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Brief • February 14, 2008
Payne v. Parnell, TX, Settlement Agreement, Cattle Prod Torture, 2008 Case No. bale_ Plaintiffs —CV i•12 ctL In the Di ;L(- Court of , Texas iccrytel Defendants SETTLEMENT AGREEMENT 1. The parties hereto agree to settle all claims and controversies between them, asserted or assertable in this case. 2. The …
Sykes v. Anderson, MI, Consolidated Trial Brief, Fabrication of Evidence, 2008 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KIMBERLY SYKES, Plaintiff v Case No. 05-71199 Judge Nancy G. Edmunds Magistrate Judge R. Steven Whalen DERRICK ANDERSON, CAROL NICHOLS, and MAURICE McCLURE, jointly and severally and in their …
Brief • February 1, 2008
USA v. Burge, IL, Indictment, Police Torture, 2008 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES OF AMERICA ) ) ) ) ) v. JON BURGE Violations: Title 18, United States Code, Sections 1512(c)(2) and 1621(1) COUNT ONE The SPECIAL FEBRUARY 2008-2 GRAND JURY charges: 1. …
Brief • January 31, 2008
Killmon v. City of Miami, FL, Mot for Final Part SJ, FTAA Protests 2008 Case 1:04-cv-20707-CMA Document 532 Entered on FLSD Docket 01/31/2008 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 04-CV-20707 - ALTONAGA/Turnoff KILLMON, et al., Plaintiffs, vs. CITY OF MIAMI, et al., …
Brief • January 18, 2008
Centinela v. Bacardi & Co, DDC, Order, Interrogation, 2008 Case 1:04-cv-02201-RCL Document 66 Filed 01/18/08 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) TEQUILA CENTINELA, S.A. de C.V., ) ) Plaintiff, ) ) v. ) ) BACARDI & COMPANY LIMITED, ) ) Defendant. ) …
Article • January 15, 2008
Filed under: Sentencing, Parole, Immigration
California Lifer’s Governor-Parole-Reversal Tossed by State Court by Marvin Mentor California Lifer's Governor-Parole-Reversal Tossed by State Court by Marvin Mentor A decision by Governor Schwarzenegger to reverse the Board of Parole Hearing's (BPH) grant of parole to an infirm, 82-year-old lifer was itself reversed by the California Court of Appeal. …
Article • January 15, 2008
Nebraska Tort Law Notice Inapplicable to Medical Contractor by In partially reversing a Nebraska federal district court's grant of summary judgment, the Eighth Circuit Court of Appeals has held the Nebraska State Tort Claims Act (NSTCA) does not apply to contracted medical service providers. That ruling came in the appeal …
Videotape Confidentiality Claim Requires Specifics of Reasoning for Review by A New Jersey Superior Court, Appellate Division, has held that a generalized confidentiality assertion by the Department of Corrections (DOC) was improper, and the DOC must present sufficient evidence to enable the court to review its confidentiality claim. The ruling …
Article • January 15, 2008
Washington Strip Search Statute Narrowly Construed; Inapplicable to Arrestees Confined Pending Release by The Washington State Court of Appeals held that state law does not authorize the automatic strip search of arrestees in custody who are pending release on bail or personal recognizance. Abra Plemmons was charged in Pierce County, …
Article • January 15, 2008
Settlement Involving Public Funds Discloseable Absent Contractual Confidentiality or Statutorily Protected Provisions by An anonymous Pennsylvania husband (plaintiff) filed a motion to seal his petition for settlement approval resulting from a malpractice suit following his wife's death. The court denied his motion because the information was made public upon the …
Article • January 15, 2008
Non-English Speaking Fed Prisoner Entitled to Representative at Prison Disciplinary Hearing by In 1976, Aharon Ron, a federal prisoner in Lexington, Kentucky, was found hiding in a barn with his visitor. He was infracted for being in an unauthorized area. Ron didn't understand English very well and, when presented with …
Article • January 15, 2008
Repatriated Federal Prisoner's Sentence Properly Calculated Under American Law by Sonny Odili, a federal prisoner, was sentenced to 100 months in a Panamanian prison after being caught grinding over 7,000 grams of cocaine so it could be smuggled into the U.S. He cooperated with Panamanian authorities in another prosecution but …
Article • January 15, 2008
Federal Prison Must Disclose Part of Investigation Manual by The federal prison at Forrest City, Arkansas (Prison) suspended for one day an employee represented by the American Federation of Government Employees (AFGE). The AFGE requested the Special Investigative Supervisor Manual (Manual), which the Prison refused to disclose. An administrative law …
Tennessee Prisoners Must Verify Truth of Petitions for Relief from Sentences by Daryl Holton and Paul Reid, Tennessee state prisoners, were sentenced to death on murder convictions. Neither appealed. Later, acting as "next friend," others filed petitions for relief on their behalf, claiming they were mentally incompetent. The petitions weren't …
Wrongful Death Suit Reinstated for Plaintiff Substitution; Dismissed Again by by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed the dismissal of a wrongful death suit and allowed the deceased prisoner's wife to be substituted as plaintiff. On remand, the United States District Court …
California Appellate Court Overturns $177,000 Prisoner Beating Verdict by by John E. Dannenberg The California Court of Appeal (4th District) has reversed a $177,000 jury verdict against Orange County and its Sheriff, Michael Carona, finding that no substantial evidence supported the verdict and that the award of punitive damages violated …
First Circuit Upholds Ex-Boston Guard’s 46-Month Prisoner-Abuse Sentence by Matthew Clarke First Circuit Upholds Ex-Boston Guard's 46-Month Prisoner-Abuse Sentence by Matthew T. Clarke The First Circuit Court of Appeals has upheld a 46-month prison sentence imposed on a former guard at the Nassau Street Jail in Boston, Massachusetts for beating …
Article • January 15, 2008
Ninth Circuit: Heck Favorable Termination Rule Applies to Civil Commitments by By John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the "favorable termination rule" of Heck v. Humphrey, 512 U.S. 477 (1994) [which requires that before a prisoner can bring a 42 U.S.C. § 1983 civil …
Relief for Unconstitutional Mississippi Death Row Conditions Affirmed on Appeal by Bob Williams By Bob Williams The United States Court of Appeals for the Fifth Circuit has affirmed most of the sweeping reforms to be implemented at the Mississippi State Penitentiary (MSP), Unit 32-C, Death Row. After several death row …
Article • January 15, 2008
Virginia Jail Pay-to-Stay Fee Constitutional by Bob Williams The United States Court of Appeals for the Fourth Circuit has upheld Virginia's county jail $1.00 per day pay-to-stay fee under the Due Process and Taking Clauses, even though the issue on appeal was the dismissal of the underlying action pursuant to …
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