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Article • May 15, 2013
Absolute Prosecutorial Immunity Denied by Second Circuit Court of Appeals reversed a complaint pursuant to Federal Rule of Civil Procedure 12 (B)(6) for absolute prosecutorial immunity. Stephanie Flagler, a victim of domestic violence from her ex-boyfriend Brandon Becker, was to testify as the complaining witness. Just days prior to trial, …
Article • May 15, 2013
Additional Attorney's Fees Allowed in Ohio Voter-Registration Suit by Derek Gilna The Northeast Ohio Coalition for the Homeless (NEOCH) instituted a 42 U.S.C. Section 1983 case challenging the 2006 Voter ID law, which resulted in consent orders in 2006 and 2008. A similar action by the Service Employees International Union …
Article • May 15, 2013
Alabama Supreme Court Upholds Exemption for DOC Driver’s Liability by The Supreme Court of Alabama ruled in June 2006 for the state in a lawsuit that arose out of a state prisoner, Warren R. Robinson, on work-release and driving a Department of Corrections (DOC) van, backing into the vehicle of …
Article • May 15, 2013
Appeal Court Criticizes Jury Instruction, Upholds Conviction by Ronald Charles Peppers appealed his jury-trial conviction for assaulting a federal officer under 18 U.S. C. Section 111(a)(1)1. Peppers was asleep when federal officers entered his darkened trailer to effectuate an arrest, and there was a struggle in which Peppers bit one …
Article • May 15, 2013
Arkansas Supreme Court Affirms FOIA’s Emphasis on Disclosure of Public Records by In June 2012, the Arkansas Supreme Court held that the state’s Freedom of Information Act (FOIA), codified at Ark. Code Ann. §§25-19-101 to -110, permits a public agency to refuse to comply with a request for disclosure of …
Article • May 15, 2013
California Appellate Court Balks at Permitting Pay Raises for Corrections Medical Employees Without First Obtaining Legislative Approval by In October 2012, the Third District Court of Appeal overturned an arbitrator’s ruling that certain medical employees of the California Department of Corrections and Rehabilitation (CDCR), requested by the Service Employees International …
Article • May 15, 2013
Court of Appeals Upholds Judicial Immunity in Civil Rights Claim by The United States Court of Appeals for the Eighth Circuit affirmed in August 2012 the judgment of the U.S. District Court for the Eastern District of Missouri, that the civil rights claims against state court Judge Patrick Young be …
Article • May 15, 2013
Denying Male Domestic Violence Victims Aid is Unconstitutional by The California Court of Appeals held that the gender-based denial of domestic violence services to male victims deprives those victims of equal protection of the law. Four men and the daughter of one, sought to escape relationships which subjected them to …
Article • May 15, 2013
Department of Justice Expands Definition of Rape to "Ensure Justice" by Derek Gilna Department of Justice Expands Definition of Rape to "Ensure Justice" by Derek Gilna The U.S. Department of Justice (DOJ) has broadened the definition of rape, first established in 1927, to include "penetration, no matter how slight, of …
Article • May 15, 2013
Filed under: Mental Health
Eighth Circuit Denied an Escapee's Insufficient Psychiatric Claim by Eighth Circuit Court of Appeals denied a 5th Amendment claim for due process violation for the right to present a defense. James Edward Thornberg, a federal prisoner in Duluth, Minnesota before he escaped, was serving a 96-month sentence for wire fraud …
Article • May 15, 2013
Filed under: Civil Procedure, Damages
Eleventh Circuit Court of Appeals Strips Plaintiff of Punitive Damages by The U.S. Court of Appeals for the Eleventh Circuit heard a second appeal in May 2012 in a privacy case involving Larry Flynt Publishing Group, LLC (LFP) and the estate of a deceased model. Maureen Toffoloni, the mother and …
Article • May 15, 2013
Ex-prisoners' Petition for Restoration of Firearm Rights Denial Reversed by On September 14, 2012, Supreme Court of Virginia considered two separately granted and briefed appeals as one because they represented the same question of law. Scott A. Gallagher and George Junior Vanover had both received orders from the governor's office …
Article • May 15, 2013
Florida Supreme Court Bars Repetitious Prison Litigant by The Florida Supreme Court imposed sanction on a state prisoner for repeatedly filing meritless legal petitions with both the First District Court of Appeals and the Florida Supreme Court. Shernerd Richardson was serving his sentence for a sex offense when he appealed …
Article • May 15, 2013
Hearst Television Wins Right to Know Case against Pennsylvania Coroner by Hearst Television, Inc., through its television affiliate WGAL-TV and reporter, Daniel O'Donnell, finally prevailed on its appeal to the Pennsylvania Supreme Court that it was entitled to obtain information responsive to a records request with the Cumberland County Coroner, …
Article • May 15, 2013
Mississippi Supreme Court Reverses $12.7 Million Tax Overpayment Award in AT&T’s Favor by Mississippi Supreme Court Reverses $12.7 Million Tax Overpayment Award in AT&T’s Favor In September 2012, the Supreme Court of Mississippi reversed a Hinds County Chancery Court ruling that awarded AT&T nearly $13 million as a result of …
Article • May 15, 2013
No Collateral-Order Review of Refusal to Quash; Seventh Circuit Would Affirm on Merits by The Seventh Circuit Court of Appeals held that it lacked jurisdiction to hear a collateral-order appeal of two non-party state agencies that unsuccessfully moved to quash subpoenas. Even if it had appellate jurisdiction, however, the court …
Article • May 15, 2013
Filed under: Civil Procedure, Service
Ohio Supreme Court: Due Process Not Satisfied by Procedure Requiring Parties to Monitor Internet for Property Foreclosure Sales by In September 2012, the Ohio Supreme court held that it was insufficient for due process purposes to serve constructive notice on a party via the Internet, where the party has a …
Rearrest Improperly Frustrates Oregon Speedy Trial Rights by The En Banc Oregon Supreme Court held that the State may not thwart speedy trial rights by releasing and re-arresting criminal defendants. Oregon criminal defendants may be held in custody just 60 days before trial, ORS 136.290(1). If trial is not commenced …
Article • May 15, 2013
Registered Sex Offender Not Required to Reregister After Overnight Jailing by A registered sex offender was arrested on a non-related charge. After one night in jail, he failed to comply with the West Virginia Sex Offender Registration Act by not reregistering by the third business day. The State indicted Timothy …
Article • May 15, 2013
Seventh Circuit Permits Insurance Company to Deny Coverage of Civil Rights Claims by Derek Gilna The city of Waukegan, Illinois had been issued two comprehensive general liability Insurance policies, effective November 1, 1991 to November 1, 1995. Both policies contained a “law enforcement liability provision,” providing that the insurer “would …
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