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Ohio Prisoner Awarded $40,000 for Sexual Assault by On August 19, 2009, an Ohio prisoner was awarded $40,000 after being sexually assaulted as a result of deliberate indifference to his safety. John Meyer, a prisoner at the Southeastern Correctional Institution (SCI), approached Sergeant Barbara McNicholas after being “roughed up” and …
Article • May 15, 2010
City of Monroe, Washington Ordered to Produce Requested Records by City of Monroe Ordered to Produce Requested Records On October 26, 2009, a Washington appellate court published its opinion affirming in part, reversing in part and remanding a complaint regarding that state's Public Disclosure Act (PDA). The original complaint was …
Chinn v. Blankenship, WA, Pltff Application for Attorney Fees, 2010 HONORABLE ROBERT J. BRYAN 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 NO. C09-5119-RJB 10 PHILIP CHINN, 11 12 Plaintiff, v. 13 14 15 16 17 18 19 20 …
Virgin Island Officials Held in Contempt: Prisoner Mental Health Treatment Inadequate by Matthew Clarke by Matt Clarke A federal district judge has held the Governor, Attorney General and Director of Corrections of the U.S. Virgin Islands and other prison officials in contempt for not correcting inadequate prisoner mental health treatment. …
New Mexico Prisoner Vindicates Native American Religious Rights with Injunction, Fees and Damages by A New Mexico prisoner has prevailed in a religious freedom case that vindicated his right to practice his Native American beliefs. The lawsuit resulted in a settlement in April 2009 that specified the religious practices prison …
Article • March 15, 2010 • from PLN March, 2010
Eighth Circuit Rejects Debt Offset of EAJA Fees; Supreme Court to Hear Case by Mark Wilson The Eighth Circuit Court of Appeals has held that attorney’s fees awarded under the Equal Access to Justice Act (EAJA) may not be withheld to pay debts owed to the federal government. South Dakota …
Jury Awards $80,001 to New Hampshire Prisoner for Guard Beating by On September 18, 2009, a federal jury awarded a New Hampshire state prisoner $80,000 in punitive damages for a violation of his Eighth Amendment rights, plus $1 in nominal damages. While incarcerated at the New Hampshire State Prison for …
Washington State Makes Work Release Available to Disabled Prisoners; Monetary Payments to Class Members by The Washington Department of Corrections (WDOC) agreed to a settlement in a class action lawsuit alleging violation of the Americans with Disabilities Act (ADA) that results in not only a policy change but monetary payments …
Federal Judge Holds Texas Parole Board Coleman Hearings Unconstitutional by Matthew Clarke by Matt Clarke On August 6, 2009, a federal judge ruled that hearings held by the Texas Board of Pardons and Paroles (BPP) to determine whether onerous sex offender conditions should be imposed on parolees not convicted of …
Colorado Detainee Tasered During Seizure, Paid $116,731.73 and $83,268.27 in Fees by A Colorado detainee settled his medical neglect and excessive force suit within four months of filing for $116,731.73 in damages and $83,268.27 in attorney’s fees. On July 26, 2006, Michael R. Martin was booked into Colorado’s Adams County …
Article • January 15, 2010 • from PLN January, 2010
DHS Ordered to Respond to Petition Seeking National Stan-dards at Immigration Detention Facilities by Brandon Sample Immigration rights advocates won a short-lived victory in June 2009, when a U.S. District Court in New York ordered the Department of Homeland Security (DHS) to respond to a petition for rulemaking that requested …
Federal Court Awards $1.47 Million in Attorney Fees and Costs against Sheriff Arpaio by Last May, PLN reported that a U.S. District Court in Arizona had found that jails in Maricopa County, managed by Sheriff Joe Arpaio, continued to violate the civil rights of pretrial detainees. That ruling came in …
Article • January 15, 2010
Yankees Settle Suit Over Restrictions On Fans by The City of New York in conjunction with the New York Yankees baseball team has settled a lawsuit brought by a fan who alleged that the Yankees restricted him and other fans from moving around during the playing of “God Bless America.” …
Article • January 15, 2010
CJA Reimbursements Unappealable, Tenth Circuit Decides by Attorneys appointed pursuant to the Criminal Justice Act (CJA) cannot appeal CJA compensation or reimbursements, the U.S. Court of Appeals for the Tenth Circuit decided February 24, 2009. William Lunn was appointed to represent Sheila French at a resentencing proceeding. Lunn submitted a …
Ninth Circuit Rejects Retroactive Award of Attorney’s Fees under Open Government Act by On July 8, 2009, the U.S. Court of Appeals for the Ninth Circuit affirmed in part and reversed in part an award of attorney’s fees in a Freedom of Information Act (FOIA) and Administrative Procedure Act (APA) …
Rodriguez v. City of Houston, TX, Atty Fee Order, Wrongful Rape Conviction, 2009 Case 4:06-cv-02650 Document 384 Filed in TXSD on 12/22/09 Page 1 of 7 Case 4:06-cv-02650 Document 384 Filed in TXSD on 12/22/09 Page 2 of 7 Case 4:06-cv-02650 Document 384 Filed in TXSD on 12/22/09 Page 3 …
Article • December 15, 2009
Fees and Costs Awarded Against Washington State DOC in Public Records Appeal by On July 25, 2005, a Washington State Court of Appeals awarded a citizen additional fees and costs incurred in a Public Records Act (PRA) suit. John R. Berg requested disclosure from the Washington State Department of Corrections …
Article • December 15, 2009
Arizona Jury Awards $125,000 to Family of Sudanese Killed By DPS Officer by In March 2009, an Arizona jury awarded $125,000 to the family of a former "lost boy" from Sudan who was brought to the United States as a teenage refugee and shot to death by a Department of …
TDCJ Pays $95,000 to Settle Discrimination Suit by On October 28, 2008, the Texas Department of Criminal Justice (TDCJ) agreed to pay former employee, Karon K. Connelly, $41,524.38 to settle a discrimination suit she had filed in May 2003. In addition to that amount, TDCJ is to pay $38,000 in …
TDCJ Pays $267,000 to Settle Discrimination Claim by On September 15, 2005, the TDCJ agreed to pay a total of $267,500 to Melissa Roberts to settle a complaint she filed with the U.S. Equal Employment Opportunities Commission (EEOC) under Title VII of the Civil Rights Act of 1964. Represented by …
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