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Article • April 15, 2011
Houston May Not Keep Traffic Light Camera Documents Secret by Matthew Clarke by Matt Clarke On October 12, 2009, a Texas state district court held that the City of Houston had no right to keep secret over 250 government documents related to the deployment and use of traffic cameras at …
Prisoner’s Administrative Remedies Do Not Require Naming of Official by The Sixth Circuit Court of Appeals vacated its own affirmation of the dismissal of a prisoner’s civil rights complaint after the Supreme Court found that the circuit’s imposition of the prerequisite to properly exhaust administrative remedies before filing a complaint …
Article • April 15, 2011
California: Penal Code Section 4573 Applies to Arrestees Who, When Booked, are Found in Possession of Controlled Substances by The California Supreme Court has held that Penal Code section 4573, which criminalizes the act of “knowingly bring[ing]” a controlled substance into a jail or prison, applies to a person in …
Article • April 15, 2011
California: Right of Self-Representation May Be Restricted but Not Denied Based on Jailhouse Security Concerns by In a 5-2 decision, the California Supreme Court reversed the conviction and sentence of death imposed on a defendant who, while on capital trial for murdering two college students (see: People v. Butler (2009) …
Article • April 15, 2011
Toilet Tank Lid Ruled “Deadly Weapon” by A juvenile Court in Grant County, Washington, convicted a minor, D.A.C., of second degree assault after he threw a toilet tank lid at an employee of the Grant County Youth Services Detention Facility. D.A.C. appealed the assault conviction on the ground that the …
Article • April 15, 2011
Reduction of Attorney Fees Affirmed in 2nd Circuit by In a case decided on February 16, 2010, the 2nd Circuit affirmed a district court’s decision to award less than the requested attorney fees in a class action suit filed against Schenectady County, New York. Attorneys in the suit include Elmer …
Article • April 15, 2011
Filed under: Money/Property, Restitution
Personal Restraint Petition Challenging Restitution Granted in Washington State by On August 8, 2007, a prosecutor in Spokane County, Washington filed and was granted ex parte motions and orders extending jurisdiction for an additional 10 years against Andrew Brady to recover the balance of the restitution and penalties he owed …
Article • April 15, 2011
Pennsylvania Prisoner’s Negligence Claim Denied by On March 19, 2008, Pennsylvania prisoner John McCool filed a medical negligence claim against the Pennsylvania DOC and various officials and employees for their improper treatment of his medical condition. The district court sua sponte dismissed his complaint on June 4, 2008 partially under …
Magistrate’s Recommendations Accepted in Texas Mental Health Case by On May 19, 2009, A U.S. Magistrate Judge filed his recommendations in a complaint brought by Miroslava Rodriguez-Grava (Rodriguez) and Iaias Vasquez Cisneros De Jesus (De Jesus) for their treatment while they were detained at the South Texas Detention Complex (STDC). …
Article • April 15, 2011
Ex-Prosecutor Wins Award in Wrongful Termination Suit by On January 25, 2010, an ex-deputy prosecuting attorney for Pierce County, Washington, Barbara Corey, won her appeal and was awarded in excess of $2 million in a lawsuit she filed against the County following her forced resignation. Ms. Corey’s complaint accused the …
Article • April 15, 2011
Colorado Prisoner Granted Judicial Review on Appeal by On February 4, 2010, a Colorado appellate court reversed a district court’s ruling dismissing a complaint filed by state prisoner Shawn Geerdes. Geerdes filed the complaint requesting judicial review in regard to a disciplinary conviction he received while housed at the Crowley …
Article • April 15, 2011
California Prisoners Now Able to Earn Interest on Funds Held In Their Trust Account by On August 1, 2008, California Governor Arnold Schwarzenegger signed Assembly Bill 439 into law. The bill, enacted in response to Schneider v. California Department of Corrections 345 F.3d 716 (9th Cir. 2003), amended Section 5008 …
Article • April 15, 2011
Washington Prisoner Awarded $210 for Untimely PRA Response by The Washington Court of Appeal has affirmed the award of sanctions to Kevin Mitchell, a prisoner at the Stafford Creek Corrections Center, when the Department of Corrections (Department) responded to his public records request in an untimely manner. In May 2007, …
Article • April 15, 2011
Money May Be Withdrawn From Texas Prisoner's Trust Fund without Prior Notice by On June 5, 2009, the Supreme Court of Texas held that funds may be removed from a state prisoner's trust fund account to satisfy a court order without prior notice to the prisoner. Walter E. Harrell, a …
Prosecutor Not Entitled to Immunity for Statements to Press by On November 17, 2009, the U.S. Court of Appeals for the Eleventh Circuit affirmed in part and reversed in part judgment for a prosecutor, warden, and other prison staff member accused of various constitutional violations. Woodson Hart sued prosecutor Kenneth …
Article • April 15, 2011
Qualified Immunity Denied in Taser Suit by On December 28, 2009, the U.S. Court of Appeals for the Ninth Circuit affirmed a denial of qualified immunity for a police officer accused of using excessive force during a traffic stop. Carl Bryan was stopped by Officer Brian McPherson of the Coronado …
Article • April 15, 2011
Restrictions on Legal Aid Organizations Upheld by On November 23, 2009, the U.S. Court of Appeals for the Ninth Circuit upheld restrictions prohibiting legal aid organizations from soliciting clients, lobbying, seeking attorneys’ fees, and participating in class actions. Legal Aid Services of Oregon sued the Legal Services Corporation (LSC), a …
Article • April 15, 2011
Search for Records Under Washington PRA Held Inadequate by The Division III Court of Appeals for the State of Washington has reversed a grant of summary judgment for the County of Spokane in a suit under the Washington Public Records Act (PRA). Neighborhood Alliance sent a PRA request to the …
Second Circuit Rejects Due Process Challenge to SORNA Conviction by On December 16, 2009, the U.S. Court of Appeals for the Second Circuit upheld a sex offender’s conviction under the Sex Offender Registration and Notification Act (SORNA) against a due process challenge. Travis Hester was convicted of a sex offense …
Article • April 15, 2011
Sovereign Immunity Waived in Suicide Suit Under Vermont Tort Claims Act by The Vermont Tort Claims Act (VTCA) waives the sovereign immunity of the state of Vermont in suits challenging a prison’s failure to prevent suicide, the Supreme Court held on April 18, 1996. The estate of Rose Ann LaPlant …
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