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Article • April 15, 2013
US 7th Circuit Affirms Judgment for Defense in "Tawdry Tale" by US 7th Circuit Affirms Judgment for Defense in "Tawdry Tale" The United States Court of Appeals for the Seventh Circuit affirmed in April 2012 the decision of the U.S. District Court for the Central District of Illinois, granting summary …
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
US Court of Appeals Finds for Defendant District Attorney in Autopsy Photo Leak by The United States Court of Appeals for the Ninth Circuit affirmed in May 2012 the decision of the USDC SD California, dismissing the §1983 claim against and granting qualified immunity to a retired deputy district attorney …
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 …
Article • April 15, 2013
US Court of Appeals Finds for Judge in Gordian Knot of Interests by The United States Court of Appeals for the Sixth Circuit reversed in August 2012 the district court’s judgment that Judge James DeWeese, presiding in a state action against Edwin Griffeth, a supervised prison releasee, overstepped his authority …
Article • April 15, 2013
US Court of Appeals Remands FOIA Suit for Dismissal by The United States Court of Appeals for the Seventh Circuit remanded in May 2012 a state Freedom of Information Act suit that pitted the Chicago Tribune against the University of Illinois for action by the state court. The court directed …
US Court of Appeals Reverses Federal Employee Assault Claim Against Coworker by The United States Court of Appeals for the Fourth Circuit reversed in March 2012 the sovereign immunity finding of the U.S. District Court, Eastern District of Virginia, and remanded for further proceedings the cause of contract security officer …
Article • April 15, 2013
US Court of Appeals Upholds CIA Glomar Response by The United States Court of Appeals for the District of Columbia Circuit affirmed in December 2011 the grant of summary judgment by the U.S. District Court for the District of Columbia in favor of the Central Intelligence Agency in a Glomar …
U.S. Court of Appeals Upholds Immunity for Police after Arrest by The United States Court of Appeals for the Eighth Circuit affirmed in July 2012 the District Court’s Western District of Arkansas ruling that the several named sheriff’s deputies, et al., were entitled to qualified immunity after the active arrest …
US District Court Denies Fla. DOC Wrongful Death Defense by The United States District Court for the Middle District in Ocala denied in September 2012 the Florida Department of Corrections’ dispositive motion in the First Amendment claims of Lynn Wolfe, Plaintiff and mother of deceased DOC prisoner, Daniel Wolfe. Plaintiff …
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
Filed under: Crime/Demographics, Escapes
US Tenth Circuit Court Defines Escape as Violent Felony by The United State Court of Appeals for the Tenth Circuit heard in November 2011 the case of appellant George John Koufos, convicted per plea agreement and sentenced in August 2010 on charges of bank fraud and possession of a firearm …
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 …
Article • April 15, 2013
Virginia's FOIA Ruled to Not Violate Some Constitutional Guarantees by Derek Gilna In a case brought under 42 U.S.C. 1983, the U.S. Court of Appeals for the Fourth Circuit has ruled that the Virginia Freedom of Information Act (VFOIA), Section 2.2-3700 et seq. (2011), "does not violate the Appellants' rights …
Article • April 15, 2013
Volunteering Information to an Inmate Informant Does Not Require Miranda Warning by Tavares Hunt, a prisoner in the Cook County Jail (Illinois), became a suspect in the murder of Shakir Beckley. Mycal Davis, another prisoner, volunteered to become an informant and elicit incriminating information concerning the homicide. Wearing a wire, …
Article • April 15, 2013
Washington Photo Confiscation/Destruction Not Negligent by The Washington State Court of Appeals upheld a lower court's dismissal of a prisoner's negligence claim for the confiscation and destruction of family photographs. Kurt Engle was convicted of raping and molesting his minor daughter and son. The trial court ordered that Engle was …
Eighth Circuit Vacates Special Condition of Supervised Release on Possessing Materials Depicting Nudity by Brandon Sample A special condition of supervised release prohibiting the possession of "any material, legal or illegal, that contains nudity or that depicts or alludes to sexual activity or depicts sexually arousing material" sweeps too broadly …
Article • April 15, 2013
Ninth Circuit: Improper Screening of Prisoner's Grievances May Excuse Failure to Exhaust Under PLRA by In a ruling with potentially significant consequences, the Ninth Circuit held on September 27, 2010 that a prison official's improper screening out of a prisoner's grievances may excuse the prisoner's failure to exhaust administrative remedies, …
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