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Manuel v. Atkins, DE, Demand for Jury Trial, Injury while Incarcerated, 2011 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE KARL B. MANUEL, SBI NUMBER 00332040 Plaintiff, v. SERGEANT ATKINS, an employee at Sussex Violation of Probation Center (SVOP) 23207 Dupont Boulevard, Georgetown, Delaware 19947 WARDEN WILLIAM OETTEL, an …
Open Government Act’s Catalystic Theory for Attorneys’ Fees Doesn’t Apply Retroactively by The provisions of the Open Government Act of 2007 that restore the catalyst theory for attorneys’ fees do not apply retroactively, the D.C. Circuit decided June 26, 2009. Anthony Summers settled a Freedom of Information Act (FOIA) suit …
Attorney Fee Award Not Conditioned on Attempts at Pre-litigation Resolution by by Michael Brodheim In a case resulting in the enforcement of provisions that California prisoners, under certain circumstances, be paid for work at no less than minimum wage, the California Supreme Court held that pre-litigation resolution attempts are not …
Article • April 15, 2011
All Florida Prison Claims Challenging Gaintime Awards Preclude Lien for Filing Fee by David Reutter By David M. Reutter The Florida Supreme Court has held that imposition of a lien on a prisoner’s trust account to recover applicable filing fees is precluded in all gaintime actions, regardless of their nature, …
Seventh Circuit Remands Illinois “Crutch Policy” Case; District Court to Evaluate Class Certification for Damages by Mark Wilson The Seventh Circuit Court of Appeals affirmed a lower court’s denial of class certification for injunctive relief, but remanded for further consideration of class certification for damages in an Illinois jail medical …
Crime Victims May Not Appeal Criminal Sentences, Tenth Circuit Decides by Brandon Sample By Brandon Sample Crime victims may not appeal a defendant's sentence or the denial of rights under the Crime Victims' Rights Act of 2004 (CVRA), the U.S. Court of Appeals for the Tenth Circuit decided December 2, …
Article • April 15, 2011
Sixth Circuit: No Sanction for Third-Party Spoilation in Michigan by Matthew Clarke By Matt Clarke On March 21, 2008, a panel of the Sixth Circuit court of appeals held that a defendant could not be sanctioned for third-party spoilation of evidence in a Michigan case involving excessive use of force …
Article • April 15, 2011
Ohio Parole Challenge Not Barred by Res Judicata by by Mark Wilson The Ohio Court of Appeals reversed a lower court’s dismissal of a prisoner’s parole challenge, holding that res judicata did not bar the action. In 1977, Michael Swihart was convicted of aggravated murder, murder and arson related to …
Article • April 15, 2011
Texas Prisoner Allowed To Appeal IFP Despite Misfiling Affidavit by Matthew Clarke By Matt Clarke On September 24, 2008, a Texas court of appeals issued an order allowing a Texas prisoner to proceed in forma pauperis despite having improperly filed his affidavit of indigence with the wrong court. Junior Ray …
Article • April 15, 2011
Texas Court Must File Prisoner Suit if Unpaid Previous Indigent Case on Appeal by Matthew Clarke By Matt Clarke On November 26, 2008, a Texas court of appeals held that a state district court must file a prisoner's civil suit petition even if he had not paid for the court-ordered …
Article • April 15, 2011
Self-Defense Available to Prisoners in Federal Guard Assault Cases by A federal prisoner charged with assaulting a guard may claim self-defense in limited circumstances, the U.S. Court of Appeals for the Fourth Circuit decided January 12, 2010. Michael Gore got into a fight with Lieutenant Kevin Jensen and CO Gregory …
Judicial Review of Disciplinary Conviction Not Moot Upon Prisoner’s Release by On December 9, 2008, the Tennessee Court of Appeals at Nashville found that a former prisoner’s petition was not moot strictly because he had been released from custody. The appellate court remanded the case for a complete review of …
LCS Granted Writ of Mandamus on the Basis of Res Judicata by The Supreme Court of Alabama ruled on December 19, 2008 that res judicata was established in a prisoner’s First Amendment case that was previously adjudicated by a Louisiana court of competent jurisdiction. On October 3, 2006, Carl Braxton …
Article • April 15, 2011
California: Renewed Motion for Attorney Fees Properly Denied When Correct Authority Not Diligently Raised by The California Court of Appeal has affirmed the denial of two requests for attorney fees brought by the state of California, two state agencies and three state officials (collectively, the state), after they successfully defended …
Article • April 15, 2011
Class-Action Status Granted in Erie County, New York, Strip Search Lawsuit by On June 6, 2010, a New York federal court granted class-action status to the plaintiffs in a 42 U.S.C. § 1983 civil rights lawsuit challenging the blanket strip search policy in place in Erie County, New York, jails …
Article • April 15, 2011
$1,360.50 Settlement in Washington State Public Records Act Litigation by The Washington State Department of Corrections (WDOC) paid $1,360.50 to settle a Public Records Act claim. The Settlement came in a suit brought by prisoner Brandt Sappenfield. In his July 20, 2002 complaint, Sappenfield alleged that on February 11, 2002, …
Article • April 15, 2011
New York Supreme Court Denies Challenge to the Voluntariness of Plea by The Supreme Court of New York, Appellate Division, denied a prisoner’s challenge of the voluntariness of his plea agreement despite waiving his right to appeal. Claudio Nunez was charged in Sullivan County with aggravated harassment of a guard …
Article • April 15, 2011
Washington State Pays $277.94 and $450 in Public Records Tort Suit against DOC by The State of Washington Department of Corrections paid $727.94 to settle two different public records tort suits to prisoner Nicholas S. Roy. On November 3, 2004, Roy requested a list of all persons who are being …
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 …
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). …
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