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Braswell v. CCA, TN, Def Mot for PO, confidential financial documents, 2011 IN THE FIFTH CIRCUIT COURT FOR DAVIDSON COUNTY, TENNESSEE MARY BRASWELL, as Conservator of ) FRANK D. HORTON, Individually, ) ) Plaintiff, ) ) v. ) CORRECTIONS CORPORATION OF AMERICA, ) ) ) Civil Action Number 09C-3139 Jury …
Finn v. Warren County, KY, Motion to Vacate Protective Order, Public Disclosure of Documents, 2011 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY BOWLING GREEN DIVISION JOHNEY FINN, Administrator of the Estate of Shannon Ray Finn, deceased, et al., PLAINTIFFS v. WARREN COUNTY, KENTUCKY, et al. , DEFENDANTS. ) ) …
Brief • July 20, 2011
Filed under: Discovery
Mount Hope Church v. Bash Back et al, WA, judge fee award, discovery subpoena, 2011 Case 2:11-cv-00536-RAJ Document 34 1 Filed 07/20/11 Page 1 of 5 HONORABLE RICHARD A. JONES 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 MOUNT …
Article • July 15, 2011
Administrative Forfeiture of Assets Requires Notice by The Fifth Circuit Court of Appeals has held that an evidentiary hearing must be held to determine if constitutional notice was given by the Drug Enforcement Agency (DEA) to administratively forfeit $13,000. That holding comes after a Mississippi federal district court held the …
Tenth Circuit: Cornell Corrections’ Procedural Defense To Federal Prisoner’s ETS Suit Fails On Inadequate Grievance Recordkeeping by John Dannenberg by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals reversed the dismissal on summary judgment below and remanded to the U.S. District Court (D. N.Mex.) a pro per federal …
Illinois Department of Corrections Must Pay Attorney For Indigent Committed Under Sexually Dangerous Persons Act by Matthew Clarke By Matt Clarke An Illinois court of appeals has held that the Illinois Department of Corrections (DOC) must pay the court costs and attorney fees for an indigent person committed under the …
Indiana Supreme Court Strikes Down Prisoner Frivolous Litigator Law by By John E. Dannenberg The Indiana Supreme Court held that Indiana's 2004 "Three Strikes Law," which forever barred a prisoner from filing another lawsuit if he had earlier had three prior suits dismissed as frivolous, violated the Open Courts Clause …
Article • July 15, 2011
Second Circuit Analyzes Civil Process Extension Rule Application by By David M. Reutter The Second Circuit Court of Appeals has held that a district court may exercise its discretion to grant extensions under Fed. R. Civ. P. 4 (m), absent a showing of good cause under certain circumstances. In the …
Article • July 15, 2011
Nevada Supreme Court: Parole Board Hearings Exempt From Open Meetings Law by Matthew Clarke by Matt Clarke On September 20, 2007, the Supreme Court of Nevada held that parole release meetings were exempt from the requirements of the Nevada Open Meetings Law (OML), N.R.S. Chapter 241. John Witherow, a Nevada …
Article • July 15, 2011
Arizona Reverses Denial of Attorney Fees In Arpaio Public Records Case by Matthew Clarke By Matt Clarke An Arizona court of appeals has reversed the denial of attorney fees and award of costs to defendants in a suit brought to compel Maricopa County Sheriff Joseph M. Arpaio to produce public …
Louisiana Court Of Appeals Overturns Strip Tier Cell InjunctionOverturns by Matthew Clarke Louisiana Court Of Appeals Overturns Strip Tier Cell Injunction By Matt Clarke On June 20, 2007, a Louisiana state court of appeals overturned a district court’s granting of an injunction against prison officials placing the prisoner into a …
California Federal Court Refuses to Dissolve Most of Orantes Injunction by Matthew Clarke By Matt Clarke On July 23, 2007, a federal district court in California issued an opinion declining to dissolve the injunction issued in Orantes-Hernandez v. Meese, 685 F.Supp. 1488 (C.D.CA 1988), 919 F.2d 549 (9th Cir. 1990), …
Article • July 15, 2011
Mandamus Issued Voiding Texas Court’s Seizure Of Trust Fund without Process by Matthew Clarke by Matt Clarke A Texas court of appeals has conditionally granted a prisoner’s petition for a writ of mandamus, voiding a district court’s order garnishing funds from the prisoner’s trust fund to pay court costs in …
Article • July 15, 2011
California: Appellate Disentitlement Doctrine Not Applicable To Defendant Deported By ICE by Michael Brodheim By Michael Brodheim The California Court of Appeal has held that appellate disentitlement, a reviewing court’s inherent power to dismiss an appeal by a party who has refused to comply with a court’s orders, does not …
Article • July 15, 2011
Ninth Circuit: California’s Prop. 115 Not Unconstitutional by Michael Brodheim By Michael Brodheim The Ninth Circuit has 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, …
Eleventh Circuit Reverses Dismissal of Suit Alleging Retaliatory Attack by Guard by Brandon Sample By Brandon Sample On April 26, 2010, 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 …
No Right to Destruction of Juvenile Records in Virginia by David Reutter By David M. Reutter The Virginia Supreme Court has held that there is no vested right under state law to have juvenile records destroyed. The Court, however, found that an expert’s testimony was inadmissible because that testimony was …
Article • July 15, 2011
Illinois Statute Authorizing Revocation of Good Time Credits for Frivolous Court Filings Upheld by Brandon Sample By Brandon Sample The State of Illinois may lawfully deprive good time credits from prisoners who file frivolous post-conviction petitions, the Appellate Court of Illinois, Fourth District, decided November 26, 2008. Cameron Shaw, an …
Article • July 15, 2011
Reporter Cannot be Compelled to Disclose Source Under Pennsylvania Law by David Reutter By David M. Reutter The Pennsylvania Supreme Court has held the state’s media shield law prohibits the compelled disclosure of a confidential source’s identity, or any information that could expose the source’s identity, rejecting an invitation to …
Article • July 15, 2011
Florida Supreme Court Rules on Cost Assessment by David Reutter By David M. Reutter In settling direct conflicts between two district courts of appeals decisions, the Florida Supreme Court has held that applying a statute retroactively to assess costs is not an ex post facto violation. The Court accepted review …
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