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Article • March 15, 2011 • from PLN March, 2011
Filed under: Civil Procedure, Costs
Second Circuit Holds Costs May be Denied to Prevailing Party on Appeal by The prevailing party on appeal may be denied costs when, in a court’s discretion, taxing costs is deemed inequitable, the U.S. Court of Appeals for the Second Circuit held on November 2, 2009. New York resident Richard …
$6,000 Settlement in D.C. Youth Prisoner’s Stabbing by The District of Columbia (D.C.) paid $6,000 to settle the negligence suit of prisoner Jeremiah Lester for injuries incurred from being stabbed by two other prisoners. While at D.C.’s Youth Center One in Lorton, Virginia on May 16, 1999, Lester was assaulted …
Continuing Violation Doctrine Applies to Deliberate Indifference in New York by The Second Circuit Court of Appeals has held that the continuing violation doctrine applies to a New York prisoner’s deliberate indifference claim under the Eighth Amendment. Jose J. Shomo was confined by the New York City Department of Corrections …
Article • March 15, 2011 • from PLN March, 2011
Dismissal for Failure to Effect Service Reversed in Florida Failure to Protect Suit by The Eleventh Circuit Court of Appeals has held that as long as a court-appointed agent to serve summons for a prisoner-litigant acting pro se can locate the prison guard-defendant with reasonable effort, prisoner-litigants who provide enough …
Article • March 15, 2011 • from PLN March, 2011
Massachusetts: Wrongful Conviction Suit Settled for $3.25 Million by The City of Boston has agreed to pay $3.25 million to settle a lawsuit filed by a man who was wrongfully convicted and imprisoned for 18 years for a series of rapes he did not commit. Ulysses Charles was convicted in …
Article • March 15, 2011 • from PLN March, 2011
Class Action Certified in California Federal Civil Rights Suit Against TransCor by On February 16, 2010, a California U.S. District Court certified a class action lawsuit against Nashville, Tennessee-based private prison transport company TransCor America for transporting prisoners more than 24 continuous hours without giving them an opportunity to rest …
Article • March 15, 2011 • from PLN March, 2011
$100,000 Settlement in Nebraska Jail Prisoner Suicide Suit by Sheridan County, Nebraska has agreed to pay $100,000 to the estate of a prisoner who committed suicide while at the Sheridan County Jail. Jay Spotted Elk hung himself with a belt in his cell after being arrested on a misdemeanor charge …
Article • March 15, 2011 • from PLN March, 2011
PLN and HRDC Win Consent Judgment Against Louisiana Sheriff in Censorship Case by On May 18, 2010, Prison Legal News (PLN) and its parent organization, the Human Rights Defense Center (HRDC), won another battle against censorship by prison and jail officials. In 2009, PLN and HRDC sued Jack A. Stephens, …
Article • March 15, 2011 • from PLN March, 2011
Short-Lived Class Action Lawsuit Filed Against Global Tel*Link in California, Then Secretly Settled by Michael Brodheim by Mike Brodheim Sick and tired of being gouged by high prison phone rates, Nadia Alvarez and Rachel Fishenfeld, two California residents, filed a consumer class action suit against Global Tel*Link (GTL) in August …
Article • March 15, 2011
Settlement Proceeds Unrelated to Personal Injury or Sickness Are Subject to Taxation by Proceeds from a legal settlement unrelated to personal injury or sickness are subject to taxation, the U.S. Court of Appeals for the Sixth circuit decided February 26, 2010. Daniel and Brenda Stadnyk received a $49,000 settlement from …
Article • March 15, 2011
$16,000 Settlement in Transcribing Contract Dispute by The District of Columbia (DC) paid $15,920.20 to settle a lawsuit by Bossard Associates, Inc. Available documentation does not reveal the circumstances of the dispute, but the settlement agreement says it resolves claims for court reporting services provided to DC on or before …
MVRA Does Not Permit Victims to Intervene in Another Suit in Order to Collect Restitution by The Mandatory Victims Restitution Act (MVRA) does not allow a victim to intervene into another suit in order to pursue the collection of restitution, the U.S. Court of Appeals for the Ninth Circuit decided …
Article • March 15, 2011
Sixth Circuit: Lethal Injection Challenge Time-Barred; Agrees Cooey II Wrongly Decided, Urges En Banc Review by The Sixth Circuit Court of Appeals affirmed the dismissal of a condemned prisoner’s challenge to Ohio’s lethal-injection protocol as time-barred under Cooey v. Strickland, 479 F.3d 412 (6th Cir. 2007) (Cooey II). The court …
Article • March 15, 2011
Settlement of 1997 Suit Kills 2001 Suit Says Ninth Circuit by The Ninth Circuit Court of Appeals affirmed a lower court’s holding that a 2002 Settlement Agreement regarding a 1997 complaint also covered claims in a 2001 complaint. Todd Ashker was confined in California’s Secured Housing Unit (SHU) at Pelican …
Article • March 15, 2011
Washington Supreme Court Rejects Judge’s Effort to Bar Public Release of Investigative Report by The Supreme Court of Washington state affirmed a lower court’s release of an investigative report concerning a hostile work environment created by Federal Way Municipal Court Judge Michael Morgan. A Federal Way, Washington, Municipal Court employee …
Article • March 15, 2011
$525,001 Settlement in Washington Public Records Suit Involving Abused Minors by The Washington State Department of Social and Health Services paid $525,001 to settle the lawsuit of Estera L. Tamus, Ruth S. Tamus and M., a minor, for failing to provide public records upon request. Estera, Ruth and M. claimed …
Article • March 15, 2011
Connecticut Trial Courts Lack Power to Unseal Records by Connecticut’s Supreme Court held that a trial court in an administrative appeal, which does not have continuing jurisdiction over cases where sealing orders were issued and does not have custody of or control over the sealed docket sheets, does not have …
Eighth Circuit Dismisses Appeal Where Parties Attempted to Manufacture Jurisdiction by The U.S. Court of Appeals for the Eighth Circuit has rejected an attempt by the parties in a suit against Corrections Corporation of America (CCA) to manufacture appellate jurisdiction for an interlocutory appeal from a district court’s grant of …
Article • March 15, 2011
Expert Report Not Required for Primary Care Physician to Testify by A physician who treated a patient plaintiff may testify concerning his consultation or treatment of a patient without providing an expert report, U.S. District Judge Michael Ponsor recently decided. Under Fed. R. Civ. P. 26., Judge Ponsor concluded that …
Article • March 15, 2011
D.C. Settlement Nets Former Warden $62,000 for Legal Expenditures by On July 11, 2005, the District of Columbia paid $62,000 to settle with David Roach—a former warden at the Maximum Security Facility in Lorton, Virginia—who sued the District seeking reimbursement for legal fees. In 1995, while Roach was warden at …
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