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Oklahoma Discipline Vacated Following Ruling in Gamble; No Evidence Violates Due Process by The Tenth Circuit Court of Appeals held that an Oklahoma prisoner was denied due process of law when he was punished in the absence of evidence to support the disciplinary violation. Oklahoma prisoners "are required to keep …
Article • January 15, 2008
Police Documents Sought under Public Records Act Exempt for Irreparable Harm Probability by The Chronicle Publishing Company, dba Worcester Telegram and Gazette (T&G), motioned for a preliminary injunction in 1999 to obtain records regarding internal police reports from Worcester Chief of Police Edward Gardella and the City. The City refused, …
Police Informant's Identity Protected; Investigation Spurred by Accusation Merit Less by Pennsylvania policeman Mathew Barton appealed the dismissal of his action to compel Inspector Ralph Penco, the Police Commissioner, and the City of Philadelphia to disclose the identity of an informant who accused him of receiving stolen property. No action …
Article • January 15, 2008
Police Test Scores Disclosure Ordered Under Pennsylvania's Right to Know Law by Pennsylvania newspaper The Times Leader (TTL), a division of Cypress Media, Inc., appealed the dismissal of its action to compel the production of records regarding the test results of police candidates on the list for the City of …
Article • January 15, 2008
Private Parties Cannot Contract Away Right to Access Public Records by Pennsylvania accounting firm Cogen, Sklar and Levick (Firm) petitioned for declaratory judgment that a settlement agreement's terms of confidentiality exempted the agreement's public disclosure. The insurance department, a party to the agreement, along with the Philadelphia Enquirer, filed preliminary …
Article • January 15, 2008
Protection from Personal Document's Disclosure Does Not End With Death in Pennsylvania by Temple University law student Hayes Hunt petitioned the court to review the Pennsylvania Department of Corrections' (DOC) 1996 order denying his request for medical and mental health records of executed prisoner Leon Moser. The denial was affirmed …
Article • January 15, 2008
Psychological Records' Denial Upheld; Specificity in Request Required under Pennsylvania Act by Pro se Pennsylvania state prisoner Amitha Nanayakkara appealed the court's dismissal of his petition for a writ of mandamus to obtain records for use in filing a civil suit in federal court. The denial and dismissal were upheld …
Article • January 15, 2008
Records Requested by Victim Ordered When Police Failed to Justify Lawful Exemption by Massachusetts resident Tameeka Messier filed a motion to compel to acquire documents from the Boston Police Department, Area D 14 (BPD), regarding an injury she allegedly suffered in 1997 during a concert. The BPD failed to present …
Records Unsealed, Doors Re-opened to Proceedings in Maryland Police Shooting Settlement by Maryland newspaper The Baltimore Sun (Sun) sought reversal of a 1999 court order closing courtroom doors and sealing records in a civil settlement for wrongful death following a shooting by police. On a writ of certiorari, the appellate …
Article • January 15, 2008
Right to Know Act Not Need Based, Only Statutory Definitions Required by Pro se Pennsylvania state prisoner Christopher Neyhart appealed the State Department of Corrections' (DOC) refusal to produce for inspection his urinalysis reports to prove his parole revocation was unfounded. The court held that Neyhart did not set forth …
Article • January 15, 2008
Filed under: Sentencing, Parole
California Lifer Entitled to New Parole Hearing, but Not Limited to Just “New Evidence” by California Lifer Entitled to New Parole Hearing, but Not Limited to Just "New Evidence" by Marvin Mentor The California Court of Appeal, 6th District, agreed with the superior court below that a lifer who had …
Article • January 15, 2008
Commutation Decision, Not Reasoning, Discloseable Under Act in Board of Pardon's Denial by Pennsylvania state prisoner Frank Senk sought review of the Board of Pardon's (Board) refusal to produce files related to the Board's continuous denial of his application for commutation. The court ruled that disclosure of the requested documents …
Article • January 15, 2008
Conflicts in Statute Regarding Document Disclosures Yield to Right to Know: Settlement Ordered Released by The Westmoreland County Housing Authority (WCHA) sought review from an appellate order affirming the production of records regarding a settlement agreement between the WCHA's former employee and its insurer. The document was again determined to …
Article • January 15, 2008
Court Orders Disclosure of Witness' Information Regarding Lethal Injection Executions in Pennsylvania by Pennsylvania death row prisoner Michael Travaglia appealed the Department of Corrections' (DOC) 1996 refusal to disclose to his attorney, Mark Lesco, various documents regarding lethal injection procedures and the selection process and identities of witnesses to executions. …
Article • January 15, 2008
Disclosure of Drug Detecting Devices and Specific Operation Details at Prison Prohibited by Pro se Pennsylvania state prisoner George Vargo petitioned for review of documents regarding drug detection equipment after the Pennsylvania Department of Corrections (DOC) denied disclosure in 1998. The court affirmed the denial as to specific methods used …
Article • January 15, 2008
Documents Exempt from Viewing under Public Records Act Allowed with Confidentiality Agreement by Because of an underlying civil action brought in Massachusetts against the Bright Horizons Children's Center, Inc. (the Center), alleging sexual abuse of a minor child, the Center sought records of the completed investigation from the district attorney …
Article • January 15, 2008
Documents Explaining $145 Million Paycheck from Commonwealth Public Funds Not Discloseable by Pennsylvania Senators Gerald Lavalle and Richard Kasunic (Senators) appealed a court's ruling denying them access to a report involving disbursement of public funds. The funds were used to settle an action against the Commonwealth for breech of contract. …
Article • January 15, 2008
Illinois Seizes Prisoner’s Life Insurance Inheritance by Illinois Seizes Prisoner's Life Insurance Inheritance Leonce J. Ruckman, an Illinois state prisoner who has been incarcerated since 1988, received the benefits of his mother?s life insurance policy after she died. He used some of the money to purchase a MetLife annuity with …
Article • January 15, 2008
Municipal Agreements with Contract Insurance Agencies are Public Record by Westmoreland County Housing Authority (WCHA) appealed a 2001 order of the Commonwealth Court of Pennsylvania requiring them to disclose a settlement agreement to the Tribune Review Publishing Company (Tribune) under the state's Right to Know Act (Act). The WCHA claimed …
Pennsylvania DOC's Nondisclosure of Documents Regarding Chemical Incident Upheld by Court by Pennsylvania state prisoner Christopher Heffran petitioned for review of the Department of Corrections' (DOC) non-production of requested documents regarding his asthma attack. The DOC stated that the requested documents were not public records under the Right to Know …
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