Center (MCCC) in Indianapolis, Indiana, also known as the …
Article • September 15, 2013 • from PLN September, 2013
Michigan County Sanctioned for Defrauding Federal Court in Prisoner Death Case by David Reutter by David M. Reutter On April 4, 2012, a Michigan federal district court imposed sanctions against Wayne County for committing fraud and misrepresentation upon the court and opposing counsel in a prisoner’s wrongful death suit. The …
Article • September 15, 2013 • from PLN September, 2013
Seventh Circuit: Indiana Tolling Provision May Excuse Time-Barred Suit; Rule 12(b)(6) Dismissal Improper by The Seventh Circuit Court of Appeals has reversed a district court’s dismissal of an Indiana prisoner’s lawsuit as being time-barred. In January 2008, Pendleton Correctional Facility prisoner Danny R. Richards began complaining of abdominal pain and …
Ninth Circuit Requires Notice to Pro Se Prisoner Litigants for Motions to Dismiss for Failure to Exhaust by The Ninth Circuit Court of Appeals held on September 19, 2012 that district courts must give pro se prisoners notice of their rights and duties when responding to a motion to dismiss …
Brief • September 12, 2013
Kelly v. Wengler, ID, Motion to Extend Settlement Agreement, CCA Failure to Protect, 2013 Case 1:11-cv-00185-EJL Document 74 Filed 09/12/13 Page 1 of 2 Stephen L. Pevar AMERICAN CIVIL LIBERTIES UNION FOUNDATION 330 Main Street, First Floor Hartford, Connecticut 06106 (860) 570-9830 Richard Alan Eppink reppink@acluidaho.org AMERICAN CIVIL LIBERTIES UNION …
Brief • September 9, 2013
Donahoe v. Arpaio, AZ, Plf Res to Def Mot to Excl Testimony - Van Blaricom, Daubert exclude police expert, 2013 1 Michael C. Manning (#016255) Larry J. Wulkan (#021404) 2 Stefan M. Palys (#024752) STINSON MORRISON HECKER LLP 3 1850 North Central Avenue, Suite 2100 Phoenix, Arizona 85004-4584 4 Tel: …
Brief • August 19, 2013
Filed under: Evidence, Witnesses
Harrigan v. Marion County et al, OR, Plf Jury Instructions, evidence witness, 2013 Case 6:11-cv-06174-SI Document 54 Filed 08/19/13 Page 1 of 28 Page ID#: 178 J. Ashlee Albies OSB #051846 E-mail: ashlee@civilrightspdx.com Michael Rose, OSB # 753221 E-mail: mrose@civilrightspdx.com CREIGHTON & ROSE, P.C. 500 Yamhill Plaza Building 815 S.W. …
Article • August 15, 2013
Filed under: Civil Procedure, Service
Dismissal for IFP Prisoner’s Failure to Provide Copies for Service Improper by The Eighth Circuit Court of Appeals reversed a Minnesota federal district court’s order of dismissal, which was predicated on the plaintiff prisoner’s failure to comply with the Court’s order to submit additional copies of the amended complaint. While …
Article • August 15, 2013
Pennsylvania Attorney’s Disciplinary Matter Exempt from Disclosure by Herbert Somerson, a Pennsylvania lawyer, filed a malpractice action against Alvin Bonders and Johnny Taxicab Co. in the Philadelphia County Court of Common Pleas. Somerson had previously negotiated a disciplinary settlement agreement concerning his practice before the Pennsylvania Public Utility Commission (Commission). …
Article • August 15, 2013
Records Requested from Washington DOC Under Public Records Act May Be Rejected as Contraband by The Washington Department of Corrections (DOC) may reject as contraband records requested from the DOC under the Washington Public Records Act, the Washington Supreme Court held, July 3, 2008. Michael Livingston, a Washington prisoner, filed …
Article • August 15, 2013
Rooker-Feldman Doctrine Bars Review of State Court Order by District Courts by The Sixth Circuit Court of Appeals affirmed a Michigan federal district court’s order that dismissed an action challenging state court orders that allowed confiscation of a prisoner’s pension benefits for incarceration costs. Three Michigan prisoners filed this putative …
Sixth Circuit Vacates Section 1915(e)(2) Dismissal of Discrimination Claim by The Sixth Circuit Court of Appeals vacated a lower court’s sua sponte dismissal of a Kentucky prisoner’s race discrimination claim as frivolous under 28 U.S.C. § 1915(e)(2). Kentucky prisoner DeWayne Brand, an African-American, shared a cell with white prisoner Troy …
Article • August 15, 2013
TN Public Records Act Requires Disclosure of Police Report by A suicide victim’s wife told police officers investigating the death that her husband killed himself after he found out about her extramarital affair. A reporter for the Jackson Sun requested the police report, and the city successfully moved the Equity …
Article • August 15, 2013
FOIA: Administrative Appeal Remedies Deemed Exhausted when Agency Fails to Timely Determine Scope of its Intended Response by In April, 2013, the D.C. Circuit clarified the circumstances under which an agency response to a request for records under the Freedom of Information Act (FOIA) is (in)sufficient to trigger the requirement …
Article • August 15, 2013
Judicial Estoppel Bars Government’s Shifting Legal Positions by The Ninth Circuit Court of Appeals held that the government was barred from arguing in federal court that a parole challenge was moot, after successfully arguing in state court that it was. Oregon prisoner Leslie Whaley was released on parole, but the …
Article • August 15, 2013
NY FOIL Requires Disclosure of Teacher’s Negotiated Guilty Plea in Disciplinary Action by An unidentified teacher was taken before the New York State Board of Education on unspecified disciplinary charges. The teacher negotiated a guilty plea. An unidentified petitioner filed a motion to compel disclosure of the pertinent documents in …
Article • August 15, 2013
PA Cop’s Settlement Agreement in Termination Proceedings Exempt from Disclosure by Jeffrey Cooperstein, a cop in Pittsburgh, Pennsylvania, was fired for misconduct. Cooperstein and the city disposed of some of the issues in a settlement agreement. Timothy McNulty, a reporter for the Pittsburgh Post-Gazette, asked the city for a copy …
Article • August 15, 2013
California: Joint Pre-Trial Settlement Offer Valid in Wrongful Death Actions by In March, 2013, the California Court of Appeal affirmed the trial court’s award of expert witness fees to the prevailing party in a wrongful death suit. After Steven McDaniel was killed in a multiple vehicle accident, his wife and …
Article • August 15, 2013
City of Chicago Sanctioned for Obstructing Discovery in Case of Wrongful Murder Prosecution by In October 2012, the City of Chicago was sanctioned for obstructing the discovery process in a case alleging that city police officials unconstitutionally brought a murder prosecution against a man they had reason to believe was …
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