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Article • April 15, 2013
Supreme Court of Arkansas Weighs Hospital's Private Doctors Against FOIA by The Supreme Court of Arkansas delivered opinion in April 2012 in a Freedom of Information Act (FOIA) action levied by a law firm against three doctors and ancillary institutions involved in a medical malpractice suit. The firm of Harrill …
Article • April 15, 2013
Nevada Public Records Act Requires State to Provide Log of Basic Information About Withheld Information by In a unanimous opinion, the Nevada Supreme Court has held that, as a general matter, the state's Public Records Act (PRA) requires a state entity withholding requested records to provide the requesting party with …
Article • April 15, 2013
Ohio Supreme Court Affirms Denial of Cincinnati Enquirer's FOI Request by The Cincinnati Enquirer's request for access to certain records of the Cincinnati Police Department pursuant to R.C. 149.43, the Public Records Act, has been denied on right to privacy grounds by the Ohio Supreme Court. Affirming an appellate court …
Article • April 15, 2013
Pennsylvania Supreme Court Upholds Right-to-Know Law on Public Records by On May 29, 2012, Pennsylvania Supreme Court upheld the Right-to-Know Law (RTKL), which generally provides access to public records of a Commonwealth or local agency. Gretchen Wintermantel, a reporter for the Scranton Times Tribune, used the RTKL to have access …
Article • April 15, 2013
Preliminary Injunction Granted for Florida Prisoner's Medical Treatment by On November 19, 2009, U.S. District judge granted Motion for Preliminary Injunction that would not delay the prisoner's treatment recommended by outside specialists and physicians. In early 2008, while in State's custody, Rosemarie M. was diagnosed with uterine fibroid tumor which …
Article • April 15, 2013
Probationary State Employee Legally Terminated by Seventh Circuit of Appeals denied First Amendment retaliatory claim and violation of procedural due process rights. Samone Redd, a probationary employee with the Cook County Department of Correction, witnessed an argument outside of a Chicago residence and rode with Detective Doughty to locate the …
Article • April 15, 2013
Second Circuit Upholds FRCP 4(m) Dismissal for Untimely Service by The Second Circuit Court of Appeals affirmed the dismissal of a New York woman's false arrest suit, for failure to timely serve Defendants. On July 14, 2010, Leslie Meilleur brought federal suit against several New York Police Department officers, alleging …
White v. Lynch, FL, Decision on Class Complaint, Sexual Harassment Female Guards, 2013 UNITED STATES OF AMERICA EQUAL EMPLOYMENT OPPORTUNITY COMMISSION MIAMI DISTRICT OFFICE HEARINGS UNIT DECISION In the Complaint of Taronica White, Et al., v. EEOC Case No. 510-2012-00077X Eric Holder, Attorney General, U.S. Department of Justice, Federal Bureau …
Harris v. O'Hare et al, 2nd Cir, Plf Brief, CT warrantless entry search police dog shooting, 2013 12-4350-CV To Be Argued By: JON L. SCHOENHORN IN THE United States Court of Appeals FOR THE SECOND CIRCUIT GLEN HARRIS, individually, and P.P.A as guardian for K.H., a minor child, Plaintiffs v. …
Brief • April 1, 2013
Filed under: Settlements
Williams v Figueroa, OK, Settlement, Civil Rights, 2013 SETTLEMENT AGREEMENT AND RELEASE 1. This Settlement Agreement and Release is made and entered into this 29th day of April, 2013, by and between Michael Jerome Williams, Plaintiff, and Fred Figueroa, Richard Subia, and all Defendants, by their attorney Darrell L. Moore, …
Mugica v. Spokane County, WA, Complaint, Excessive Force - Arrest Warrant, 2013 FILED INTHE U.S. DISTRICT COURT EASTERN DISTRICT OF WASH GTON MAR 2 8 2013 SEAN F. Mr.AVOY, CLER Richard D. Wall, P.S. 2 Attorney ~t Law 221 W. Main Avenue, Suite 200 3 S_pokane WA 9920 I Tel: …
Filing • March 26, 2013
Filed under: Injunctions
Prison Legal News v. Sheriff Chapman & Walton County, Order Granting in Part Preliminary Injunction 2013 Case 3:12-cv-00125-CAR Document 42 Filed 03/26/13 Page 1 of 25 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION PRISON LEGAL NEWS, a Project of : THE HUMAN RIGHTS …
Blakely v. Kershaw County Sheriff's Office, SC, Order Approving Settlement, Wrongful Death Due to Excessive Force by Police, 2013 Blakely v. Kershaw County Sheriff's Office et al Doc. 138 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Deloris Blakely, As Personal Representative of the …
Article • March 15, 2013
Pre-Suit Notice Not Required by Texas Tort Claims Act by Brandon Sample Serving a lawsuit within six months of an injury or loss satisfies the notice requirement of the Texas Tort Claims Act (TTCA), the Supreme Court of Texas held on October 1, 2010. Glen Colquitt sued Brazoria County under …
Article • March 15, 2013
Trial and Conviction in Washington Jailhouse Courtroom Overturned by Michael Rigby by Mike Rigby On May 27, 2010, the Washington State Supreme Court, sitting en banc, held that a trial and subsequent conviction that took place in a jailhouse courtroom violated the defendant's right to due process by eroding the …
Article • March 15, 2013 • from PLN March, 2013
Alaska Supreme Court Revives Prisoner’s “Shy Bladder” Suit by On August 31, 2012, the Alaska Supreme Court reversed a lower court’s dismissal of a prisoner’s paruresis (i.e., “shy bladder”) and visiting rule claims. Alaska state prisoner Loren J. Larson, Jr. suffers from paruresis, a condition that makes it physically impossible …
Second Circuit Reverses Summary Judgment for Non-Treatment of Prisoner’s HCV by On March 9, 2012, the Second Circuit Court of Appeals reversed the dismissal of a New York prisoner’s claims related to denial of hepatitis C (HCV) treatment. The Second Circuit also determined that the district court had misinterpreted a …
DC Court Disbars Former Federal Prosecutor for Misconduct by Derek Gilna On March 8, 2012, for the first time in over ten years, a former federal prosecutor was disbarred for “egregious” misconduct during the prosecution of several high-profile murder cases in the 1990s. According to a 2010 investigation by USA …
Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld by Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld On March 19, 2012, the Eighth Circuit Court of Appeals held that 42 U.S.C. § 1997e(e) bars compensatory damages …
Equitable Tolling of AEDPA Includes Non-English Speaking Petitioners by The Third Circuit Court of Appeals has held that a language inability, when combined with denial of legal or translation assistance, can be an extraordinary circumstance for equitable tolling purposes in habeas cases. The issue was before the Third Circuit following …
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