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Article • August 15, 2008
ID Prisoner's State Habeas Action Properly Dismissed Without Appointing Counsel by Kenneth Quinlan, an Idaho state prisoner, was sentenced to life on a 1973 murder conviction. He was paroled in 1985 and his parole was revoked in 1994. At the time of his conviction the parole board had to consider …
Article • August 15, 2008
Ninth Circuit Faults Mootness Dismissal, Denial of Counsel by The Ninth Circuit Court of Appeals vacated the mootness dismissal of an Idaho prisoner’s conditions of confinement suit. The Court also found that it was an abuse of discretion to dismiss without ruling on the prisoner’s request for appointment of counsel. …
Article • August 15, 2008
N.Y. Injured Prisoner Held Partially Liable For Facility's Inadequate Equipment And Supervision by New York State prisoner Charles Moran brought suit against the state for labor law violations and improper supervision and equipment after falling from a ladder at the Watertown Correctional Facility (WCF) in 2002. The labor law claims …
Article • August 15, 2008
KY Lethal Injection Not Unconstitutional; Upheld by U.S. Supreme Court by Ralph Baze and Thomas Bowling, both Kentucky state prisoners, were sentenced to death after being convicted of double murder. They immediately challenged the constitutionality of the state’s lethal injection protocol. The trial court dismissed the case, and the appellate …
Article • August 15, 2008
Filed under: Police, False Arrest
$65,000 Paid to Ohio Anti-War Protesters in False Arrest Settlement by The City of Kent (Ohio) agreed to pay anti-war protesters $65,000 after they filed a civil suit against police for being arrested without probable cause in 2003. An anti-war rally at Kent State University went awry when protesters exited …
Article • August 15, 2008
Job Reallocation of Washington DOC Employee Deemed Age Neutral by Washington State’s Court of Appeals, Division I, has affirmed a trial court’s grant of summary judgment in favor of the Department of Corrections (DOC) in a lawsuit alleging employee age discrimination. Nineteen-year DOC veteran Mary Mckee contended her reassignment to …
Article • August 15, 2008
OH PRA Requires Prisoners to Obtain Court Order Finding that Requested Records are Necessary to Support Valid Claim by Robert Russell, an Ohio state prisoner, filed a mandamus action in state court to compel police to provide him with copies of offense and incident reports in his criminal case, pursuant …
Article • August 15, 2008
Ohio City Settles Suit Over Police Cover-Up in Murder Investigation for $1.5 Million by James Cramer and William Nuss, Sharonville Ohio police officers, investigated the 1931 murder of Marie Schuholz and her roommate. Marie’s children believed that her estranged husband, Albert Schuholz, had killed her after she filed for a …
Oregon Prison Disciplinary Fines Upheld by On December 14, 2005, an Oregon court of appeals upheld the statutory authority of the Oregon Department of Corrections (DOC) to impose monetary fines for disciplinary violations. Jacob Henry Barrett, an Oregon state prisoner, filed a petition for judicial review of two DOC administrative …
Ohio Guards Win $475,000 in Sex Discrimination Suit by Bonnie Jayne, Christina Nichols, Jaqueline Hurst, Tia Hazinakis, Bonnie Flynn, Nicole O'Brien and Karen Martin, all guards at a correctional facility in Trumbull County, Ohio, sued the county in federal district court for gender discrimination. They claimed that the discrimination resulted …
PA Prisoner’s Civil Rights Action Viable Because Factual Dispute Exists by Vincent Cortlessa, a Pennsylvania state prisoner, sued guards and Primecare Medical, a private health care company, in federal district court after the guards beat him and the health care company failed to provide adequate care. He argued that these …
Paralegal Services Reimbursed at Market Rate Under Federal EAJA by The Richlin Security Service Co. (Richlin) provided guards for U.S. government detainees at the Los Angeles International Airport during the 1990s. Contract ambiguities resulted in Richlin guards being underpaid. In 1995, the U.S. Department of Labor ordered the government to …
Article • August 15, 2008
CA Teacher Wrongly Arrested for Sexual Misconduct; Wins Nearly $4.5 Million by Patrick Gillan, a teacher and coach for the girls basketball team at a high school in San Marino, California, was arrested for sexual misconduct involving one of his players. The only evidence against him was the girl's inconsistent …
Article • August 15, 2008
9th Circuit Reverses Non-exhaustion Dismissal Due to Unavailable Forms by The Ninth Circuit Court of Appeals reversed a district court’s dismissal under 28 U.S.C. § 1915A(b) of a Nevada prisoner’s § 1983 action for failure to exhaust administrative remedies. Citing Wyatt v. Terhune, 315 F3d 1108 (9th Cir. 2003), the …
Article • August 15, 2008
Outside Spiritual Leaders Must be Allowed Access to Prisoners by In 2004, prisoners at the Indiana State Penitentiary were denied Moorish Science services because spiritual leaders were suspended from entering the prison. The warden said the suspension was only temporary, but wasn’t clear about what had to be done to …
Article • August 15, 2008
Statute of Limitations May Toll While Prisoner Exhausts Administrative Remedies by In 2003, William Howell, a state prisoner, sued jail guards in federal district court under 42 U.S.C. § 1983 for an incident that occurred over two years before he filed suit. Since the applicable statute of limitations was two …
Brief • August 15, 2008
USA v. Eberle, MI, Mot to excl evidence, sheriff excessive force, 2008 Case 2:08-cr-20139-SFC-PJK Document 28 Filed 08/15/2008 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, CRIMINAL NO. 08-20139 HON. SEAN COX -vsD-1 JOSEPH EBERLE, Defendant. ______________________________/ MOTION TO …
Pearson v. Callahan, SCOTUS, Amicus Brief for Respondent, 2008 No. 07-751 IN THE Supreme Court of the United States CORDELL PEARSON, et al., Petitioners, v. AFTON CALLAHAN, _______________________________ Respondent. ON WRIT OF CERTIORARI TO THE U NITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT BRIEF OF AMICI CURIAE NATIONAL …
Brief • August 13, 2008
Ware v. Town of Haverstraw et al, NY, Order, police public records, 2008
Brief • August 13, 2008
Filed under: Qualified Immunity
Pearson et al v. Callahan, US, Amicus Brief - NPAP and AAJ, qualified immunity Saucier, 2008 No. 07-751 IN THE Supreme Court of the United States CORDELL PEARSON, et al., Petitioners, v. AFTON CALLAHAN, _______________________________ Respondent. ON WRIT OF CERTIORARI TO THE U NITED STATES COURT OF APPEALS FOR THE …
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