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Article • May 15, 2013
Connecticut Process Server Entitled to Copy Fee by The Connecticut Supreme Court has held that a process server is entitled to receive a fee for copies even where the server did not make the copies. The ruling came in a writ of error proceeding brought by State Marshal Lisa H. …
Article • May 15, 2013
Filed under: Sentencing, Probation
Due Process Requirements Not Met in Washington Probation Violation Notice by On May 27, 2010, the Washington Supreme Court granted a prisoner's personal restraint petition. In doing so, the Court held that the level of specificity provided in the Department of Correction's (DOC) notice of probation violation did not meet …
Article • May 15, 2013
Filed under: Sentencing, Parole
Counsel May Review "Confidential" Oregon Parole Board Evidence by Counsel May Review "Confidential" Oregon Parole Board Evidence On December 22, 2010, the Oregon Court of Appeals held that counsel for two prisoners appealing orders of the Oregon Board of Parole and Post-Prison Supervision (Board) may review confidential evidence in the …
Article • May 15, 2013
California: Medical Records of Prisoner Being Evaluated for Civil Commitment Not Constitutionally Protected from Disclosure by The Ninth Circuit has held that the medical records of a California prisoner being evaluated for civil commitment under California's Sexually Violent Predator Act, Cal. Welf. & Inst. Code § 6600-6609, are not constitutionally …
Article • May 15, 2013
New York: USDC Grants Opposition to Quash Depositions in Murder/Rape by A magistrate judge at the United States District Court for the Eastern District of New York granted in November 2011 the Plaintiff’s motion opposing Defense's motion to quash deposition notices and notice of subpoena in a civil case resultant …
Article • May 15, 2013
Pennsylvania: USDC Grants Habeas Bond Hearing for Alien by On May 24, 2012 the United States District Court for the Middle District of Pennsylvania granted in part the habeas petition of Robert A. Bautista seeking release from Department of Homeland Security custody, which was not granted, and a bond hearing, …
Article • May 15, 2013
Filed under: Media
USDC New York Finds for Bloomberg Newsgroup in Copyright Suit by On May 17, 2012, the United States District Court for the Southern District of New York found for the Defendant, business and financial news provider Bloomberg L.P., in a copyright infringement suit initiated by the Swatch Group Management Services, …
Article • May 15, 2013
Washington State Court of Appeals Upholds Denial of Prisoner's Public Record Claim by Washington State prisoner Shawn D. Greenhalgh, pro se, appealed a summary judgment by the trial court. Greenhalgh alleged that the Washington State Office of the Attorney General (AGO) improperly denied his Public Record Act (PRA) request because …
Washington State District Court Oversees §1988 Settlement against Spokane Police by Washington State District Court Oversees §1988 Settlement against Spokane Police The City of Spokane, Washington, settled a civil rights claim in May 2012 for two million dollars in the U.S. District Court, Eastern District of Washington, with the estate …
Article • May 15, 2013
Wisconsin Appeals Court Orders Appointment of Examiner in Commitment Case by Derek Gilna Prisoner Dennis Thiel had appealed the denial of his petition for supervised release under Wisconsin Statute Chapter 980 (2003-04) (the Act), wherein the court had previously ordered that an examiner be appointed to take another look at …
Washington: Failure-to-Protect Suit against King County Allowed to Proceed by The Washington Court of Appeals has reversed a superior court ruling dismissing on res judicata grounds a "Complaint for Damages" filed by a prisoner against King County, alleging that he was raped by other prisoners in the tenth floor shower …
Article • May 15, 2013
Religious Diet Qualified Immunity Test Outlined by The Seventh Circuit Court of Appeals has held that in determining whether a prison official is entitled to qualified immunity for refusing a prisoner a religious diet, the district court must know whether the official used the tenets of the religion to disqualify …
California: CDCR Pays $475,000 to Settle Wrongful Death Suit by In November 2009, the California Department of Corrections and Rehabilitation (CDCR) entered into a Settlement Agreement with the parents and siblings of Joseph Sullivan who, in June 2006, took his own life while incarcerated at Chuckawalla Valley State Prison (CVSP). …
$30,000 Settlement for Juvenile Assaulted by Riker’s Island Guard Gang by The New York City Department of Corrections (NYDOC) paid $30,001 to settle a lawsuit brought by a juvenile beaten by guard authorized violence. Several guards have been indicted for running the Robert N. Davoren Complex (RNDC) on Riker’s Island …
Article • May 15, 2013
Associated Press Loses Bid to Unseal Settlement in Suit Against CCA by On December 14, 2011, an Idaho federal court ruled that it would not unseal the sealed settlement agreement between Corrections Corporation of America (CCA) and a prisoner who was allegedly assaulted in a private prison operated by CCA. …
Article • May 15, 2013
Sixth Circuit Reverses Dismissal of Jail Medical Indifference Suit by Matthew Clarke by Matt Clarke On November 4, 2010, the Sixth Circuit Court of Appeals partially reversed the summary judgment granted to Michigan jail and medical personnel based on fatal deliberate indifference to a prisoner's serious medical needs. Deceased former …
Article • May 15, 2013
Oregon Prison Officials Not Immune for Sentence Miscalculation by The Oregon Court of Appeals held that prison officials are not immune from suit for miscalculating a prisoner's sentence by 13 months. In 2000, Chester Westfall was convicted of charges in Jackson County, Oregon, and sentenced to 34 months in prison. …
Article • May 15, 2013
$1 Million Settlement Reached in Michigan Teen Stun Gun Death by A Michigan Court approved a $1 million settlement to a family of a 15 year-old youth who died as a result of being hit with a stun gun by Bay City Police. In March 2009, Bay City Police were …
$57,500 Settlement for Texas Prison’s Discriminatory and Retaliatory Occurrences by In October 2006, the Texas Department of Criminal Justice (TDCJ) settled a suit for alleged discriminatory and retaliatory occurrences filed by former TDCJ's Parole Division Supervisor in San Antonio Manuel M. Mermea, Jr. In June 26, 2003, Mermea filed the …
$75 Awarded for Magazine Denial; Access to Personal Law Books Denied by On January 3, 2001 a U.S. Magistrate judge upheld the denial of a prisoner's access to personal law books and awarded $75 for magazines denied by the unit. Louisiana State prisoner Leo J. Schwartz, III was segregated over …
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