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Article • May 15, 2012
Requiring Oregon Prisoners to File Appeals Pro Se Abused Discretion by The Oregon Court of Appeals held that a lower court erred when it refused to appoint substitute counsel and required two prisoners to proceed pro se in state post-conviction relief (PCR) actions. Under Oregon's Post-Conviction Hearings Act, ORS 138.510 …
Fourth Circuit Reverses Injunction Relating to Publication of Social Security Number on Virginia Land-Transfer Records by Derek Gilna By Derek Gilna The appeal arose from a First Amendment challenge to Virginia's Personal Information Privacy Act, Va. Code Sec. 59.1-442 to 444, part of which prohibits “[i]ntentionally communicat[ing] another individual's social …
Philadelphia Woman Detained 54 Days as Material Witness Settles for $275,000 by The Philadelphia District Attorney's Office paid a witness $255,000 to settle her claims that she was illegally detained for 54 days. Nicole Schneyder was a critical witness against Michael Overby in a 1990 rape and murder. Overby's first …
Article • May 15, 2012
New York Attorney Malpractice Nets $250,000 Default Judgment by A New York federal court awarded a $250,000 default judgment against a lawyer who caused the dismissal of a client's case. Charles Robinson retained lawyer Campbell Holder to represent him in a New York state action against his former employer, Metro-North …
Houston, Texas Must Disclose Fatal Police Shooting Records by A Texas federal court granted Plaintiffs' motion to compel discovery filed by the estate of a man who was fatally shot by police. It also denied Defendants' motion for a protective order. Roland Carnaby was shot and killed by two members …
California: District Court Awards Attorneys' Fees in Excess of $700,000 Despite Jury Award of Only Nominal Damages to Plaintiff in § 1983 Wrongful Death Suit by California: District Court Awards Attorneys' Fees in Excess of $700,000 Despite Jury Award of Only Nominal Damages to Plaintiff in § 1983 Wrongful Death …
Article • May 15, 2012
California: Federal Judgment in Favor of Police Bars Subsequent State-Court Wrongful Death Action by In May 2009, the California Supreme Court held that a federal-court judgment in favor of the defendants on a civil rights claim brought under 42 U.S.C. § 1983, in which the plaintiffs sought damages for police …
Article • May 15, 2012
California Immigrant Shackling Case Certified as Class Action by A California federal court granted class certification in a case challenging a blanket policy and practice of shackling civil immigration detainees who appear in immigration court. Immigration and Customs Enforcement (ICE) and the Executive Office for Immigration Review (EOIR) "have implemented …
Article • May 15, 2012
Correspondence between NY State Prisoners and Disability Advocates Inc. Held to be Privileged and Non-Discoverable by In December 2004, the U.S. District Court for the Southern District of New York granted a protective order filed by Disability Advocates, Inc. (DAI), the plaintiff in a civil action against the New York …
Denial of Attorney’s Fees and Costs Reversed in New Hampshire Public Records Suit by The New Hampshire Supreme Court vacated a trial court's denial of costs under the State's "Right-to-Know Law," RSA chapters 91A and 215.A (2001 & Supp 2006). ATV Watch (ATV), a non-profit organization, monitors the use and …
Seventh Circuit Dismisses Wisconsin Deputy Sheriff’s Retaliation Claim by The Seventh Circuit Court of Appeals dismissed a Wisconsin deputy sheriff's retaliation and state law claims against his boss. On May 17, 2007, Milwaukee County Deputy Sheriff David Hutchins called into a popular talk radio show and made critical comments about …
Article • May 15, 2012
Sixth Circuit Holds Lethal Injection Protocol Challenge Time Barred by The Sixth Circuit Court of Appeals affirmed a lower court's holding that a condemned Ohio prisoner's lethal injection procedure challenge was time-barred. In 1986, Richard Cooey, II was convicted of aggravated murder and sentenced to death in Ohio. His appeal …
Summary Judgment Motion Filed With Amended Complaint Premature by A California federal court denied sheriff's deputies summary judgment in their action alleging discriminatory employment practices. The court agreed with Defendants that the motion was premature. In October 2006, the San Francisco Sheriff's Department (SFSD) instituted a policy requiring that only …
Article • May 15, 2012
Tennessee Appeals Court Denies Prisoner's "Coram Nobis" Petition by Tennessee Appeals Court Denies Prisoner's "Coram Nobis" Petition Prisoner George Campbell Jr.'s appeal of the order of the trial court denying his petition for "coram nobis" relief has been dismissed by the Court of Criminal Appeals of Tennessee at Jackson. Campbell …
Article • May 15, 2012
Tennessee Court Grants Prisoner’s Investigative Record Request by The Chancery Court of Shelby County, Tennessee, for the Thirtieth Judicial District at Memphis, has granted a Tennessee prisoner, George Campbell, his request for the complete investigative record of his case covering the death of Kevin M. McConico from the Sheriff of …
Third Circuit Troubled by Courtroom Shackling of Prisoners by The Third Circuit Court of Appeals expressed concern about shackling prisoners during a civil jury trial. However, the court concluded that any error was harmless, given a cautionary jury instruction. Anthony Sides was a prisoner at Pennsylvania's SCI Greene Correctional Facility, …
Article • May 15, 2012
Third Circuit Vacates Dismissal of Pennsylvania Prisoner’s Retaliation Claim by The Third Circuit Court of Appeals reversed summary judgment for prison officials on a Pennsylvania prisoner's retaliation claim. Patrick Toussaint is a prisoner of the State Correctional Institution at Cresson, Pennsylvania. In 2005, he brought federal suit alleging retaliation, denial …
Article • May 15, 2012
Washington Public Records Act Dismissal Reversed by The Washington state Court of Appeals reversed a trial court's dismissal of a claimed Public Records Act (PRA) violation. The court also held that Plaintiff was entitled to costs and penalties for the County's failure to timely produce the requested records. Relying on …
Washington Supreme Court Reverses Judge's Indigency Status Denial by The En Banc Washington state Supreme Court reversed a lower court's denial of a judge's motion for indigency status. Soon after he was elected to the Pierce County Superior Court Bench, Judge Michael A. Hecht was convicted of felony harassment and …
Porter v. Thurman, WA, Complaint, Excessive Force - Beating, Tasers, 2012 1 2 3 ROBERTS. MAGNUSON, WSBA #19706 505 W. RIVERSIDE, STE. 508 Spokane, WA 99201 (509) 252-so36 Attorney for Plaintiff ~~ V. ~e.c~~i\lE.0 t.lr.." lilt\\ 4 ti t\\\t :':~LA:.::c~~.m, ~~ . . .GTON UNITED STATES DIS~~c°~URT FOR THE EASTERN …
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