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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
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
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 …
Article • April 15, 2011
7th Circuit: Reverse and Remand “Inherently Transitory” Complaint by On February 4, 2010, the 7th Circuit reversed and remanded a district court ruling dismissing as moot a case alleging various constitutional and state law violations against Tippecanoe County, Indiana Sheriff Tracy Brown. The initial complaint was filed on January 2, …
Article • April 15, 2011
Medical Malpractice Damages Caps Unconstitutional in Illinois by On February 4, 2010, the Illinois Supreme Court filed its opinion invalidating Public Act 94-677 (Act) and, more specifically, section 2-1706.5 of the Code of Civil Procedure, which sets caps on noneconomic damages in medical malpractice suits. This appeal stems from a …
Article • April 15, 2011
Texas Prisoner Granted Conditional Mandamus Relief by In a 2-1 split decision filed on November 26, 2008, a Texas appellate court granted in part a prisoner’s petition for writ of mandamus filed after a district Judge refused to file a lawsuit filed by the prisoner, Gordon Simmonds. Citing Chapter 14 …
Article • April 15, 2011
First Circuit Enters Stay to District Court Proceedings Following Interlocutory Appeal by On August 4, 2010, the U.S. Court of Appeals for the First Circuit stayed district court proceedings in a 42 U.S.C. § 1983 suit following an interlocutory appeal by three Boston police officers who were sued in their …
Some Agencies Balk at Releasing Prison Phone Data by Michael Rigby by Mike Rigby It is common knowledge among PLN readers that prison and jail phone rates are priced far above those in the free world. But just how overpriced are they? What is the average kickback (commission) rate provided …
Article • April 15, 2011 • from PLN April, 2011
Bexar County, Texas Fails to Properly Evaluate Mentally Ill Jail Prisoners by Matthew Clarke by Matt Clarke In 2009 the Texas legislature amended a law, codified at Article 16.22 of the Code of Criminal Procedure, with the intent to require early identification of mentally ill jail prisoners so they can …
Article • April 15, 2011 • from PLN April, 2011
Washington Court Reverses Injunction Against Prisoner’s Public Records Requests by On July 29, 2010, the Washington State Court of Appeals affirmed that prisoners have standing to request records under Washington’s Public Records Act (PRA). The court also held that photographs of guards; personnel, compensation and training records; and intelligence and …
Article • April 15, 2011
Non-Parties Can’t Get Discovery that was Never Filed with Court by Non-parties do not have standing to seek disclosure of discovery that was never filed with the court, the U.S. Court of Appeals for the Seventh Circuit decided November 10, 2009. Jamie Kalven, an independent journalist, sought to lift a …
Article • April 15, 2011
Morbidity Reports Not Protected From Disclosure by By Brandon Sample State privilege laws that protect mortality and morbidity reports from disclosure during discovery do not apply in federal court, Timothy S. Hillman, U.S. Magistrate Judge, recently decided. The Plaintiff in a wrongful death action served a notice of deposition and …
Filing • April 11, 2011
Filed under: Complaints, Intervention
Prison Legal News v. Berkeley Co Sheriff Dewitt, SC, Complaint in Intervention, censorship, 2011 2:10-cv-02594-MBS Date Filed 04/12/11 Entry Number 35-2 Page 1 of 15 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION ___________________________________ PRISON LEGAL NEWS, et. al., ) ) ) Plaintiffs; ) ) UNITED STATES OF …
Brief • April 7, 2011
Cox v. County of Otero, NM, Complaint, Excessive Force - Beating, 2011 Case 2:11-cv-00296-WPL -LAM Document 1 Filed 04/07/11 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MICHAEL COX Plaintiff, v. No. -------- BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF OTERO, …
Brief • April 1, 2011
State of Ohio v. Broom, OH, Judgment, 8th Am death penalty failed execution, 2011
Brief • March 29, 2011
Filed under: Civil Procedure, Standing
Civil Rules and Standing Rules Committee, Andrea Kuperman, Memorandum, Twombly and Iqbal Cases, 2011 MEMORANDUM DATE: March 29, 2011 TO: Civil Rules Committee Standing Rules Committee FROM: Andrea Kuperman1 SUBJECT: Review of Case Law Applying Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal P REPARED FOR THE C ONSIDERATION …
Summary Judgment for Illinois Jail Nurse Reversed in Wrongful Death Suit by Brandon Sample The U.S. Court of Appeals for the Seventh Circuit reversed a grant of summary judgment in favor of a nurse at Illinois’ Peoria County Jail (PCJ) who was accused of providing deliberately indifferent medical care to …
Article • March 15, 2011 • from PLN March, 2011
Former Orange County Jail Detainee Paid $750,000 to Settle Guard Tasering Suit by In March 2010, Orange County, California paid $750,000 to settle a civil rights suit filed by Matthew Fleuret, a former jail prisoner who alleged he was subjected to excessive force following his arrest in March 2006 on …
Article • March 15, 2011 • from PLN March, 2011
Nevada Agrees to Settle Class Action Lawsuit Over Medical Treatment at Ely State Prison by In July 2010, Nevada officials agreed to settle a federal class action lawsuit filed by the ACLU pursuant to 42 U.S.C. § 1983 that alleged constitutionally inadequate medical care at Ely State Prison. The ACLU …
U.S. Supreme Court Upholds $625,000 Judgment for Female Prisoner Molested by Ohio Prison Guard by John Dannenberg by John E. Dannenberg On January 24, 2011, the U.S. Supreme Court (USSC), ruling on a relatively minor procedural issue regarding the timing of a defense motion for summary judgment, upheld a $625,000 …
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