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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 …
Article • May 15, 2013
Massachusetts Supreme Court Affirms Lower Court Order to Suppress Drug Evidence by In an interlocutory appeal filed by the Commonwealth of Massachusetts, the Supreme Judicial Court of Massachusetts affirmed in May 2012 the order of the Superior Court of Suffolk County suppressing evidence obtained in an unreasonably conducted strip search …
Article • May 15, 2013
New York $1.25 Million False Arrest Verdict Upheld by The New York Supreme Court upheld a jury's verdict that police subjected an innocent man to false arrest and malicious prosecution. The court found, however, that the $1,750,000 malicious prosecution damages verdict was excessive and reduced that award to $1,000,000. On …
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
Ohio Court Stays Prisoner Suit Pending Supreme Court Action by Derek Gilna Ohio state prisoners filed a Section 1983 civil rights class-action case in federal court against the state parole board, alleging reverse discrimination in the granting of parole. The Parole Board moved for and was granted a stay since …
Article • May 15, 2013
Oregon Guards Challenge Schedule Changes Without Collective Bargaining by The Oregon Supreme Court reversed a lower court's holding that the Department of Corrections (DOC) did not commit an unfair labor practice in failing to bargain with its employees' union, the Association of Oregon Corrections Employees (AOCE). AOCE and DOC were …
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
Filed under: Searches, Strip Searches
Public Strip Search Nets Oregon Prisoner $9,601 by An Oregon prisoner was awarded damages of $3,000, attorney's fees totaling $5,640 and $961 in costs, for a public strip search. Cody L. Martin was a minimum security prisoner of the Oregon Department of Corrections (ODOC). On April 14, 2008, Martin was …
Article • May 15, 2013
Sex Offender Conditions Permitted on Washington Non-Sex Offenses by The Washington State Court of Appeals held that sex offender conditions may be imposed even when not on supervision for a sex offense. In 2002, George Golden was convicted of a sex offense, served his time and was released. Then in …
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 …
Article • May 15, 2013
Supreme Court Rules on Terrorist Issue by The U.S. Supreme Court reversed and remanded in May 2011, a Ninth Circuit Court of Appeals affirmation of an Idaho district court’s holding that U.S. Attorney General John D. Ashcroft was ineligible for both qualified and absolute immunity in a Fourth Amendment issue …
Article • May 15, 2013
Texas Pays $230,000 to Settle Lawsuit under the Texas Whistleblower Act by In September 2008, the Texas Department of Criminal Justice (TDCJ) settled a suit under the Texas Whistleblower Act filed by former employees William Douglas Bloodworth II and John O'Neill Green. In exchange for the lawsuit dismissal, the TDCJ …
Brief • May 15, 2013
Shepler v. State of AZ, AZ, Notice of Settlement, Failure to Protect, 2013 Ó·½¸¿»´ Õ Ö»¿²»-ô Ý´»®µ ±º ݱ«®¬ ööö Û´»½¬®±²·½¿´´§ Ú·´»¼ ööö Ì·²¿ Ø¿§ëñïëñîðïí ïïæðîæðð ßÓ Ú·´·²¹ ×Ü ëîëïçêì JOHNSON LAW GROUP, PLC 2 3 W. Raymond Johnson III (019838) 4445 E. Holmes Ave., Suite. 107 Mesa, Arizona 85206 …
Brief • May 15, 2013
Mitchell v Cate, CA, Declaration in Support of Plt Mot, race-based lockdown, 2013 Case 2:08-cv-01196-TLN-EFB Document 189 Filed 05/15/13 Page 1 of 70 1 2 3 4 5 6 7 PRISON LAW OFFICE DONALD SPECTER (SBN 83925) WARREN E. GEORGE (SBN 53588) REBEKAH EVENSON (SBN 207825) 1917 Fifth Street Berkeley, …
Brief • May 14, 2013
Corbett v. Branker, NC, Ptf's Motion for Preliminary Injunciton, Pattern of Malicious Assaults by Guards, 2013 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:10-CT-3135-BO STANLEY EARL CORBETT, CHARDAN WHITEHEAD, TIJUAN WILSON, SAMUEL MCCRAE, BILLY RIDDLE, JOHN DAVIS, HASEEM EVERETT, JEROME PETERS, Plaintiffs, v. G.J. BRANKER, …
Brief • May 14, 2013
United States v. Guam, Guam, Correction to Monitor's Report, 2013 1 J. BRADLEY KLEMM BLAIR STERLING JOHNSON & MARTINEZ A 2 PROFESSIONAL CORPORATION SUITE I 008 DNA BUILDING 238 ARCHBISHOP F.C. FLORES STREET HAGATNA, GUAM 96910-5205 TELEPHONE: C671 > 477-7857 3 4 5 6 7 IN THE DISTRICT COURT OF …
Brief • May 14, 2013
Filed under: Corrections Audits
USA v. Guam et al, Guam, Correction to Monitor's Status Report, DOC generator projects, 2013 Case 1:91-cv-00020 Document 239 Filed 05/14/13 Page 1 of 3 Case 1:91-cv-00020 Document 239 Filed 05/14/13 Page 2 of 3 Case 1:91-cv-00020 Document 239 Filed 05/14/13 Page 3 of 3
Brief • May 14, 2013
Schuler v. Otterblad, MN, Complaint, Failure to Treat Mental Illness, 2013 CASE 0:13-cv-01151-SRN-AJB Document 1 Filed 05/14/13 Page 1 of 15 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Case No. - - - - - - - - Michael J. Schuler, Plaintiff, vs. COMPLAINT Shari Otterblad, Sean Kennedy, Monica Arons …
Brief • May 13, 2013
Christie v. Scott, FL, Settlement, Jail Pepper Spray Death, 2013
Brief • May 10, 2013
Filed under: Booking Fees
Markadonatos v. Village Woolridge, IL, Pltf. Reply Brief, Jail Booking Fees, 2013 Case: 12-2619 Document: 37 Filed: 05/10/2013 Pages: 32 No. 12-2619 _____________________________________________________________________________ IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT _____________________________________________________________________________ JERRY G. MARKADONATOS, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. VILLAGE …
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