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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 …
Brief • April 26, 2012
Madrid v. City of Albuquerque, NM, Complaint, Officer Ran a Red Light, 2012 •, r FILED IN MY OFFICE DISTRICT COURT CLERi< 4/26/2012 3:52:11 p~ STATE OF NEW MEXICO COUNTY OF BERNALIUO SECOND JUDICIAL DISTRICT COURT GREGORY T. IRELANC Christina Villa MARTIN A. MADRID and JENNIFER MADRID, Individually and as …
Brief • April 20, 2012
Rich v. Taser International, Inc., NV, Plf. Memo re Minor's Adoption Precluding Action by Natural Parent, Taser Wrongful Death, 2012 1 John Snow, Nevada State Bar No. 4133 VANCOTT, BAGLEY, CORNWALL & McCARTHY 2 2300 W. Sahara Avenue, Suite 800 Las Vegas, NV 89102 3 E-mail: jsnow@vancott.com Telephone: (801) 532-3333 …
Article • April 15, 2012 • from PLN April, 2012
California: State Settles Prisoner’s Lawsuit for $10,000, then Delays Payment by In June 2010, Cion Adonis Peralta signed a Full Release of All Claims in a federal lawsuit he filed in 2005, alleging that officials at CSP-Lancaster had violated his rights under the Eighth and Fourteenth Amendments. In exchange for …
Withdrawal of Approval of New Mexico Jail Class Action Settlement Not Appealable Order by The Tenth Circuit Court of Appeals has held that an order withdrawing approval of a class action settlement does not qualify as a “final order” subject to appeal under 28 U.S.C. § 1291. The appellate ruling …
Article • April 15, 2012 • from PLN April, 2012
Eighth Circuit Revisits Muslim Prisoner’s Settlement with Nebraska DOC; $74,000 in Attorney Fees Awarded by Derek Gilna In a detailed ruling, the U.S. Court of Appeals for the Eighth Circuit rejected an attempt by a Muslim prisoner to obtain additional attorney fees for alleged violations of an agreed injunctive order, …
Article • April 15, 2012 • from PLN April, 2012
Challenge to BOP’s Ban on Sexually Explicit Publications Dismissed by Brandon Sample The U.S. Court of Appeals for the Tenth Circuit dismissed an appeal challenging the Bureau of Prisons’ (BOP) implementation of the Ensign Amendment, a law that prohibits the expenditure of federal funds “to distribute or make available to …
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