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Article • March 15, 2012
Third Circuit Clarifies Federal Civil Procedure Rule 68 Concerning Attorney’s Fees by The Third Circuit Court of Appeals reversed a New Jersey federal district court’s ruling that a judgment/settlement included attorney’s fees under Rule 68 of the federal rules of civil procedure. The case arose when a photographer, working for …
Article • March 15, 2012 • from PLN March, 2012
Death Sentence Reversed Due to “Accidental” Perjury by Texas Prison Investigator by Matthew Clarke by Matt Clarke The Texas Court of Criminal Appeals reversed a death sentence imposed on a state prisoner convicted of capital murder, because a prison investigator had falsely described the prisoner classification system in the Texas …
Article • March 15, 2012 • from PLN March, 2012
Texas Psychologist Who Approved Prisoners for Execution Receives Reprimand by Matthew Clarke by Matt Clarke A Texas psychologist who used questionable methods to examine over a dozen Texas death row prisoners prior to their trials, and found them intellectually competent to face the death penalty, has been fined for using …
Brief • March 15, 2012
Millington v. CCA, OK, 2nd Mot for Sanctions Withheld Documents, Beating, 2012 Case 5:10-cv-00650-L Document 72 Filed 03/15/12 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA (1) GLENDA MILLINGTON, as mother and next friend of Carl Stuckey, an incapacitated person, Plaintiff, v. …
Filing • March 11, 2012
Filed under: Complaints
Prison Legal News v. Babeu, AZ, Amended Complaint, censorship, 2012 Case 2:11-cv-01761-GMS Document 44 Filed 03/11/12 Page 1 of 19 1 ERNEST GALVAN (CA Bar No. 196065)* KENNETH M. WALCZAK (CA Bar No. 247389)* 2 ROSEN, BIEN & GALVAN, LLP 315 Montgomery Street, 10th Floor 3 San Francisco, California 94104-1823 …
Brief • March 5, 2012
State of Maryland v. Brightful et al, MD, Order, Drug Recognition Expert Protocol, 2012 03/05/2012 13:30 From: .A :"~_ #210 P,002/038 I! I Ii ii IN THE CIRCUIT COURT FOR CARROLL COUNTY II Ii 1j ii' I, "" Ii Ii 11 STATE OF MARYLAND v, IIII II II I' I …
Braswell v. CCA, TN, Plf Opp to Def Mot for PO, confidential financial documents, 2012 IN THE FIFTH CIRCUIT COURT FOR DAVIDSON COUNTY, TENNESSEE AT NASHVILLE MARY BRASWELL, as conservator of FRANK D.HORTON, individually, ) ) ) Plaintiff, ) ) v. ) ) CORRECTIONS CORPORATION OF ) AMERICA, INC., ) …
Brief • February 27, 2012
Brown v. City of New York, Order on Interest on Settlement, False Arrest, 2012 Case 1:09-cv-01809-RJD-MDG Document 46 Filed 02/27/12 Page 1 of 1 PageID #: 212 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------)( PRINCE BROWN, ARTHUR DOWLING, DAVID PETERSON, HASSAAN RAMKISSON and ARMANDO SWABY, Plaintiffs, ORDER …
Brief • February 24, 2012
Medina v. Holt, MA, Plff's Memo on Mots, Officers Assault Homeless Man, 2012 Case 1:11-cv-10256-NMG Document 39 Filed 02/24/12 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CARLOS MEDINA, Plaintiff, CIVIL ACTION NO. 11-10256-NMG v. CHRISTOPHER HOLT and TIMOTHY LENANE Defendants. PLAINTIFF’S MEMORANDUM IN OPPOSITION TO DEFENDANTS’ …
Brief • February 16, 2012
State of Ohio v. Broom, OH, Judgment, 8th Am death penalty failed execution, 2012 [Cite as State v. Broom, 2012-Ohio-587.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 96747 STATE OF OHIO PLAINTIFF-APPELLEE vs. ROMELL BROOM DEFENDANT-APPELLANT JUDGMENT: AFFIRMED Civil Appeal from …
Article • February 15, 2012
Florida U.S. District Court Denies Motion for New Trial in Fourth Amendment Case, Upholds Big Damage Award by A Florida Federal District Court denied a motion for new trial following a jury verdict against Jefferson County deputies, after six days of trial concerning an illegal stop and search made by …
Article • February 15, 2012
Ninth Circuit: Prevailing Civil Rights Defendant Entitled to Recover Attorney Fees Only with Respect to Work Attributable Exclusively to Frivolous Claims by A divided Ninth Circuit panel has held that, in a civil rights action with multiple claims, only some of which are groundless, a prevailing defendant is entitled to …
Article • February 15, 2012 • from PLN February, 2012
Texas Court of Criminal Appeals Credits Sentence with Time on Appeal Bond by The Texas Court of Criminal Appeals held that a man who erroneously remained free on an appeal bond for 21 years was entitled to full credit toward his sentence. Claus Detref Thiles was sentenced to 16 years …
Article • February 15, 2012 • from PLN February, 2012
Settlement in New York City Jail Mental Health Services Case Still Alive by On June 28, 2011, the New York Court of Appeals held that a motion to extend the obligations of New York City officials to provide mental health services to jail prisoners was timely because it was filed …
Article • February 15, 2012
PLRA Limits Attorney Fee Award to $7,500; Prisoner Required to Pay Part of Fees by Brandon Sample On December 17, 2007, U.S. District Court Judge James K. Singleton, Jr. awarded $7,500 in attorney fees following a jury verdict that found New York prison officials had violated the First Amendment in …
Article • February 15, 2012
9th Circuit: Equitable Estoppel Applies Where Fraudulent Concealment by Police Thwarts Filing of Claim within Statute of Limitations Period by The Ninth Circuit has held that the doctrine of equitable estoppel can save a claim brought under 42 U.S.C. § 1983 against an otherwise-applicable statute of limitations bar, where although …
Article • February 15, 2012
Prisoner Who Faces No Irreparable Injury Not Entitled to Preliminary Injunction by In March 2011, the California Court of Appeal affirmed a trial court’s denial of preliminary injunctive relief to a prisoner who alleged that Salinas Valley State Prison (SVSP) officials were not complying with the Approved Personal Property Schedule …
Sovereign Immunity Withstands RLUIPA; Jewish Succah may be Permissible Religious Exercise by Sovereign Immunity Withstands RLUIPA; Jewish Succah May be Permissible Religious Exercise by David M. Reutter The Religious Land Use and Institutionalized Persons Act (RLUIPA) does not waive a state’s Eleventh Amendment sovereign immunity from suit for monetary damages. …
California: Prior Conviction for Being a “Felon in Possession of Firearm” Admissible as Evidence in Subsequent Criminal Trials by The California Court of Appeal has held that a prior conviction for being a felon in possession of a firearm is a crime of moral turpitude, and therefore that evidence of …
Article • February 15, 2012
California Supreme Court Clarifies Meaning of Public Interest Litigation by The California Supreme Court has held that the issues underlying a published appellate decision, viz., Serrano v. Stefan Merli Plastering Co., Inc. (2008) 162 Cal.App.4th 1014, qualify the case as public interest litigation, which may entitle the prevailing party to …
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