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Article • December 15, 2009 • from PLN December, 2009
$91,059.83 in Damages, Fees and Costs Awarded to Alabama Prisoner Beaten by Guard by An Alabama federal jury has awarded $20,000 in compensatory and punitive damages to a man beaten by a guard at the Lauderdale County Detention Center (LCDC). The lawsuit alleged that LCDC guard Philip King was aware …
$100 Million Settlement in Michigan Prisoners’ Sexual Abuse Suit by David Reutter by David M. Reutter A record-breaking settlement has been reached in a 13-year-old class-action lawsuit filed on behalf of female prisoners who were “subjected to sexual abuse, sexual harassment, privacy violations by male [prison] staff ... and/or retaliation …
$2.7 Million Settlement for Oklahoma Double Leg Amputee Jail Prisoner by On April 9, 2009, a federal district judge in Oklahoma signed a consent decree memorializing a $2.7 million settlement between an Oklahoma county and a former jail prisoner who suffered amputation of both legs while incarcerated at the jail. …
Massachusetts Man’s Estate Resolves Wrongful Conviction Suit for $14.1 Million by David Reutter In July 2009, the estate of a man who served over 18 years in Massachusetts prisons for a murder and robbery he did not commit reached a $3.4 million settlement with 5 of the 6 insurers for …
TDCJ Guards Denied Qualified Immunity in Failure to Protect Case by On April 14, 2004, the Texas Department of Criminal Justice (TDCJ) agreed to pay $84,000 to settle a lawsuit filed by Texas prisoner Eugene Cantu. The original complaint was filed July 3, 2000 pursuant to 42 U.S.C. § 1983 …
Article • November 15, 2009 • from PLN November, 2009
Refusal to Mail Nebraska Prisoner’s Artwork Violates First Amendment by A Nebraska district court has held that prison officials violated a prisoner’s First Amendment right to send and receive mail when they refused to let him mail his drawings. The court’s ruling came on a motion for judgment as a …
Article • November 15, 2009 • from PLN November, 2009
Georgia Attorneys Abandoning Indigent Defendants by David Reutter by David M. Reutter For almost 50 years, following the Supreme Court’s 1963 decision in Gideon v. Wainwright, criminal defendants have had a constitutional right to legal representation. However, Georgia lawmakers have decided that as a result of the state’s budget shortfall …
Article • October 15, 2009
Attorney Fees Measured by Degree of Success Need Not be Tethered to Damage Award by The California Court of Appeal held in a Los Angeles County Jail overdetention and jail-rape civil rights case that when a $25,000 damage award for the overdetention claim survived appeal, but the $1 million award …
Article • October 15, 2009
Where Prisoner Prevailed on One of Four § 1983 Claims, Attorney Fees Reduced by 75% by Where Prisoner Prevailed on One of Four § 1983 Claims, Attorney Fees Reduced by 75% Where a state prisoner sued the California Department of Corrections and Rehabilitation (CDCR) in pro per under 42 U.S.C. …
$4.7 Million Settlement for Brain Damage Caused by Washington Jail Negligence by Washington State’s Kitsap County Jail paid $4.7 million to settle a lawsuit that alleged its failure to properly care for a developmentally disabled man left him brain damaged from dehydration. William E. Trask, 44, was born developmentally disabled. …
Beecham v. City of West Sacremento, CA, Motion, Reasonable Attorney's Fees and Expenses, 2009 1 4 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Fax: (510) 452-5510 5 Attorneys for Plaintiffs 6 RICHARD …
Brief • September 23, 2009
Beecham v. City of West Sacremento, CA, Response to Motion, Reasonable Attorney's Fees and Expenses, 2009 1 4 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Fax: (510) 452-5510 5 Attorneys for Plaintiffs …
Texas’ Parole Condition X Violates Due Process by Gary Hunter Texas’ parole Condition X has come under scrutiny in a federal court case. On December 12, 2008, a U.S. magistrate judge issued a 30-page order granting partial summary judgment in favor of parolee David Brian Jennings, after concluding that the …
Fifth Circuit Upholds $14 Million Award Against Louisiana DA’s Office in Wrongful Conviction Suit; Affirmed by En Banc Ruling by Matthew Clarke by Matt Clarke On December 19, 2008, the Fifth Circuit Court of Appeals upheld a federal jury award of $14 million in a case involving the wrongful conviction …
Indigent Texas Prisoners May No Longer be Required to Repay Cost of Court-Appointed Counsel by by Bill Habern On March 11, 2009, the Texas Court of Appeals in Amarillo issued an opinion in a case involving Gilbert Alexander Perez, an indigent defendant. Perez raised two issues on appeal. First was …
Article • September 15, 2009
District Court Must Explain Reduction in Requested Attorney Fees by In reversing a California federal district court’s order that reduced an attorney’s request for fees by 40 percent, the Ninth Circuit Court of Appeals held that “if a district court is going to make substantial cuts to a winning lawyer’s …
Minnesota Court Awards $146,546.19 for Failing to Provide Deaf Interpreter by On February 17, 2005 a Minnesota state court awarded a prisoner $7,500 in damages and fined the Minnesota Department of Corrections (DOC) $1,000 for failing to provide an American Sign Language (ASL) interpreter for a prisoner in the Sex …
Article • September 15, 2009
Punitive Damages Alone Entitles Plaintiff to Attorney Fees under § 1988; Kerr-Selgas Doctrine Does not Apply to § 1983 Actions by Punitive Damages Alone Entitles Plaintiff to Attorney Fees under § 1988; Kerr-Selgas Doctrine Does not Apply to § 1983 Actions On January 30, 2009, the First Circuit remanded the …
$1,423,127 in Attorney Fees Awarded in Taser Suit; Damages Reduced by A California federal district court has awarded $1,423,127 in attorney fees in the first lawsuit to result in a verdict against TASER International for failing to warn purchasers its electronic control devices pose a risk of acidosis, to a …
Article • August 15, 2009 • from PLN August, 2009
AZ Sheriff Joe Arpaio Loses Three Public Records Cases by by Matt Clarke The Maricopa County Sheriff’s Office (MCSO) and Sheriff Joe Arpaio have lost three public records cases in the Arizona Court of Appeals, including one where they were ordered to pay over $25,000 in attorney fees. The first …
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