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Article • November 15, 2012 • from PLN November, 2012
Prisoner’s Coma-Inducing Latex Allergy Triggers Lawsuit, Burning Questions by Alan Prendergast A prisoner’s lawsuit against the Colorado Department of Corrections, claiming a latex allergy so severe that he’s suffered burns and respiratory problems when touched by glove-wearing guards, appeared to have been resolved in August 2012 when DOC officials testified …
Filing • November 1, 2012
Filed under: Complaints
Prison Legal News v. Sheriff Betterton & Upshur County, TX, Complaint 2012 Case 2:12-cv-00699-JRG Document 1 Filed 11/01/12 Page 1 of 8 PageID #: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PRISON LEGAL NEWS, PLAINTIFF v. ANTHONY BETTERTON, individually and in his official capacity as Sheriff …
Brief • November 1, 2012
Tafoya v. City of Albuquerque, NM, Complaint, Reckless Driving, 2012 FILED IN MY OFFICE DISTRICT COURT CLERK 11/1/2012 12:45:27 PM GREGORY T. IRELAND SECOND JUDICIAL DISTRICT COURT COUNTY OF BERNALILLO STATE OF NEW MEXICO Catherine Chavez LARRY TAFOYA, VANESSA TAFOYA, ELENA TAFOYA, DENISE TAFOYA, and MARIA TAFOYA, Plaintiffs, CV: D-202-CV-2012-10141 …
Article • October 15, 2012
Bad behavior in state workplace costs taxpayers nearly $2m in settlements by Naomi Schalit By: John Christie, Matt Drange and Naomi Schalit | December 19, 2012 One corrections officer spread a false rumor that the new female officer at the state prison in South Windham was a stripper. Another one …
Article • October 15, 2012 • from PLN October, 2012
Washington State Post-Judgment Interest Award Required when Judgment Increased by Appellate Court in Records Case by The Division One Court of Appeals for the State of Washington held on August 15, 2011 that where an appellate court “merely modifies the trial court award and the only action necessary in the …
Texas Compensates Exonerees Unequally by Matthew Clarke by Matt Clarke A succession of laws, cumulating in the most generous compensation package for wrongly convicted prisoners in the nation, has left Texas exonerees stuck at different levels of compensation depending on when they were proven innocent. Consequently, some earlier exonerees now …
Filing • September 21, 2012
Filed under: Complaints
Prison Legal News v. Sheriff Chapman & Walton County, Complaint 2012 Case 3:12-cv-00125-CAR Document 1 Filed 09/21/12 Page 1 of 23 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION ) PRISON LEGAL NEWS, a project of ) the HUMAN RIGHTS DEFENSE ) CENTER, a Not for …
Article • September 15, 2012 • from PLN September, 2012
Proving Damages to the Jury, 1st Ed., by Jim Wren by John Dannenberg James Publishing, 2011). 800 pages (with CD), $70.00 Book review by John E. Dannenberg Proving Damages to the Jury is a detailed “how-to” manual that takes the reader through the psychology, reasoning, preparation and execution of a …
Brief • August 24, 2012
Fahy v. TASER International, MO, Deposition, Use of Tasers, 2012 Deposition of Dr. Mark Kroll - 8/24/2012 Colin Fahy v. Taser International, Inc., et al. Page 1 1 IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS 2 STATE OF MISSOURI 3 CAUSE NO. 0922-CC10076-01 4 -------------------------------- 5 COLIN …
Article • August 15, 2012 • from PLN August, 2012
CA Court of Appeal: Documents Identifying Suppliers of Execution Drug are Public Records by On December 20, 2011, a California Court of Appeal held that the California Department of Corrections and Rehabilitation (CDCR) may not withhold the names of pharmaceutical companies and other sources from which it sought to acquire …
U.S. Supreme Court Holds AG Rules Required Before SORNA Sex Offender Law is Applied Retroactively by Derek Gilna On January 23, 2012 the U.S. Supreme Court, in a 7-2 decision written by Justice Stephen Breyer, reversed the Third Circuit Court of Appeals, which had held that the federal Sex Offender …
Article • August 15, 2012 • from PLN August, 2012
Kentucky Supreme Court Adopts Mailbox Rule Retrospectively by The Supreme Court of Kentucky, in a modified ruling, adopted the “mailbox rule,” allowing notices of appeal in criminal cases to be considered filed when they are placed in the prison’s internal mail system. Joe B. Jones and Michael Allen Hallum, Kentucky …
Article • August 15, 2012 • from PLN August, 2012
State Awarded Statutory Attorney Fees, Costs for Dismissed Washington PRPs by Mark Wilson The Washington State Court of Appeals has held that the state is entitled to statutory attorney fees following the dismissal of a personal restraint petition (PRP). After pleading guilty to witness tampering and burglary, Gregory Scott Bailey …
Article • August 15, 2012 • from PLN August, 2012
Fourth Circuit: Where Offer of Judgment is Silent as to Costs, Prevailing Party Entitled to Recover Attorney’s Fees by The Fourth Circuit Court of Appeals has held that “in an action brought under 42 U.S.C. § 1983, an offer of judgment pursuant to Fed.R.Civ.P. 68(a) which makes no mention of …
Article • August 15, 2012 • from PLN August, 2012
New Jersey Appellate Court Holds Attorneys for Female Prisoners Temporarily Transferred to All-Male Facility May be Entitled to Fees by The Appellate Division of the Superior Court of New Jersey has held that the attorneys who represented a class of female prisoners temporarily transferred to the all-male New Jersey State …
Article • July 15, 2012
Filed under: Civil Procedure, Service
Second Circuit Affirms Dismissal of Bivens Action Based upon Improper Service of Process by By Derek Gilna In a case decided in the United States Court of Appeals for the Second Circuit on August 30, 2010, the court affirmed the district court decision dismissing a Bivens action on the grounds …
Article • July 15, 2012
Washington SVP Commitment Reversed for Improper Impeachment Evidence by The Washington State Court of Appeals reversed a lower court's civil commitment order under the State's Sexually Violent Predator Act (SVP). The Court held that the lower court erred in allowing an expert witness to be impeached by findings of fact …
Article • July 15, 2012 • from PLN July, 2012
Washington State Court Holds Requester Has the Right to Joinder in Suit Seeking to Bar Disclosure of Public Records by Washington State Court Holds Requester Has the Right to Joinder in Suit Seeking to Bar Disclosure of Public Records The Division Three Court of Appeals for the State of Washington …
Article • July 15, 2012
Ninth Circuit Acknowledges Prisoner’s Right to Extended Voir Dire in Suit Alleging Abuse by Idaho Jail Officials by The Ninth Circuit Court of Appeals held that a lower court abused its discretion in refusing a prisoner's voir dire inquiry into potential juror bias for law enforcement. Floyd Darbin was a …
Article • July 15, 2012
Filed under: Civil Procedure, Damages
Ninth Circuit Rejects AOL Class Action Settlement Based on Objections by Class Member by In November 2011, the Ninth Circuit rejected a nationwide class action settlement freely negotiated between the parties to the suit, on the basis of objections to the settlement raised by one of the class members. In …
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