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Brief • May 7, 2013
Kelly v. Lapan, NY, Civil Docket, 2013 Case: 1:07-cv-4149 As of: 05/07/2013 10:34 PM EDT 1 of 3 CLOSED U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:07−cv−04149−LTS Kelly et al v. Lapan et al Assigned to: Judge Laura Taylor Swain Similar Case: …
Porter v. Thurman, WA, Settlement, Excessive Force - Beating, Taser, 2013 RELEASE AND SETTLEMENT AGREEMENT 1. Release For and in consideration of the sum of FORTY NINE THOUSAND DOLLARS AND NO/I 00 ($49,000.00), receipt of which is hereby acknowledged, DAVID A. PORTER and NIKKI PORTER, individually and as husband and …
Brief • April 18, 2013
Hawkins v. City of New York, NY, Order Sanctioning Defendant's Failure to Respond, False Arrest and Excessive Force, 2013 Case 1:12-cv-06411-PAE Document 11 Filed 04/18/13 Page 1 of 9 tISIlC SDNY DQCU~~NT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------}( . :EJ:.~eTaONlCALL Y "I.LED. DOC#~.~____~~~~ DATE FILED: 1/-//1$ …
Article • April 15, 2013 • from PLN April, 2013
New York: Provision Requiring Independent Jail Oversight Board Ignored for 23 Years by Joe Watson For more than two decades, the Nassau County Jail in East Meadow, New York has lacked accountability in the form of an oversight board. But that lapse may be coming to an end after prisoner …
Article • April 15, 2013 • from PLN April, 2013
CDCR Tried to Conceal Report on Prisoner Suicides by A report that linked oppressive conditions in California prisons to preventable prisoner suicides was suppressed by the California Department of Corrections and Rehabilitation (CDCR), while the state tried to convince a federal judge that court oversight was no longer needed in …
Article • April 15, 2013 • from PLN April, 2013
Seventh Circuit Reverses Dismissal of Case Challenging Conditions in Illinois Jail where Mentally Ill Prisoner Died by David Reutter Seventh Circuit Reverses Dismissal of Case Challenging Conditions in Illinois Jail where Mentally Ill Prisoner Died On March 20, 2012, the Seventh Circuit Court of Appeals reversed a district court’s grant …
Article • April 15, 2013 • from PLN April, 2013
Seventh Circuit: Cost Bond Improper Tool to Address Prisoner’s Frivolous Filings by On May 30, 2012, the Seventh Circuit Court of Appeals reversed an Illinois federal district court’s order that imposed a cost bond on an indigent prisoner which the court knew he could not afford, holding that such an …
$1,008 in Damages Awarded to Illinois State Prisoner by A federal jury awarded Gregory J. Turley, an Illinois state prisoner, $1,008 in compensatory and punitive damages for the retaliatory actions of two guards. Turley sued guards Julie Marry and Robert Gales, and Warden Roger Cowan for retaliation. In May 200, …
Article • April 15, 2013 • from PLN April, 2013
Defendants Must Challenge Joint and Several Liability for Attorney Fees on Initial Appeal or Issue is Waived by On May 22, 2012, the Ninth Circuit Court of Appeals held that defendants found liable for civil rights violations had failed to challenge in their initial appeal an order that they were …
Delaware Court Decides Financial Dispute Involving Prison Healthcare Company by Derek Gilna A complaint brought in the Court of Chancery of Delaware to appraise the value of a prison healthcare company inadvertently shed light on the big business of providing contracted correctional services. Certain shareholders of Just Care, Inc., a …
Article • April 15, 2013 • from PLN April, 2013
Florida Innocence Commission Makes Recommendations to Prevent Wrongful Convictions by The Florida Innocence Commission's final report, presented to the Florida Supreme Court on June 25, 2012, included a number of recommendations to address issues related to wrongful convictions in the Sunshine State. Due to having one of the highest rates …
Article • April 15, 2013
Filed under: Civil Procedure, Mandamus
Alabama State Supreme Court Denies Mandamus for Payment of Defense Expenses by The Supreme Court of Alabama denied in June 2012 Defendant’s petition for writ of mandamus to compel the circuit court to enforce its orders to the Office of Indigent Services and the Comptroller’s Office to disburse interim payments …
Article • April 15, 2013
Washington State Supreme Court Clarifies Public Records Act Guarantees by In a State Of Washington case involving their Public Records Act (PRA) and its interaction between the statutory duty of the Washington State Patrol (WSP) to compile traffic accident information, and federal statute 23 U.S.C. § 409, which protects from …
Article • April 15, 2013
Fourth District Court of Appeals Reverses PLRA Case on Removal of Jurisdiction by The United States Court of Appeals for the Fourth District remanded in May 2012 to the state court a cause tested against issues of subject matter jurisdiction and improper removal to a higher court. The case was …
Article • April 15, 2013
US Court of Appeals, DC Circuit, Upholds NSA Disclosure Exemption by The United States Court of Appeals for the District of Columbia Circuit affirmed in May 2012 the U.S. District Court’s D.C. District judgment for the National Security Administration (NSA) after the NSA issued a Glomar response stating that under …
Article • April 15, 2013
US Court of Appeals Dismisses Freed Prisoner's §1983 Claim by US Court of Appeals Dismisses Freed Prisoner's §1983 Claim The United States Court of Appeals for the Seventh Circuit affirmed in December 2011 the district court’s dismissal of an Illinois prisoner’s civil rights claim against three police officers and three …
Article • April 15, 2013
Tenth Circuit Vacates Denial of Prisoner's Rule 60(b) Motion by Matthew Clarke by Matt Clarke On November 29, 2011, the Tenth Circuit Court of Appeals vacated a district court's order denying the Rule 60(b) motion of a prisoner who had suffered serious medical complications and not timely received a court …
US District Court Orders Release of Records to Prisoner by In the United States District Court for the District of New Mexico, before U.S. Magistrate Lourdes A. Martinez, federal prisoner Anceso Rodrigo Aceves prevailed in his efforts to obtain certain prison records pertaining to himself. Defendants were officials of the …
Article • April 15, 2013
Filed under: Civil Procedure, Estoppell
U.S. First Circuit Court Upholds Judicial Estoppel in Bankruptcy Case by The United States Court of Appeals for the First Circuit held in April 2012 that the U.S. District Court for the District of New Hampshire did not abuse its discretion in applying judicial estoppel to foreclose appellant’s claims in …
Article • April 15, 2013
Vermont Supreme Court Orders Disclosure of Police Records by The Supreme Court of Vermont reversed in August 2012 the ruling of the Superior Court, Town of Hartford, Vermont, in a civil case in which appellant, journalist Anne Galloway, sought police records arising from a burglary call that resulted in the …
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