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Article • October 15, 2010 • from PLN October, 2010
New York Prison Superintendents Live in Lap of Luxury on Taxpayer Subsidy by On the heels of a report that suggests ways to trim costs of New York’s prison system, several state legislators are calling for an end to subsidizing luxurious homes for prison superintendents. Residences for prison guards and …
U.S. Supreme Court: No Bivens Remedy Available Against PHS Staff by Brandon Sample On May 3, 2010, the U.S. Supreme Court held that employees of the U.S. Public Health Service (PHS) may not be sued for constitutional violations under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971). …
Third Circuit Reverses $642,398.57 Attorney Fee Award for RFRA Claim by Immigration Prisoner by The Third Circuit Court of Appeals reversed an immigration detainee’s $642,398.57 attorney fee award, finding that “the District Court’s degree of success inquiry under § 1988 was based on an impermissible reconstruction of the jury verdict.” …
Fraudsters Sentenced in Cornell Prison Construction Scheme by Brandon Sample A man who bilked almost $13 million from Cornell Corrections Corp. has been convicted of federal fraud and conspiracy charges, while two co-defendants pleaded guilty. In February 2010, Robert B. Surles was convicted by a federal jury in Atlanta, Georgia …
Article • October 15, 2010 • from PLN October, 2010
Successful Appellate Ruling Invalidating Statute Creates Prevailing Party for Attorney Fee Award by David Reutter by David M. Reutter The Washington State Supreme Court has held that a litigant who successfully gets an appellate court to vacate a prison disciplinary infraction and declare a statute unconstitutional is a prevailing party …
Article • October 15, 2010 • from PLN October, 2010
Exhaustion Excused Where Warden Misled Prisoner During Grievance Process by Brandon Sample Failure to exhaust administrative remedies may be excused when prison officials mislead a prisoner during the grievance process, the U.S. Court of Appeals for the Ninth Circuit decided on January 11, 2010. In May 2002, prisoner Gerson Nunez …
Article • October 15, 2010 • from PLN October, 2010
Ninth Circuit: Los Angeles County Not Liable for Occasional Over-Detentions by Michael Brodheim In an official-capacity action brought under 42 U.S.C. § 1983 against Los Angeles County Sheriff Leroy D. Baca, the plaintiffs alleged they remained in the custody of the Sheriff’s Department, in violation of their constitutional rights, for …
Female Assistant Attorney General Pleads Guilty in Wife-Beating Case by Mark Wilson An Oregon Assistant Attorney General (AAG) who defends against prisoners’ appeals in criminal cases was recently arrested for punching and strangling her wife; she entered treatment and pleaded guilty two weeks later. On February 12, 2010, AAG Susan …
Article • October 15, 2010 • from PLN October, 2010
Sexual Abuse of Youths at Tennessee Juvenile Facility Widespread by David Reutter by David M. Reutter A February 2010 news report by The Tennessean, Nashville’s daily newspaper, revealed that juvenile offenders are regularly sexually abused at the Woodland Hills Youth Development Center. The investigation followed a U.S. Department of Justice …
Brief • October 14, 2010
Riker v. Gibbons, NV, Memo Supporting Pltffs Motion to Approve Class Action, Medical Treatment, 2010 1 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 3 4 DAVID RIKER, et al., 5 6 7 8 Plaintiffs, v. JAMES GIBBONS, et al., Case No. 3:08-cv-00115-LRH-VPC MEMORANDUM OF POINTS AND AUTHORITIES …
Brief • October 6, 2010
Wells v Bureau County Sheriff, IL, Order to Dismiss, wrongful death cell-check policy, 2010 1:08-cv-01128-MMM -JAG # 63 Page 1 of 5 E-FILED Wednesday, 06 October, 2010 02:46:59 PM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS ESTATE OF AUSTIN L. WELLS, Deceased, by JERRY …
Publication • October 1, 2010
Healthcare Copay Report, 2010 - Bureau of Prisons Federal Prisoner Health Care Copayment Act of 2000 Report to Congress Status Report: October 2010 Legislative Summary: On October 12, 2000, the President signed into law the Federal Prisoner Health Care Copayment Act of 2000 (P.L. 106-294) (codified at 18 U.S.C. § …
Brief • September 30, 2010
Prison Legal News v. Tilton, CA, Order Atty Fees, CDCR Public Records, 2010 f-- Ii L. F' ['1 '" n p c: c r-, ENC t~_. ) 1 ROSEN, BIEN & GALVAN, LLP 2 Sanford Jay Rosen, Bar No. 62566 Ernest Galvan, Bar No. 196065 3 Kenneth M. Walczak, Bar …
Brief • September 30, 2010
Prison Legal News v. Tilton, CA, Order re Settlement, CDCR Public Records, 2010 ROSEN, BIEN & GALVAN, LLP Sanford Jay Rosen, Bar No. 62566 Ernest Galvan, Bar No. 196065 Kenneth M. Walczak, Bar No. 247389 315 Montgomery Street, 10th Floor San Francisco, CA 94104-1823 Telephone: (415) (415) Facsimile: Attorneys 433-6830 …
Brief • September 29, 2010
Prison Legal News v. Tilton, CA, Settlement Agreement, CDCR Public Records, 2010 rocp VL 2920'0 24 C'R\ - 1 ROSEN, BIEN & GALVAN_ LLP Sanford Jay Rosen, Bar No. 152566 2 Ernest Galvan, Bar No_ 196065 3 Kenneth M. WI\lc2Bk, BarNo. 247389 315 Montgomery Street. 10th Floor By: _ _A~.-:::IA~IO~OD7W!..!...A~R=:..D …
Brandon v. Smith, IL, Pltff Response to Petition for Attorney Fees (2010) 1:06-cv-01316-JAG # 217 Page 1 of 10 E-FILED Monday, 27 September, 2010 04:49:33 PM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS PEORIA DIVISION LAZINNIAL BRANDON, Administrator ) of …
Brief • September 27, 2010
Cockrell v City of Cincinnati, OH, Plf Resp to Def MTD, excessive force taser, 2010 Case: 1:10-cv-00270-SJD Doc #: 8 Filed: 09/27/10 Page: 1 of 29 PAGEID #: 27 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION KEITH COCKRELL, Plaintiff, v. CITY OF CINCINNATI, OHIO, et al., Defendants. …
Brief • September 22, 2010
Hicks v. CCA, LA, Complaint, Unlawful Strip Search, 2010 Case 1:10-cv-00020-JTT-JDK Document 37 Filed 09/22/10 Page 1 of 9 PageID #: 118 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION JAMES HOUSTON HICKS § CIVIL ACTION NO. 1:10CV00020 § VERSUS § JUDGE TRIMBLE § INSURANCE CO. OF CORRECTIONS …
Brief • September 21, 2010
Filed under: Informants
Phelps v. City of Ecorse, M, Order, Confidential Informant, 2010 Case 2:09-cv-12311-NGE -MAR Document 75 Filed 09/21/10 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL PHELPS and TAMMY PHELPS, Plaintiffs, v. CIVIL ACTION NO. 09-12311 DISTRICT JUDGE NANCY G. EDMUNDS THE CITY OF …
Brief • September 20, 2010
Filed under: Staff-Prisoner Assault
Ortiz v. Lasker, NY, Judgment, Decision and Order, Assault of Prisoner by Guard, 2010 Case 6:08-cv-06001-DGL-JWF Document 21 Filed 09/02/10 Page 1 of 1 1AO 450 (Rev. 5/85) Judgment in a Civil CASE 44444444444444444444444444444444444444444444444444444444444444444444444 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ANNA ORTIZ, Plaintiff, v. 08CV6001L DONALD LASKER, …
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