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Brief • December 1, 2011
Prison Legal News v. DC, DC, Order Granting Plf Mot for Fees and Costs, 2011 SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA Civil Division PRISON LEGAL NEWS, Plaintiff, v. THE DISTRICT OF COLUMBIA, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 2008 CA 004598 …
Filing • November 17, 2011
Filed under: Complaints
Countess Clemons v. Corrections Corporation of America, Complaint 2011 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE SOUTHERN DIVISION COUNTESS CLEMONS, Plaintiff, v. Case No.______________ JURY DEMANDED CORRECTIONS CORPORATION OF AMERICA, INC.; HAMILTON COUNTY, TENNESEE; PAUL JENNINGS; DANIEL GARCIA; JUANITA MONTGOMERY; TERESA SMITH; and (FIRST NAME …
Article • November 15, 2011 • from PLN November, 2011
BOP Evidence-Handling “Grave Miscarriage of Justice”; Charges Dismissed by Federal Judge by On March 18, 2011, a federal judge in Oregon dismissed criminal charges against a federal prisoner due to mishandling of evidence by the U.S. Bureau of Prisons (BOP). In August 2009, BOP prisoner Jose Sanchez-Arce, 32, and another …
PLN Wins Partial Victory, Attorneys Fees in FOIA Video Tape Suit Against U.S. Attorneys’ Office by Brandon Sample by Brandon Sample and Derek Gilna In a lawsuit brought under the Freedom of Information Act (FOIA), Prison Legal News was awarded attorneys fees by a U.S. District Court in Colorado after …
Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Rules California’s Proposition 115 Not Unconstitutional by The Ninth Circuit held that California’s Proposition 115, known as the Crime Victims Justice Reform Act, does not violate a defendant’s Sixth Amendment right to confront the witnesses against him. Adopted by California voters in 1990, Prop. 115 added constitutional and …
Ninth Circuit Holds California Prison Officials Responsible for Providing Reasonable Accommodations to Disabled Prisoners and Parolees Held in County Jails by In the latest chapter of a legal saga spanning 16 years, on September 7, 2010 the Ninth Circuit rejected a renewed attempt by California prison officials to shirk their …
Eleventh Circuit Reverses Dismissal of BOP Failure to Protect Suit by The U.S. Court of Appeals for the Eleventh Circuit reversed the dismissal of a failure to protect suit filed by a federal prisoner who claimed that he was attacked by a guard for participating in a prison investigation. “John …
Federal Court Rules on Exhaustion Issues for Joined Plaintiffs in Lawsuit Against CCA by On October 18, 2010, an Idaho federal court held that prisoners who were subjected to confusing rules and advice from prison officials regarding how to raise grievance issues had adequately exhausted their administrative remedies when they …
Article • November 15, 2011 • from PLN November, 2011
California Appellate Ruling Holds Court Fee Inapplicable to Pre-2009 Convictions by The California Court of Appeal has held that a $30 to $35 court facilities fee imposed by a non-penal statute, Government Code § 70373, does not apply to cases in which the defendant pleaded guilty, or was found guilty …
Article • November 15, 2011 • from PLN November, 2011
U.S. Supreme Court Holds Civil Contemptor Facing Incarceration Requires Procedural Safeguards Absent Counsel by The U.S. Supreme Court held on June 20, 2011 that counsel need not be provided to a person facing civil contempt for failure to pay child support so long as the state has “in place alternative …
Article • November 15, 2011
Forcible Removal of Drugs from Rectum Does Not Violate Fourth Amendment by Brandon Sample By Brandon Sample U.S. Magistrate Judge H. Bruce Guyton recommended the denial of a motion to suppress evidence recovered from a defendant’s rectum during a forced body cavity search. Felix Booker was taken to the emergency …
Article • November 15, 2011
$15,500 Settlement in Washington Public Disclosure Act Violation by Washington State paid $15,500 to settle the Public Disclosure Act violation claim brought by The Concerned Citizens of Auburn and Federal Way. The non-profit association requested in January 2003, on two occasions, to be provided “documents pertinent to sexually violent predators,” …
$72,000 in Attorney Fees and Costs Awarded in Montana FOIA Action by On May 14, 2008, U.S. District Court Judge Donald W. Molloy awarded $72,701.99 in attorneys’ fees and costs in an action under the Freedom of Information Act (FOIA). Wildlands CPR sued the U.S. Forest Service under FOIA for …
Article • November 15, 2011
Appeals Court Upholds $250,000 Damage Award in Federal Worker's Civil Rights Case, Expert Testimony Not Required to Corroborate Claim of Emotional Distress by The Third Circuit U.S. Court of Appeals has upheld the award of $250,001 to Russell Bolden, who was discharged from his position at Southeastern Pennsylvania Transportation Authority, …
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
$750 Settlement in Washington Public Disclosure Action Violation by Washington State paid $750 to settle a Public Disclosure Act violation claim brought by Benjamin L. Abolafya, who argued that the Special Commitment Center failed to “include a statement of the specific exemption authorizing the withholding of the redacted information” to …
Article • November 15, 2011
Washington State Patrol Must Unconditionally Disclose Collision Information by The Washington State Court of Appeals held that the Washington State Patrol (WSP) must disclose records about traffic accidents in specific locations (collision records) following a public records request without first requiring the requester to sign a statement that the records …
Article • November 15, 2011
Whether Prisoner Officials’ Actions Constitute Deliberate Indifference not Subject to Expert Opinion by U.S. District Judge John Steele granted in part and denied in part a motion in limine seeking to preclude expert opinion on whether the actions of prison officials constituted deliberate indifference. Michelle Goebert, a former Lee County, …
Article • November 15, 2011
Court's Sanctions for BOP's Refusal to Discuss Settlement Vacated by The Fifth Circuit Court of Appeals reversed a district court's sanctions against two Assistant U.S. Attorney's for not making good faith settlement discussions. The plaintiff/prisoner collided with an unpadded pole while pursuing a fly ball during a softball game at …
Article • November 15, 2011
Ohio Supreme Court Affirms Denial of Public Records Damages to Prisoner by On December 1, 2010, the Supreme Court of Ohio issued and opinion affirming a court of appeals decision denying statutory damages to a prisoner who prevailed against prison officials in a public records mandamus action. Lambert Dehler, an …
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