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Article • August 15, 2013
9th Circuit: Sanctions Under FRCP 45(c)(1) Not Justified Merely Because Party Seeking Discovery Failed to Prevail by In November 2012, the Ninth Circuit reversed a district court’s sanction order granting attorney fees and costs under Fed. R. Civ. P. 45(c)(1), holding that sanctions are inappropriate merely because, during discovery, a …
Article • August 15, 2013
Filed under: Medical, Dental Care
$2,000 Settlement in Failure to Treat Dental Problems by Officials with the Utah Department of Corrections agreed on June 28, 2004, to settle a lawsuit claiming they were deliberately indifferent to prisoner Brian K. Stack’s dental condition. Stack apparently claimed that his transfer from a Utah prison to the Dove …
Article • August 15, 2013
Deficiencies Found in Georgia Prison Maintenance Program by At the request of Georgia’s House Appropriations Committee, state auditors investigated the Georgia Department of Corrections’ (GDC) use of its $39.1 million maintenance budget. The report found that many of the GDC’s 29 prisons use outdated software and inconsistent work order classification, …
Article • August 15, 2013
Florida’s Prison Bond Scheme Obscures Real Costs of Expansion by The issuance of lease revenue bonds to finance “the costs of prison construction has obscured both the near- and long-term costs of failing to make needed policy changes.” That is the main conclusion drawn in A Billion Dollars and Growing: …
Article • August 15, 2013
Attorney’s Violation of Court’s Limine Order Requires New Trial by The Utah Supreme Court ordered a new trial in a lawsuit that charged negligence on the part of Ogden City and one of its police officers in the death of a woman as a result of a high speed chase. …
Article • August 15, 2013
Michigan Family Donating $2.2 Million Settlement for Police Officer’s Killing of Unarmed Man by The City of Sandusky, Michigan has agreed to pay $2.2 million to settle litigation stemming from one of its police officers unlawfully killing an unarmed man. The man's father said that the money will be donated …
Article • August 15, 2013
Third Circuit Vacates Lifetime Computer/Internet Ban by The Third Circuit Court of Appeals vacated sex offender special conditions of supervised release because they were not narrowly tailored or consistent with the factors of 18 USC § 3553(a). Pennsylvania resident Daniel Voelker engaged in an online “chat” with Wyndell Williams. During …
Article • August 15, 2013
TN Attorney General Says Public Records Act Requires Disclosure After Redaction of Exempt Portions of Records by In September, 1998, the Tennessee Attorney General issued its opinion regarding the disclosability of records after redaction of legally exempt parts of the document, without any balancing of interests before disclosure. The AG …
Article • August 15, 2013
Filed under: Sentencing, Good Time
Washington DOC Can’t Impose 5 Years Flat Time for All 1st Degree Assault Convictions with Deadly Weapons Enhancements by The Washington State Supreme Court has ruled that the State Department of Corrections (DOC) can’t require prisoners to serve the first five years of a 1st degree assault sentence as “flat …
Article • August 15, 2013
Washington’s Criminal Justice System Racially Biased; VRA Claim Fails by Despite holding that Washington State’s criminal justice system is racially biased, a Washington federal court has held that Washington’s felon disenfranchisement law does not result in discrimination in its electoral process on account of race. This case was originally filed …
United States v. Gonzalez, CA, Indictment, Jail's Systemic Abuse of Visitors, 2013 Case 2:13-cr-00574 Document 1 Filed 08/15/13 Page 1 of 15 Page ID #:1 f'ILEU 1 2 1013AUG15 PH I: 30 3 CI.ERK u.s. DISTil le T COURT CE~TRAL DIST. OF CALIF. LOS ANCELES 4 8'/: _ _ __ …
Hernandez v. City of Albuquerque, NM, Settlement, Malicious Prosecution, 2013 .,< SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS IN SOLE CONSIDERATION of the total sum of Forty-Five Thousand and No/100 Dollars ($45,000 .00), the receipt of which is hereby acknowledged, Alfonso Hernandez (hereinafter "Releasor") does hereby forever release and discharge Daniel …
Brief • August 14, 2013
Filed under: Religious Diet
Miles v. Guice, NC, Complaint, Religious Diet, 2013 FILED AUG 1 4 2013 REVISED DATE: 09/200 l FORM TO BE USED BY A STA TE PRISONER IN FILING A COMPLAINT UNDE THE CIVIL RIGHTS ACT, 42 U.S.C. SECTION 1983 OR BY A FEDERAL PRISONER IN FILING A BIVENS CLAIM. UNITED …
Brief • August 14, 2013
Ramos v. City of Concord, CA, Complaint, K9 Attack, 2013 1 2 3 4 PETER W. ALFERT, SBN 83139 KAREN H. KAHN, SBN 98404 MARKT. BALLER, SBN261331 RECEIVED HINTON ALFERT &KAHN LLP 200 Pringle Ave, Suite #450 AUG 14 2013 Walnut Creek, California 94596 Telephone: (925) 279-3009 . • Facsimile: …
Brief • August 14, 2013
Association for Los Angeles Deputy Sheriffs v. County of Los Angeles, CA, Tort Claim, Invasion of Privacy (Medical Records), 2013 1 1 l-0143\PGC130806.ejg s GREEN & SHINEE, AP .C. RICHARD A. SHINEE, BAR NO. 62767 ELIZABETH J. GIBBONS, BAR NO. 147033 Attorneys at Law 16055 Ventura Boulevard Suite 1000 Encino, …
Floyd v. New York, NY, Opinion and Order, Constitutionality of Stop and Frisk, 2013 Case 1:08-cv-01034-SAS-HBP Document 373 Filed 08/12/13 Page 1 of 198 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------- )( DAVID FLOYD, LALIT CLARKSON, DEON DENNIS, and DAVID OURLICHT, individually and on behalf of a …
Brief • August 12, 2013
Floyd v. City of New York, NY, Opinion and Order, Stop and Frisk, 2013 Case 1:08-cv-01034-SAS-HBP Document 372 Filed 08/12/13 Page 1 of 39 UNITED ST ATES DISTRJCT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------- X DAVID FLOYD, et al., Plaintiffs, OPINION AND ORDER - against - 08 Civ. 1034 …
Brief • August 12, 2013
Floyd v. City of New York, NY, Opinion and Order, Stop and Frisk, 2013-1 Case 1:08-cv-01034-SAS-HBP Document 373 Filed 08/12/13 Page 1 of 198 ITED STATES DISTRICT COURT SO THERN DISTRICT OF EW YORK ---- - - - - ------------------- -------- --------------------- X DAVID FLOYD, LALIT CLARKSON, DEON DE IS, …
Brief • August 12, 2013
Filed under: Police Searches
Floyd v. New York & Ligon v. New York, NY, Order Addressing Remedies, NYC Stop & Frisk, 2013 Case 1:08-cv-01034-SAS-HBP Document 372 Filed 08/12/13 Page 1 of 39 UNITED STATES DISTRlCT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------,------------------------------------------------------- )( DAVID FLOYD, et al., Plaintiffs, OPINION AND ORDER - against -­ …
Brief • August 12, 2013
Torres Dennis v. City of Greenville et al, SC, Deposition - Wilfong, Police Restraints Wrongful Death, 2013
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