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Article • April 15, 2013
Maryland Prisoner Challenges State Indecent Exposure Laws by A divided Maryland Supreme Court affirmed in May 2012 the holding of the Circuit Court of Montgomery County in a case wherein a Maryland state prisoner sought to establish that enacted indecent exposure legislation intended for circumstances found in a prison setting …
Article • April 15, 2013
Massachusetts Court Releases Mental Health Detainee After State Blows Deadline by Derek Gilna The Supreme Judicial Court for the county of Suffolk, Massachusetts dismissed the case of David Gangi, confined pursuant to G.L. c 123A, Section 13(a) to determine whether or not "probable cause exists to believe that the person …
$8 Million Settlement by Michigan Jail over Baby's Injuries by An $8 million settlement was reached in a lawsuit claiming guards and officials at Michigan’s Wayne County Jail (WCJ) failed to treat a female prisoner in active labor, resulting in serious injury to the infant. When Chantrienes Barker was booked …
Article • April 15, 2013
Federal Jury Awards $561,582 to Survivors of California Man Killed by Police by On September 20, 2012, a California federal jury awarded a total of $411,582 to the family of a man fatally shot by Santa Rosa, California police. Richard DeSantis lived with his wife and two minor children in …
Article • April 15, 2013
Minnesota Supreme Court Halts Confinement Fees for Pre-Conviction Inmates by The Minnesota Supreme Court held in December 2009 that pre-conviction prisoners residing in county jails or similar facilities could not be required to pay costs of confinement. Andrew Tyler Jones stayed 286 days in Olmsted County Jail awaiting resolution of …
Article • April 15, 2013
Mississippi Judge Suspended 30 Days; Publicly Reprimanded; Fined $500; Assessed $100 Court Cost by On April 13, 2011, the Supreme Court of Mississippi disagreed with Mississippi Commission on Judicial Performance recommendation on a formal complaint filed against Lamar County Justice Judge Carol Ann Bustin, who was charged with executing a …
Article • April 15, 2013
Filed under: Private Prisons
Missouri Private Jail Assessed Back Sales and Use Taxes by The En Banc Missouri Supreme Court held that a private jail must pay $14,056.25 in sales tax and $5,459.79 in use tax, plus interest, on its purchase of prisoner meals, clothing, soap, shampoo, medical supplies and other consumables between 2000 …
Article • April 15, 2013
Missouri Supreme Court Remands Child Custody Case by A divided Supreme Court for the State of Missouri reversed in January 2011 a judgment in the termination of parental rights of E.M.B.R. (Mother) and the subsequent granting of the petition for adoption of C.M.B.R. (Child) into the care of M.M. and …
Article • April 15, 2013
Filed under: Civil Procedure, Costs
Montana Supreme Court Questions Court Costs for Indigent Defendant by The Montana Supreme Court ruled in May 2012 on limiting fines and costs in the case of George Moore, convicted of DUI. Moore was found guilty by jury in November 2010 and sentenced to thirteen months imprisonment and restitution of …
Article • April 15, 2013
Sixth Circuit Holds FTCA Bars False Arrest Claim; Summary Judgment for Media Upheld by The Sixth Circuit Court of Appeals affirmed the dismissal of a Tennessee woman's false arrest claims against the United States. It also affirmed the dismissal of defamation and false light claims against a media outlet. In …
Article • April 15, 2013
Sixth Circuit of US Court of Appeals Affirms Grant of Habeas Corpus by The United States Court of Appeals for the Sixth Circuit affirmed in May 2012 the order of the U.S. District Court for the Eastern District of Michigan conditionally granting the petition for habeas corpus relief in the …
Article • April 15, 2013
Sixth Circuit Upholds Kentucky Sex Abuse Case Dismissal; Case Filed Outside 1-Year Limitation Period by The Sixth Circuit Court of Appeals upheld the dismissal of a Kentucky woman's suit alleging that her probation officer sexually assaulted her. The court found that a one-year statute of limitations applied, and she filed …
Article • April 15, 2013
Filed under: Civil Procedure, Mandamus
Sixth Circuit US Court of Appeals Redefines Michigan Prisoner’s Mandamus by The United States Court of Appeals for the Sixth Circuit subjected a Michigan prisoner’s petition for a writ of mandamus to the five prong test case, John B. v. Goetz, 531 F.3d 457 (6th Cir. 2008), and other case …
Article • April 15, 2013
Statute of Limitations Kills Oregon False Imprisonment Suit by The Oregon Court of Appeals affirmed the statute of limitations dismissal of a former prisoner's false imprisonment suit. In three separate judgments, Loren MacNab was convicted of four counts of failing to register as a sex offender and sentenced to jail …
Article • April 15, 2013
Supermax Prisoner Denied FOIA and Privacy Requests by 10th Circuit by Derek Gilna Mark Jordan, a prisoner at the United States Penitentiary Administrative Maximum Facility (ADX), in Florence, Colorado, has been denied relief under the Freedom of Information Act (FOIA), 5 U.S.C. Section 552, and the Privacy Act (PA), 5 …
Article • April 15, 2013
Supreme Court of Arkansas Weighs Hospital's Private Doctors Against FOIA by The Supreme Court of Arkansas delivered opinion in April 2012 in a Freedom of Information Act (FOIA) action levied by a law firm against three doctors and ancillary institutions involved in a medical malpractice suit. The firm of Harrill …
Article • April 15, 2013
Tenth Circuit: Individual Damage Claims Improper Under RLUIPA; Right Against Rastafarian Haircut Not Clearly Established by The Tenth Circuit Court of Appeals upheld a lower court's dismissal of a Kansas Rastafarian prisoner's constitutional and statutory challenges to a requirement that he comb out or cut his dreadlocks. Sturgeon Stewart was …
Article • April 15, 2013
Tenth Circuit Reverses $8,000 Awarded for Attorney's Fee as Too Arbitrary by The Tenth Circuit reversed $8,000 awarded for attorney's fees. Michael Zinna used websites JeffcoExposed.Com and ColoradoExposed.Com to report on local government issues and provided a public service by encouraging transparency and accountability in Jefferson County government. He exposed …
Article • April 15, 2013
Third Circuit Denies Claim against Government for Attorney’s Fees under EAJA by Derek Gilna Dr. John Handron, a psychologist, failed in his attempt to win reimbursement for tens of thousands of attorneys' fees from the government he had incurred in defending the government's claim that he had overbilled Medicare more …
Article • April 15, 2013
Nebraska Sex Offender Argues Due Process in Appeal of Commitment Order by Before the Nebraska Supreme Court, Appellant S.J. challenged the lower court’s affirmation of the Mental Health Board of the Fourth Judicial District’s order terming him a “dangerous sexual offender” and as such confining him to an inpatient treatment …
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