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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 …
Article • March 15, 2013
7th Circuit Limits Use of FOIA Requests in Case Against Federal EPA by Derek Gilna The Freedom of Information Act, or FOIA, is a valuable tool in piercing the veil of secrecy that often surrounds government investigations and decision making. After Appleton Paper Inc, or API, and other companies were …
Article • March 15, 2013
New Hampshire Supreme Court Reverses Guard’s $2 Million Verdict by The New Hampshire Supreme Court overturned a $2 million award to two prison guards who were fired based on false reports, holding the award exceeds the state law cap. The facts giving rise to the lawsuit came from the April …
Article • March 15, 2013
Filed under: Court Access, Filing Fees
Legislature’s Taking of Civil Filing Fee Portion not Unconstitutional Tax by The Florida Supreme Court ruled that legislation that requires portions of civil action filing fees deposited into the state’s general revenue fund does not constitute an unconstitutional tax on litigants. It also found the statutes at issue do not …
Article • March 15, 2013
Eighth Circuit Affirms Post-Verdict Nominal Damages Request by The Eighth Circuit Court of Appeals affirmed a lower court's denial of a post-verdict request to instruct the jury to award nominal damages and a motion to alter or amend the judgment to include nominal damages. Clayton Miller was seen visibly intoxicated, …
Article • March 15, 2013
Ordinary Discovery Rules Apply to Washington PRA Actions; FOIA Reasonableness Standard Governs PRA Searches by The en banc Washington State Supreme Court held that discovery in cases under the Public Records Act (PRA) is the same as in any other civil action. The Neighborhood Alliance of Spokane County (the Alliance), …
Tenth Circuit Faults Kansas Prisoners' Representation; Upholds Dismissal of Compulsory Savings Account Challenge by Thanks largely to profoundly incompetent representation, the Tenth Circuit Court of Appeals affirmed the dismissal of a constitutional challenge to compulsory Kansas prison savings account policies. The Kansas Department of Corrections (KDOC) adopted policies requiring that …
Dismissal for Inability to Pay Monetary Sanctions Reversed by The Seventh Circuit Court of Appeals reversed the dismissal for failure to pay a $9,055.14 attorney fee sanction against an indigent Plaintiff. Bruce A. Williams brought federal suit against four Illinois police officers for false arrest and excessive force. He alleged …
Fifth Circuit Disallows Louisiana Deputy's Interlocutory Appeal by Matthew Clarke by Matt Clarke In an opinion filed on November 18, 2011, the Fifth Circuit Court of Appeals held that it had no jurisdiction over a Louisiana deputy's appeal from the denial of his motion for summary judgment based on qualified …
Article • March 15, 2013
Filed under: Appeals, Mail, Legal Mail
Oregon Service by Mail Adds 3 Days by The Oregon Court of Appeals vacated a lower court's dismissal of a prisoner's appeal as untimely. The court held that a state rule of civil procedure added three days to the applicable time limit. Oregon prisoner William Harvey sued Elizabeth Christie in …
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