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Article • November 15, 2011
U.S. Supreme Court Defines Prevailing Party for § 1988 Purposes by U.S. Supreme Court Defines Prevailing Party for § 1988 Purposes The U.S. Supreme Court held that the touchstone of the prevailing party inquiry must be the material alteration of the legal relationship of the parties in a manner that …
Vermont Court Passes on Resolving Whether Prison Health Services is Subject to Vermont’s Public Records Act by Brandon Sample By Brandon Sample A Vermont Superior Court passed on resolving whether Prison Health Services (PHS) is subject to Vermont’s Public Records Act (PRA). David Sleigh submitted a PRA request to PHS …
Article • November 15, 2011
Ninth Circuit Reverses Conviction after Prosecutors Improperly Questioned Defendant about Details of Prior Conviction by By Brandon Sample The U.S. court of appeals for the Ninth Circuit reversed a defendant’s conviction for assaulting a guard after prosecutors improperly questioned the defendant concerning details of a prior bank fraud conviction. Daniel …
Article • November 15, 2011
Filed under: Civil Procedure, Witnesses
Prisoners Not Entitled to Witness Fees by Prisoners are not entitled to witness fees, U.S. District Judge Michael Reagan recently held. Christopher Lekas, a prisoner at the Dixon Correctional Center in Dixon, Illinois, testified via video feed from prison in a civil rights action. After testifying, Dixon filed a motion …
Article • November 15, 2011
Court Orders Discovery of Documents in Sex Abuse Suit by On October 14, 2004, U.S. Magistrate Judge Gabriel W. Gorenstein ordered the defendants in a 42 U.S.C. § 1983 action to produce copies of documents related to the sexual misconduct allegations in the suit. The plaintiffs alleged that guards had …
Brief • November 14, 2011
Moreno v. City of Concord, CA, Complaint, Unlawful Arrest, 2011 1 Andrew C. Schwartz (State Bar No. 64578) CASPER, MEADOWS, SCHWARTZ & COOK 2 A Professional Corporation 3 4 5 6 7 8 2121 North California Blvd., Suite 1020 Walnut Creek, California 94596 Telephone: (925) 947-1147 Facsimile: (925) 947-1133 schwartz@cmslaw.com …
Smith v. City of Oakland, Order Approving Punitive Damages, Public Parole Strip Search, 2011 Case3:07-cv-06298-MHP Document82 Filed11/03/11 Page1 of 9 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 No. 07-6298 MHP JOHN SMITH, KIRBY BRADSHAW, SPENCER LUCAS, et al., United States …
Brief • October 23, 2011
Filed under: Witnesses
US DOJ v Thompson, WA, Motion to Exclude Rule 702, witness memory, 2011 Case 2:09-cr-00088-FVS 1 2 3 4 5 6 7 Document 692 MICHAEL C. ORMSBY United States Attorney Aine Ahmed Tim M. Durkin Assistant United States Attorneys Eastern District of Washington Victor Boutros, Trial Attorney Civil Rights Division …
Article • October 15, 2011 • from PLN October, 2011
Sixth Circuit: Prisoner Must be Allowed Direct Appeal When Prison Delayed Appeal Mailings by Matthew Clarke by Matt Clarke The Sixth Circuit held that Michigan had to allow the appeal of a prisoner’s criminal conviction when prison officials had delayed the mailing of his appeal documents until after the filing …
Ninth Circuit: California Prisoner Need Not Appeal from Satisfactory Grievance Response in Order to Exhaust Administrative Remedies by Michael Brodheim Clarifying “the boundaries of proper exhaustion” within the context of California’s prison system, the Ninth Circuit Court of Appeals held that a prisoner “has no obligation to appeal from a …
California District Court Rips Feds for “False and Misleading Information” in FOIA Case, Then Does Nothing by In a lawsuit filed by six Islamic organizations and five individuals, the U.S. District Court for the Central District of California, Southern Division, found that the FBI and the U.S. government had “provided …
90% Remittitur of $750,000 Strip Search Verdict Vacated; Plaintiffs Accept $440,385.08 on Remand by Mark Wilson On June 30, 2010, the Eighth Circuit Court of Appeals held that a district court had abused its discretion in reducing a $750,000 jury award to $75,000 in a case raising illegal strip search …
Article • October 15, 2011 • from PLN October, 2011
U.S. Supreme Court: State P&A Can Sue Another State Agency for Records by David Reutter U.S. Supreme Court: State P&A Can Sue Another State Agency for Records by David Reutter The U.S. Supreme Court held on April 19, 2011 that sovereign immunity does not apply when one agency of a …
Brief • October 3, 2011
Cox v. County of Otero, NM, Settlement, Excessive Force - Beating, 2011 FULL RELEASE, SETTLEMENT, AND INDEMNITY AGREEMENT For the sole consideration of Twenty Thousand Five Hundred Dollars ($20,500.00), the receipt and sufficiency of which are hereby acknowledged, MICHAEL COX, on his own behalf and on behalf of his heirs, …
Brief • September 30, 2011
Filed under: Costs, Appeals, Depositions
CCCF Inmates v. CCR, CO, Plaintiff Apellate Brief, Deposition Costs, 2011 Plaintiff-Petitioners, by and through their attorneys, William A. Trine of Trine & Metcalf, P.C., and Cheryl Trine of Cheryl Trine Law Firm LLC hereby petition this Court pursuant to C.A.R. 2.1, and in support states: I. STANDARD OF REVIEW. …
Brief • September 27, 2011
Prison Legal News v EOUSA, US, Reply Brief, FOIA public records NO. 10-1510 In the Supreme Court of the United States ________________ PRISON LEGAL NEWS, v. Petitioner, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, Respondent. ________________ On Petition for a Writ of Certiorari to the United States Court of Appeals for …
Brief • September 19, 2011
Finn v. Warren County, KY, Order vacating Southern Health Partners protection, discovery medical policy records, 2011 Case 1:10-cv-00016-JHM-ERG Document 90 Filed 09/16/11 Page 1 of 7 PageID #: 589 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY BOWLING GREEN DIVISION CIVIL ACTION NO. 1:10CV-00016-JHM JOHNEY FINN, Administrator of the Estate …
Article • September 15, 2011
Washington Arbitration Awards Don't Accrue Interest until Reduced to Judgment by The Washington state Department of Corrections (DOC) contracted with Fluor Daniel, Inc. to build a prison. But later contract disputes resulted in litigation. Arbitration resulted in an award to Fluor of $5,997,645 which was reduced to judgment shortly thereafter …
Article • September 15, 2011
Washington Civil Commitment Trial Law Not Retroactive by Washington State’s Court of Appeals, Division I, has held that the Legislature’s amendment of RCW 71.09.090 did not apply retroactively, holding that amendment properly applies to prohibit new trials on commitment status for sexual predators on the sole basis of advancing age. …
Virginia Supreme Court Says Plethysmograph Evidence Inadmissible by The Virginia Supreme Court has held that plethysmograph evidence is inadmissible in all judicial proceedings without foundation as to reliability. Matthew Edwards Billips committed several sex offenses involving young children when he was 18 years old. He was convicted of those offenses …
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