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California: ADA Protections Again Extended to Disabled State Prisoners Held in County Jails by On January 13, 2012, sixteen months following remand from the Ninth Circuit in the case of Armstrong v. Schwarzenegger, U.S. District Court Judge Claudia Wilken issued an order that again extended the protections of the Americans …
Article • August 15, 2012 • from PLN August, 2012
State Awarded Statutory Attorney Fees, Costs for Dismissed Washington PRPs by Mark Wilson The Washington State Court of Appeals has held that the state is entitled to statutory attorney fees following the dismissal of a personal restraint petition (PRP). After pleading guilty to witness tampering and burglary, Gregory Scott Bailey …
Article • August 15, 2012 • from PLN August, 2012
Fifth Circuit Rules on Prisoner’s ADA Claim; Issues Superseding Opinion by On October 14, 2010, the Fifth Circuit Court of Appeals found that Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, does not abrogate a state’s sovereign immunity when the misconduct complained of does not …
Article • August 15, 2012 • from PLN August, 2012
Fourth Circuit: Where Offer of Judgment is Silent as to Costs, Prevailing Party Entitled to Recover Attorney’s Fees by The Fourth Circuit Court of Appeals has held that “in an action brought under 42 U.S.C. § 1983, an offer of judgment pursuant to Fed.R.Civ.P. 68(a) which makes no mention of …
Article • August 15, 2012 • from PLN August, 2012
Ninth Circuit Grants Qualified Immunity to California Prison Officials for Denial of Outdoor Exercise During Lengthy Lock-down by On March 17, 2011, the Ninth Circuit Court of Appeals granted qualified immunity to California prison officials who had denied a prisoner outdoor exercise during a 15-month lockdown precipitated by a “particularly …
Article • August 15, 2012 • from PLN August, 2012
Tenth Circuit Affirms Denial of Qualified Immunity to Oklahoma Jail Official Who Failed to Follow Prescribed Medical Instructions by On October 14, 2011 the Tenth Circuit Court of Appeals affirmed a district court’s denial of summary judgment, on the ground of qualified immunity, to Payne County, Oklahoma jail administrator Brandon …
Article • August 15, 2012 • from PLN August, 2012
Filed under: CMS, Medical, HIV/AIDS
First Circuit Holds that Delay in Treating HIV May Constitute Deliberate Indifference by The First Circuit Court of Appeals reversed the grant of summary judgment to a physician assistant at the York County Jail (YCJ) in Maine, concluding that a material dispute existed as to whether the physician assistant acted …
Article • August 15, 2012 • from PLN August, 2012
New York Court of Appeals Holds Sex Offense Does Not Prove Parental Neglect by The New York Court of Appeals, the state’s highest court, has held that the fact that a defendant was convicted of a sex offense against a minor, was a level-three registered sex offender and had not …
Article • August 15, 2012 • from PLN August, 2012
New Jersey Appellate Court Holds Attorneys for Female Prisoners Temporarily Transferred to All-Male Facility May be Entitled to Fees by The Appellate Division of the Superior Court of New Jersey has held that the attorneys who represented a class of female prisoners temporarily transferred to the all-male New Jersey State …
Article • August 15, 2012 • from PLN August, 2012
Single Incident of Deliberate Indifference Insufficient to Establish Policy or Custom by The Eleventh Circuit Court of Appeals has affirmed a district court’s grant of summary judgment on the grounds that the plaintiff’s evidence, which indicated a single case of a constitutional violation, did not prove a private medical provider …
Texas Teenager Killed at Private Juvenile Detention Center by Matthew Clarke by Matt Clarke On October 10, 2011, 14-year-old Jordan Adams was found unconscious on the floor of his isolation cell at the Granbury Regional Juvenile Justice Center (GRJJC) in Granbury, Texas. A sheet was wrapped around his neck. He …
Ninth Circuit Holds BOP Individual RDAP Determinations Not Subject to Judicial Review by Individualized decisions related to the federal Bureau of Prisons’ (BOP) Residential Drug Abuse Program (RDAP) are not subject to judicial review under the Administrative Procedure Act (APA), the U.S. Court of Appeals for the Ninth Circuit has …
Article • August 15, 2012 • from PLN August, 2012
Filed under: Sentencing, Good Time
No Good Time for Time Spent in State Custody before Imposition of Federal Sentence by Good conduct time (GCT) may not be awarded to a federal prisoner for time spent in state custody before receiving his federal sentence, the U.S. Court of Appeals for the Ninth Circuit has held. Russell …
Article • August 15, 2012 • from PLN August, 2012
Washington State Court of Appeals Holds Payments to Class II Prison Workers Are “Wages” for Time-Loss Compensation Calculations by Matthew Clarke by Matt Clarke On April 13, 2011, a Washington state Court of Appeals held that money paid to Class II prison workers counted as “wages” for purposes of calculating …
Brief • August 15, 2012
Filed under: Staff-Prisoner Assault
Anna O. v. State of New York, NY, Settlement, Prisoner Raped by Corrections Officer, 2012 ANNA O. v. THE STATE OF NEW YORK, # 2012-013-035, Claim No. 114085, Motion No. M-81256 Synopsis Claimant awarded $605,750 for her total damages sustained after she was raped by a New York State correction …
Brief • August 15, 2012
Allen v. Heyns, MI, Complaint, Class Action, Parolable Life Sentences, 2012 STATE OF MICHIGAN IN THE 30TH (INGHAM COUNTY) CIRCUIT COURT ______________________________________________ EDWARD ALLEN, OLIVER HARDY, and MICHAEL WATKINS, on behalf of themselves and all others similarly situated, Plaintiffs, File No. 12-907-CZ v. Hon. Joyce Draganchuk DANIEL HEYNS, Director of …
Brief • August 14, 2012
Usa v Fldoc Fl Civil Certf Cancel Prison Kosher Meals 2012 Case 1:12-cv-22958-PAS Document 1-2 Entered on FLSD Docket 08/14/2012 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA No. 1:12-cv-22958 United States of America, Plaintiff, v. Secretary, Florida Department of Corrections, et. al., Defendants. _____________________________/ CIVIL …
Brief • August 13, 2012
Filed under: RLUIPA, Religious Property
Yellowbear v. Lampert, WY, Pltf. Appeal Brief, Religious Property, 2012 Appellate Case: 12-8048 Document: 01018896457 Date Filed: 08/13/2012 Page: 1 ,', ', .. ; ,·' j UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ANDREW J. YELLOWBEAR, JR., Plaintiff/Petitioner - Appellant, v. Defendants/RespondentAppellee. ) ) ) ) ) ) …
Brief • August 13, 2012
Filed under: Stun Guns/Tasers
Hollman v. Taser International Inc, Exhibits Taser Knowledge of Metabolic Acidosis 2012 LAW OFFICES OF FREDERICK K. BREWINGTON ATTORNEYS AND COUNSELORS AT LAW 556 PENINSULA BOULEVARD HEMPSTEAD, N.Y. 11550-4282 ___ TELEPHONE: (516) 489-6959 FACSIMILE: (516) 489-6958 FREDERICK K. BREWINGTON ——— IRA FOGELGAREN ——— GREGORY CALLISTE, JR. VALERIE M. CARTRIGHT August …
Aksu v. County of Contra Costa, CA, Complaint, Unlawful Arrest and Entrapment, 2012 .J GEARINGER LAW GROUP 1 825 VAN NESS AVENUE, 4TH FLOOR 'SAN FRANCISCO, CALIFORNIA 94109-7847 Tel. (415) 440-3102 2 4 BRIAN GEARINGER (State Bar #146125) R. STEPHEN M. LAROE (State Bar #245269) 5 LAW OFFICES OF CASPER, …
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