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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 …
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 …
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