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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). …
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 …
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