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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 …
Article • November 15, 2011
Open Public Records Act Plaintiff Entitled to Attorney’s Fees, New Jersey Appellate Court Holds by The Appellate Division for the Superior Court of New Jersey has reversed in part a lower court’s refusal to award attorney’s fees to a plaintiff in an New Jersey Open Public Records Act (OPRA) suit. …
Article • November 15, 2011
Peer Review Document Discoverable in Lawsuit Involving Prisoner’s Death by A Florida federal court ordered disclosure of a peer review document that concerned a prisoner’s death, holding the document is not privileged. The order requires the defendants, the Florida Department of Corrections and Prison Health Services, to provide the Memorandum …
Article • November 15, 2011
Settlement Payments for Work Related Injuries Do Not Begin Until After Release from Prison by Settlement payments for work related injuries do not begin until after release from federal custody, U.S. magistrate Judge Brain Owsley held in April 30, 2008. On March 21, 1997, Jerry L. Thompson, a federal prisoner, …
Sixth Circuit Upholds $2.5 Million Jury Award for Wrongly Convicted Women by Matthew Clarke By Matt Clarke On April 12,2011, the Sixth Circuit Court of Appeals issued an opinion upholding the $2.5 million jury award and $250-per-hour attorney-fees award to two women who were wrongly convicted of felonies. Kimberly Sykes …
Article • November 15, 2011
Illinois Public Defender Documents Exemptions Discussed by Illinois’ First District Court of Appeal held that a trial court’s use of “one-size-fits-all, generic and conclusionary” affidavits to determine the City of Chicago’s motion to dismiss a prisoner’s document request “is rubber stamp judicature,” and the court said it would “decline to …
Article • November 15, 2011
New York Prisoner’s Medical Experimentation Complaint Improperly Dismissed by The Second Circuit Court of Appeals reversed a New York federal district court’s dismissal of a prisoner’s claim that he was subject to “inhumane treatment” by having medical experiments conducted on him. The 1971 claim of prisoner Otis Clay was brought …
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