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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 …
Article • April 15, 2013
Nevada Public Records Act Requires State to Provide Log of Basic Information About Withheld Information by In a unanimous opinion, the Nevada Supreme Court has held that, as a general matter, the state's Public Records Act (PRA) requires a state entity withholding requested records to provide the requesting party with …
Article • April 15, 2013
Filed under: Mail, Publications/Books
Ninth Circuit Affirms Confiscation of Book about Black Panthers Sent by Mail to Prisoner by In an unpublished opinion, the Ninth Circuit affirmed the grant of summary judgment to prison officials who confiscated a book from a prisoner’s incoming mail. In 2009, prison officials seized a book, The Black Panthers …
Article • April 15, 2013
Ninth Circuit: Officer May Be Liable for Unlawful Seizure and Conspiracy by On September 29, 2011, the Ninth Circuit Court of appeals held that a Michigan police officer who conspired to falsely arrest a man was not entitled to summary judgment. Nidal Bazzi, a felon on federal supervised release, was …
Article • April 15, 2013
Filed under: Media
NJ Supreme Court Hears Defamation Suit against Local Newspaper by The Supreme Court of New Jersey decided a defamation and false-light suit in February 2012 for the defendants, principals with the weekly local newspaper, The Nutley Sun. The suit was initiated by two individuals who were the subject of civil …
Article • April 15, 2013
North Dakota Supreme Court Clarifies Child Support Lien Issues Regarding State Prisoner by The Supreme Court for the State of North Dakota affirmed the judgment of the Ward County District Court, Northwest Judicial District of North Dakota, affirming an administrative enforcement action placing a lien, ordered September 28, 2011, on …
Article • April 15, 2013
Nurse Settles Washington DOC Wrongful Termination Suit by In the Superior Court of Snohomish County, State of Washington, Plaintiff Annette Belden settled for $100,000 in May 2004 a wrongful termination suit against the Washington Department of Corrections. Belden, an employee at the Washington State Reformatory in Monroe, Wash., worked as …
Article • April 15, 2013
Ohio Supreme Court Affirms Denial of Cincinnati Enquirer's FOI Request by The Cincinnati Enquirer's request for access to certain records of the Cincinnati Police Department pursuant to R.C. 149.43, the Public Records Act, has been denied on right to privacy grounds by the Ohio Supreme Court. Affirming an appellate court …
Article • April 15, 2013
Oregon Jury Awards $11,250 for False Arrest by On November 7, 2012, a Vancouver, Washington, man who was arrested for refusing to consent to a police search of his pockets was awarded $11,250. Sometime after midnight, in November, 2009, Jose Gasque, then 29, was sitting on a Portland, Oregon, curb …
Article • April 15, 2013
Filed under: Sentencing
Oregon Prison Assault Brings Attempted Murder Charge by An Oregon prisoner faces attempted murder charges and at least 10 more years in prison for brutally assaulting another prisoner at an intake facility in December 2011. While at the Coffee Creek Correctional Facility's (CCCF) Intake Center in December 2011, prisoner James …
Article • April 15, 2013
Oregon Cop Sued for On-duty Forced Fellatio by A woman who was forced to perform oral sex on an on-duty Beaverton, Oregon police officer has brought federal suit against the officer and the City. On at least two occasions in 2010, Beaverton police officer Joshua Michael Jensen, 27, arranged to …
Article • April 15, 2013
State Official Charged with Sex Crime by A New York parole board member has been charged in federal court with attempting to solicit an underage girl for sex. George Ortloff, a former Republican New York lawmaker, was arrested on October 13, 2008 at an undisclosed hotel in Colonie, New York. …
Article • April 15, 2013
Two Women Sue for Oregon Guard's Sexual Abuse by Two women have brought suit against Marion County, Oregon, alleging that they were sexually abused for more than a year by a guard of Marion County Work Release Center. As we've previously reported, on December 8, 2011, the Marion County Sheriff's …
Article • April 15, 2013
Oregon Cop Guilty of Federal Child Porn Charge; State Charges Still Pending by A Portland, Oregon police officer who was responsible for registering sex offenders pleaded guilty to a federal charge of receiving child pornography and still faces trial on several state sex crimes. Scott E. Elliott, 50, was a …
Article • April 15, 2013
Former OK Guard Sentenced to 21 Months in Federal Prison by In January 2009, former Oklahoma guard Jarrod Yates was sentenced to 21 months in federal prison for punching, kneeing, and stomping an arrestee on his head and face, causing serious injuries, in violation of the arrestee’s civil rights. The …
Article • April 15, 2013
Filed under: Sentencing, Habeas Corpus
Denial of Washington Misdemeanor Electronic Monitoring Credit Upheld by The Washington State Court of Appeals held that refusing to grant misdemeanor offenders credit for electronic home monitoring, while granting such credit to felons does not deprive misdemeanants of equal protection or due process of law. The court also held that …
Article • April 15, 2013
Dismissal of §1983 Challenge to Alabama's Lethal Injection Procedure Reversed by Dismissal of §1983 Challenge to Alabama's Lethal Injection Procedure Reversed On March 21, 2012, the 11th Circuit Court of Appeals reversed and remanded with instructions a death row's prisoner's lethal injection procedure claim. Alabama State prisoner Thomas D. Arthur, …
Article • April 15, 2013
Eighth Circuit Court Considers Prison Religious Practices Suit by The United States Court of Appeals for the Eighth Circuit in May 2012 per curiam affirmed the finding for the state in the Eastern District Court of Arkansas in which a Religious Land Use and Institutionalized Persons Act (RLUIPA) suit was …
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