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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 …
Adams v. CCA, CO, Mot Vacate Trial Date Pending Settlement, prison riot, 2013 District Court, Crowley County, State of Colorado 110 East 6th Street, Room 303 Ordway, CO 81063 719-267-4468 Plaintiffs: VANCE A. ADAMS et al. Defendant: CORRECTIONS CORPORATION OF AMERICA Counterclaimant: CORRECTIONS CORPORATION OF AMERICA Counterclaim Defendants: RICHARD ALLISON, …
Adams v. CCA, CO, Plf Brief Jury Instructions, prison riot, 2013 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: VANCE A. ADAMS et. al. Defendants: …
Adams v. CCA, CO, Plf Res Def MoL Excl Doc After Action, prison riot, 2013 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: VANCE A. …
Idaho DOC Settles 30-year-old Class-action Lawsuit by Idaho officials first tried to suppress what they called an “inflammatory” and “libelous” report filed by a court-appointed expert in a longstanding suit involving the state’s prison system. They then finally agreed to settle the 30-year-old litigation based upon the report’s findings. In …
Article • February 15, 2013 • from PLN February, 2013
TASER Liability Verdict Upheld, but Remittitur Granted by A North Carolina U.S. District Court has held, in ruling on a post-trial motion, that a jury’s liability verdict against TASER International related to the death of a juvenile shocked by one of the company’s TASER devices was reasonable, but granted remittitur …
Illinois: Current Insurer Must Pay Wrongful Conviction Award after Exoneration by The Seventh Circuit Court of Appeals has affirmed a federal district court’s determination “that, under Illinois law, the issuer of the policy in force on the date a convict is exonerated must defend and indemnify an insured whose law-enforcement …
Idaho Supreme Court Affirms Firing of PHS Medical Director by The Idaho Supreme Court has upheld a lower court’s dismissal of a prison doctor’s challenge to his job termination, stemming from his abusive treatment of a prisoner. Dr. John F. Noak was the medical director for Prison Health Services (PHS), …
Former California Prison Guard Resentenced Following Assault Conviction by The Ninth Circuit Court of Appeals has vacated a 51-month sentence imposed on a former California prison guard convicted of assaulting two prisoners, on the ground that during sentencing the district court had relied on unreliable allegations made by a jailhouse …
Texas Supreme Court Rules Compensation Required in Schlup-type Innocence Cases by Matthew Clarke by Matt Clarke On May 18, 2012, the Supreme Court of Texas held that a former prisoner whose murder conviction was reversed due to ineffective assistance of counsel after he proved that he was likely actually innocent …
Supreme Court: No Bivens Actions for Federal Prisoners in Private Prison by Matthew Clarke by Matt Clarke In an 8-1 decision, the U.S. Supreme Court has held that federal prisoners housed in privately-managed prisons may not file Bivens-style federal lawsuits against private prison employees alleging lack of medical care in …
Brief • February 11, 2013
Madrid v. City of Albuquerque, NM, Settlement, Officer Ran a Red Light, 2013 ...... STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT MARTIN A. MADRID and JENNIFER MADRID, Individually and as parents and next friends of ARIANNA MADRID and ISAAC MADRID, minors, Plaintiff, v. Cause No.: D-202-CV-2012-04073 CITY …
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