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Article • November 15, 2011
Arizona Court of Appeals Authorizes Attorney Fees in Bilke Minimum Wage Class-Action Suit by Matthew Clarke By Matt Clarke On January 29, 2009, the Arizona Court of Appeals held that plaintiffs’ attorney fees must be paid by the state in the Bilke case. Mitchell Paul Bilke, Charles Roberts, Kenneth Asherman, …
Article • November 15, 2011
Attorney Admonished for Improper Advertising by Brandon Sample By Brandon Sample On December 26, 2006, the Florida Bar admonished an attorney for sending improper advertisements to prisoners. David Milo Lamos, a Florida attorney, sent a direct mail advertisement to prisoners. The advertisement contained statements creating “unjustified expectations,” was not marked …
Article • November 15, 2011
Blanket Drug Ban States Deliberate Indifference Claim by U.S. District Judge William C. Lee has denied a motion to dismiss filed by Tippecanoe County in a suit that alleges deliberate indifference by Tippecanoe County Jail staff. The lawsuit, filed by Randy Wethington, alleges that jail medical staff refused to provide …
Article • November 15, 2011
Booking Photos Not Subject to Disclosure Under FOIA by The U.S. Marshals Service does not have to turn over mug shot photos in response to a Freedom of Information Act (FOIA) request, U.S. District Judge Paul C. Huck ruled December 14, 2009. Theodore Karanstalis, a freelance reporter, submitted a FOIA …
California: Prisoners May Be Transferred Out of State To Alleviate Severe Prison Overcrowding by In 2008, the California Court of Appeal upheld the Governor's authority, under the California Emergency Services Act (Government Code, § 8550 et seq.), to proclaim a state of emergency because of severe overcrowding in the state's …
Article • November 15, 2011
California Supreme Court Rules Cell Phones Can be Searched after Arrest by By Derek Gilna In the case of People v. Diaz, the California Supreme Court ruled that after police take a cell phone from a suspect during an arrest, they can search the phone's text messages without a warrant. …
Article • November 15, 2011
CDCR Cannot Avoid Paying Officers in Training by In a case of purely statutory construction, the Fourth District Court of Appeal held in June 2011 that Penal Code § 13602, subd. (a), authorizes California Department of Corrections and Rehabilitation (CDCR) employment training for correctional peace officers at its academies in …
Article • November 15, 2011
City of Chester Agrees to Settle Police Juvenile Abuse Suit for $57,000 by By Brandon Sample On August 31, 2010, the city of Chester, Pennsylvania, agreed to pay $57,000 to a minor who was unlawfully arrested and beaten by Chester police. On January 17th, 2007, Rickia Reese, a minor at …
Article • November 15, 2011
Class Certification of Dental Claims against Cook County Denied by U.S. District Judge Harry D. Leinenweber denied class certification to a group of current and former pretrial detainees suing the Cook County Jail for inadequate dental care. Vincent Smith and several other current and former Cook County pretrial detainees sued …
Article • November 15, 2011
D.C. Appeals Court Dismisses Prisoners' Privacy Claims in Photograph Retention Suit by Derek Gilna Derek Gilna The U.S. Court of Appeals for the District of Columbia turned aside an appeal by Keith Maydak, Ambrose Mitchell, Paul Lee, and Gregory Smith, who were federal prisoners, alleging violations by the Bureau of …
Article • November 15, 2011
Filed under: Diabetes, Police, False Arrest
Diabetic Indiana Man Receives $400,000 for False Arrest by An Indiana federal jury ruled in favor of a diabetic man erroneously arrested following a traffic accident. The jury awarded $400,000 for the man’s continued detention after his illness became known. Michael Overton was arrested, with the assistance of dogs and …
Article • November 15, 2011
Filed under: Money/Property, Restitution
District Court Did Not Impermissibly Delegate the Setting of Fine Payments to the BOP by A district court’s failure to set a fine repayment schedule does not impermissibly delegate the task to the Bureau of Prisons (BOP), the U.S. Court of Appeals for the Seventh Circuit held May 12, 2008. …
Article • November 15, 2011
Entire Tennessee Prison System Found Unconstitutional by Brandon Sample By Brandon Sample On August 23, 1978, the Chancery Court of Davidson County, Tennessee declared the entire Tennessee prison system to be unconstitutional. Under the Tennessee constitution, prisoners are entitled to “humane treatment” and to confinement in “safe and comfortable” prisons. …
Article • November 15, 2011
Exemption 2 of the FOIA Only Applies to “Personnel” Matters, Supreme Court Holds by Exemption 2 of the Freedom of Information Act (FOIA), which bars the disclosure of records “relayed solely to the internal personnel rules and practices at an agency,” is limited to documents that “concern the conditions of …
Article • November 15, 2011
Exposure to Second Hand Smoke Sparks 8th Amendment Claim by The U.S. Court of Appeals for the Fifth Circuit recently affirmed in part and reversed in part a 42 U.S.C. § 1983 action alleging 8th and 14th Amendment violations. Jerry Marcus, a Mississippi prisoner, filed a § 1983 action against …
Article • November 15, 2011
False Claims Act’s Seal Provisions Held Unconstitutional by The Seal provisions of the False Claims Act (FCA) do not violate the First Amendment, the U.S. Court of Appeals for the Fourth Circuit decided March 28, 2011. The FCA allows private citizens to bring suit on behalf of the United States …
Article • November 15, 2011
False Reports Filed by Private Prison Guards Can Support Federal Obstruction Charges by On April 28, 2011 the U.S. Court of Appeals for the Second Circuit affirmed the convictions of two former private prison guards accused of obstructing an investigation into the assault of a prisoner. Rex Eguridu was assaulted …
Article • November 15, 2011
Filed under: Mail, Mail Regulations
Sheriff’s Motion to Dismiss Denied in Florida Jail’s “Postcard Only” Mail Policy Suit by A Florida federal district court has denied a sheriff’s motion to dismiss a pretrial detainee’s civil rights action that challenged a “postcard” only correspondence form. Marcie Hamilton, a prisoner in the Santa Rosa County Jail, filed …
Article • November 15, 2011
Federal Magistrate Rules on Case Filed by State Prisoner Denied Delivery of Prison Legal News by Derek Gilna A United States Magistrate in the State of Oklahoma has issued a Report and Recommendation regarding Oklahoma prison officials' motion for summary judgment seeking to dismiss an Oklahoma prisoner's civil rights and …
Article • November 15, 2011
$580,000 Judgment Entered in Oklahoma Jail Beating Suit by The United States District Court, Western District of Oklahoma entered a judgment granting Timothy Miller $580,000 in a suit for unreasonable use of force and cruel and inhumane treatment. The case arose when Miller was being transferred from the custody of …
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