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Article • September 15, 2013 • from PLN September, 2013
First Circuit: Rejection of Settlement Offer Does Not Justify Defendants’ Attorney Fee Award by On September 7, 2012, the First Circuit Court of Appeals vacated a $59,787.50 attorney fee award to the defendants in a 42 U.S.C. § 1983 complaint, finding that the plaintiffs’ rejection of a settlement offer did …
Article • September 15, 2013 • from PLN September, 2013
Filed under: Sentencing, Probation
Pennsylvania: Parole Board May Expound on Court-ordered Probation Conditions by On September 7, 2012, the Pennsylvania Supreme Court held that a lower court had incorrectly reversed a probation revocation that was premised on the violation of a probation condition imposed by the Pennsylvania Board of Probation and Parole (Board), rather …
Article • September 15, 2013 • from PLN September, 2013
Seventh Circuit Retires “De Minimis” Standard for Use of Physical Force by The Seventh Circuit Court of Appeals has reversed a district court’s application of a “de minimis harm” standard in dismissing a Wisconsin detainee’s claim that he was sexually groped. In April 2008, James Washington, Jr. was a pretrial …
Article • September 15, 2013 • from PLN September, 2013
Washington Community Custody, Sex Offender Registration and Release Conditions Modified by On September 13, 2012, the Washington Court of Appeals, Division Three, instructed a lower court to clarify a sex offender’s length of community custody, correct his registration requirement, revise prohibitions regarding dating relationships and strike conditions related to Internet …
Article • September 15, 2013 • from PLN September, 2013
New Mexico Prison Doctor Fingered in Lawsuits by Two lawsuits filed in March 2013 seek compensatory and punitive damages against former prison physician Mark E. Walden, GEO Group, Corizon, wardens Erasmo Bravo and Timothy Hatch, and health administrator Sherry Phillips. The suits allege that numerous prisoners were fondled or received …
Article • September 15, 2013 • from PLN September, 2013
Qualified Immunity for NY Prison Officials who Failed to Award Parole Jail Time by The Second Circuit Court of Appeals held on August 7, 2012 that prison officials who failed to properly award parole jail time (PJT) credits to two prisoners serving concurrent prison and jail sentences were entitled to …
Article • September 15, 2013 • from PLN September, 2013
Minnesota: Remedies for Civil Commitments are Limited by The Minnesota Supreme Court has held that a person who is indeterminately civilly committed as a Sexually Dangerous Person (SDP) or Sexual Psychopathic Personality (SPP) may not bring a motion seeking transfer or discharge from their commitment under Minn.R.Civ.P. 60.02, but may …
Article • September 15, 2013 • from PLN September, 2013
Filed under: Money/Property, Restitution
California: Victim’s Post-Death Economic Losses Not Subject to Mandatory Restitution by The California Supreme Court has reversed a restitution order assessed against a defendant who, while driving intoxicated, killed another driver in a freeway collision. The Court held that 1) the estate of the accident victim (who died without heirs) …
Article • September 15, 2013 • from PLN September, 2013
Second Circuit: No Social Security Payments for Prisoners by Last year, the Second Circuit Court of Appeals held that the “No Social Security Benefits for Prisoners Act (the Act), Pub. L. No. 111-115, 123 Stat. 3029 (2009), bars the Social Security Administration (SSA) from making any payments to incarcerated individuals …
Ninth Circuit Requires Notice to Pro Se Prisoner Litigants for Motions to Dismiss for Failure to Exhaust by The Ninth Circuit Court of Appeals held on September 19, 2012 that district courts must give pro se prisoners notice of their rights and duties when responding to a motion to dismiss …
In-the-News Article • September 14, 2013
PLN/HRDC mentioned in article on FCC prison phone order Sept. 14, 2013 Articles that mention PLN Intelligencer Journal PLN/HRDC mentioned in article on FCC prison phone order - Intelligencer Journal 2013 http://www.thereporteronline.com/opinion/20130915/pa-inmates-gouged-for-years-on-jailhouse-calls Pa. inmates gouged for years on jailhouse calls Posted: 09/14/13, 5:31 PM EDT | WOULD YOU pay $9.35 …
Brief • September 13, 2013
Avalos-Palma v. United States, NJ, Complaint, Wrongful Deportation, 2013 Case 3:13-cv-05481-FLW-TJB Document 1 Filed 09/13/13 Page 1 of 12 PageID: 1 Jonathan H. Feinberg Attorney I.D. No. 01376-2001 (NJ) KAIRYS, RUDOVSKY, MESSING & FEINBERG LLP The Cast Iron Building 718 Arch Street, Suite 501 South Philadelphia, PA 19106 (215) 925-4400 …
Davis et al v. Abercrombie et al, HI, Order Granting SJ Motion, CCA religious discrimination denial retaliation, 2013 Case 1:11-cv-00144-LEK-BMK Document 390 Filed 09/13/13 Page 1 of 51 8668 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII RICHARD KAPELA DAVIS, MICHAEL HUGHES, DAMIEN KAAHU, ROBERT …
Kelly v. Wengler, ID, Order Extending Settlement Agreement, CCA Failure to Protect, 2013 Case 1:11-cv-00185-EJL Document 75 Filed 09/13/13 Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO JOSHUA KELLY, JOSE PIÑA, ANDREW IBARRA, RAY BARRIOS, RANDY ENZIMINGER, MICHAEL MIERA, PRISONER A, and PRISONER F, Individually …
Brief • September 13, 2013
Bagett v. Ashe, Plaintiff Opposition, Motion to Amend, 2013 Case 3:11-cv-30223-MAP Document 107 Filed 09/13/13 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS __________________________________________ ) DEBRA BAGGETT, et al. ) Plaintiffs, ) ) v. ) Civil Action No. 11-30223-MAP ) MICHAEL J. ASHE, JR., et al., and …
Gaines v. Contra Costa County, CA, Settlement, Failure to Protect - Hazardous Conditions, 2013 ,.. I j 09/16/2~13 -·- - · - 09:35 - · -· 925252:L-:J33 SPARKPOil'IT PAGE This full and Final R.eler1se and Settkment Agrcenient ("Agrec111e1~t") is entered into as of the d:;ite it is l"ully executed by …
Aceves v. Ryan, AZ, Complaint, Failure to Protect, 2013 Case 1 2 3 4 Document 1 Filed 09/13/13 Page 1 of 9 Pau I Gattone State Bar Number 012482 LAW OFFICE OF PAUL GATTONE 312 S. Convent Tucson, Arizona 85701 (520) 623-1922 Attorney for Plaintiff 5 IN THE UNITED STATES …
Brief • September 13, 2013
Gonzalez v Alva, CA, Order, police excessive force taser, 2013 Case 3:11-cv-02846-DMS-WVG Document 56 Filed 09/13/13 Page 1 of 17 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 RAUL JESSE GONZALEZ, JR., 14 v. 15 16 17 …
Brief • September 13, 2013
Fields v. City of Philadelphia, PA, Exhibit - Police Citation, video on duty police, 2013
Brief • September 12, 2013
Kelly v. Wengler, ID, Motion to Extend Settlement Agreement, CCA Failure to Protect, 2013 Case 1:11-cv-00185-EJL Document 74 Filed 09/12/13 Page 1 of 2 Stephen L. Pevar AMERICAN CIVIL LIBERTIES UNION FOUNDATION 330 Main Street, First Floor Hartford, Connecticut 06106 (860) 570-9830 Richard Alan Eppink reppink@acluidaho.org AMERICAN CIVIL LIBERTIES UNION …
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