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Article • May 15, 2013
New Mexico Allows Sibling Loss-of-Consortium Claims by The New Mexico Supreme Court held that loss-of-consortium claims may extend to sibling relationships upon a sufficient showing of mutual dependence. Twenty-two year old Jason Wachocki was killed when he was hit by a speeding van, driven by Metropolitan Detention Center guard Willie …
Article • May 15, 2013
Connecticut Process Server Entitled to Copy Fee by The Connecticut Supreme Court has held that a process server is entitled to receive a fee for copies even where the server did not make the copies. The ruling came in a writ of error proceeding brought by State Marshal Lisa H. …
Article • May 15, 2013
New York: USDC Grants Opposition to Quash Depositions in Murder/Rape by A magistrate judge at the United States District Court for the Eastern District of New York granted in November 2011 the Plaintiff’s motion opposing Defense's motion to quash deposition notices and notice of subpoena in a civil case resultant …
Article • May 15, 2013
Washington State Court of Appeals Upholds Denial of Prisoner's Public Record Claim by Washington State prisoner Shawn D. Greenhalgh, pro se, appealed a summary judgment by the trial court. Greenhalgh alleged that the Washington State Office of the Attorney General (AGO) improperly denied his Public Record Act (PRA) request because …
Washington State District Court Oversees §1988 Settlement against Spokane Police by Washington State District Court Oversees §1988 Settlement against Spokane Police The City of Spokane, Washington, settled a civil rights claim in May 2012 for two million dollars in the U.S. District Court, Eastern District of Washington, with the estate …
Article • May 15, 2013
Wisconsin Appeals Court Orders Appointment of Examiner in Commitment Case by Derek Gilna Prisoner Dennis Thiel had appealed the denial of his petition for supervised release under Wisconsin Statute Chapter 980 (2003-04) (the Act), wherein the court had previously ordered that an examiner be appointed to take another look at …
Washington: Failure-to-Protect Suit against King County Allowed to Proceed by The Washington Court of Appeals has reversed a superior court ruling dismissing on res judicata grounds a "Complaint for Damages" filed by a prisoner against King County, alleging that he was raped by other prisoners in the tenth floor shower …
Article • May 15, 2013
Associated Press Loses Bid to Unseal Settlement in Suit Against CCA by On December 14, 2011, an Idaho federal court ruled that it would not unseal the sealed settlement agreement between Corrections Corporation of America (CCA) and a prisoner who was allegedly assaulted in a private prison operated by CCA. …
Article • May 15, 2013
Sixth Circuit Reverses Dismissal of Jail Medical Indifference Suit by Matthew Clarke by Matt Clarke On November 4, 2010, the Sixth Circuit Court of Appeals partially reversed the summary judgment granted to Michigan jail and medical personnel based on fatal deliberate indifference to a prisoner's serious medical needs. Deceased former …
CCA Warden's Title VII Claims Dismissed by When a Corrections Corporation of America (CCA) facility warden failed to establish a discriminatory practice, the 5th Circuit Court of Appeals affirmed the summary judgment dismissing the Title VII claims. After being promoted to warden at a new CCA facility: Red Rock Correctional …
Article • May 15, 2013
Maine Supreme Judicial Court Affirms Sheriff’s Entitlement to Discretionary Function Immunity by In December 2011, the Maine Supreme Judicial Court affirmed the Superior Court’s grant of summary judgment in favor of Washington County Sheriff Donald Smith on the ground that Smith was entitled to discretionary function immunity pursuant to the …
Ohio Appellant Wins Mandamus Order Disclosing Attorney Fees Statements by Derek Gilna Appellant Jean A. Anderson won an appeal of a judgment denying her copies of certain itemized billing statements for attorneys service rendered to Vermillion, Ohio, overturning a lower-court decision that had sided with the city’s argument that the …
Article • May 15, 2013
Pennsylvania: Public Records Requests Under Right-to-Know Law Should Not be Derailed by Technicalities by In June 2012, a divided Commonwealth Court of Pennsylvania affirmed a decision of the Office of Open Records that a request for public records is governed by the Commonwealth’s Right-to-Know Law (RTKL), 65 P.S. §§67.101-67.3104, even …
Article • May 15, 2013
North Carolina Court Dismisses Petition for Judicial Review and Upholds Execution Protocol by North Carolina Department of Corrections' death row prisoners petitioned the Superior Court of North Carolina for judicial review of the Council of State's approval of an execution protocol order under G.S. 15-188 that would be carried out …
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 …
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