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Article • August 15, 2013 • from PLN August, 2013
Filed under: Civil Procedure, Sanctions
Sixth Circuit Addresses Spoliation Sanction Standard by In holding that the determination of a spoliation sanction should be left to the discretion of the district court, considering the facts of each case individually, the Sixth Circuit Court of Appeals held it would not upset a district court's decision unless it …
Article • August 15, 2013 • from PLN August, 2013
Canadian Prisoners Receive $3.5 Million in Settlements by Derek Gilna Thirty-four prisoners in the Canadian province of British Columbia have obtained a total of $3.5 million in settlements from the government between January 2008 and March 2012. The largest settlement, for a prisoner's traumatic brain injury resulting from an assault …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Civil Procedure, Venue
Trial Held in Texas Prison Courtroom Not Open to the Public by The Texas Court of Criminal Appeals has ruled that a plea hearing in a criminal case held in a prison chapel was not open to the public, and thus violated the defendant's Sixth Amendment rights. Conrad Lilly, a …
Article • August 15, 2013
Connecticut Prohibits Disclosure to Prisoners of Investigation Reports Against Guards by Connecticut legislature has enacted an exemption to the state’s Freedom of Information Act that prevents disclosure of certain records sought by “any individual committed to the custody or supervision of the Commissioner of Correction or confined in a facility …
Article • August 15, 2013
9th Circuit: Sanctions Under FRCP 45(c)(1) Not Justified Merely Because Party Seeking Discovery Failed to Prevail by In November 2012, the Ninth Circuit reversed a district court’s sanction order granting attorney fees and costs under Fed. R. Civ. P. 45(c)(1), holding that sanctions are inappropriate merely because, during discovery, a …
Article • August 15, 2013
TN Attorney General Says Public Records Act Requires Disclosure After Redaction of Exempt Portions of Records by In September, 1998, the Tennessee Attorney General issued its opinion regarding the disclosability of records after redaction of legally exempt parts of the document, without any balancing of interests before disclosure. The AG …
Brief • August 5, 2013
Castillo v. Ryan, AZ, Motion to Unseal, Excessive Force Concussion Sprained Wrist Vision Shoulder Injury, 2013 Case 2:11-cv-00712-RCB-JFM Document 181 Filed 08/05/13 Page 1 of 7 1 2 3 4 5 VINCE RABAGO LAW OFFICE PLC 500 N. Tucson Blvd. Ste. 100 Tucson, Arizona 85716 (520) 955-9038 (888) 371-4011 (Fax) …
Filing • July 30, 2013
Filed under: Complaints
Prison Legal News v. Sheriff Ken Stolle, Virginia Beach, Complaint 2013 Case 2:13-cv-00424-MSD-DEM Document 1 Filed 07/30/13 Page 1 of 8 PageID# 1 FILED UNITED STATES DISTRICT COURT JUL 3 0 2013 ^ FOR THE EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION C! I RK, U S. DIS7RIC1 COURT MORI OLK, …
PLN v. FBOP, DC, Memorandum Opinion, FOIA Request, 2013 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) PRISON LEGAL NEWS, ) ) Plaintiff, ) ) v. ) Civil Action No. 05-1812 (RBW) ) ) CHARLES E. SAMUELS, JR., 1 Director, Federal Bureau of Prisons, ) ) Defendant. …
Brief • July 19, 2013
Kenney v. Montgomery County, PA, Plaintiff's Interrogatories to Correctional Medical Care Inc - Inmate Medical Care, 2013 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ DOROTHY L. KENNEY, as : ADMINISTRATRIX of the ESTATE OF : PATRICIA ANN POLLOCK, : CIVIL ACTION : Plaintiff, : …
Seventh Circuit Reverses Dismissal of Illinois Prisoner's Lawsuit Related to Shooting by The Seventh Circuit Court of Appeals has held that a lower court erred in dismissing an Illinois prisoner's excessive force, deliberate indifference and retaliation claims. On May 16, 2009, an unidentified Stateville Correctional Center guard fired two rounds …
Article • July 15, 2013 • from PLN July, 2013
Sixth Circuit Reverses Dismissal of Suit Due to Non-Exhaustion and Statute of Limitations by The Sixth Circuit Court of Appeals reversed a lower court's summary judgment order that erroneously dismissed a Michigan prisoner's lawsuit for non-exhaustion and because it was time-barred. On November 30, 2005, Michigan state prisoner Samuel Surles …
Article • July 15, 2013 • from PLN July, 2013
California: Eastern District Jury Pool Alleged to be Biased Against Prisoners by Defense attorneys representing two prisoners accused of murdering a federal prison guard have argued that the jury pool in the region – the Central Valley of California – is biased against prisoners due to the numerous correctional facilities …
PLN Files Public Records Suit Against CCA in Vermont by On June 7, 2013, Prison Legal News, represented by the ACLU of Vermont, filed a lawsuit in state court after submitting a public records request seeking information about legal settlements involving Corrections Corporation of America (CCA) – the nation's largest …
Article • July 15, 2013 • from PLN July, 2013
Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 by Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 The Sixth Circuit Court of Appeals has held that a pretrial detainee did not suffer a violation of his Sixth Amendment right to …
Article • July 13, 2013
Filed under: Resources, Grievances
"Prison Grievances: When to Write, How to Write" - Graphic Book on the Basics by Matthew Clarke By Matt Clarke In Prison Grievances: When to Write, How to Write by Terry LeClercq , you will find the basic information on how to get your grievances heard presented in an illustrated format …
Brief • July 10, 2013
Elliot v. City of New York, NY, Order Awarding Interest on Settlement, False Arrest, 2013 Case 1:11-cv-07291-RWS Document 15 Filed 07/10/13 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - --------- ------ ----------- ------ ----X SOPHIA ELLIOT and I.E., Plaintiffs, 11 Civ. against- OPINION CITY …
Filing • July 8, 2013
Filed under: Complaints
Prison Legal News v. Sheriff Bob Holder, Comal County, Complaint 2013 Case 5:13-cv-00591 Document 1 Filed 07/08/13 Page 1 of 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION PRISON LEGAL NEWS, a project of the HUMAN RIGHTS DEFENSE CENTER, § § § PLAINTIFF § v. § …
Brief • July 3, 2013
Jackson v. Meisner, WI, AAG Letter to Judge, Columbia CI error rejecting inmate complaint, 2013 • STATE OF WISCONSIN DEPARTMENT OF JUSTICE J.B. VAN HOLLEN ATIORNEY GENERAL 17 W. Main Street P.O. Box 7857 Madison, W1 53707-7857 www.doj.state.wi.us Kevin M. St. John Deputy Attorney General Rebecca A. Paulson Assistant Attorney …
Brief • July 3, 2013
Ali v. Taylor, 10th Cir, Order and Judgment, appeals segregation good time credit, 2013
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