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Article • December 15, 2007
Oregon Protesters Awarded $845,000 in Excessive Force Actions by The City of Portland agreed to pay $300,000 in damages and $545,000 in attorney's fees to twelve protesters who brought excessive force actions against the Portland Bureau. On August 22, 2002, President Bush visited Portland, Oregon. As a Republican fundraiser was …
Article • December 15, 2007
PLRA 150% Attorney Fee Cap Applies to All Attorney Work, Including Appellate Work by The Sixth Circuit Court of Appeals has held "that the PLRA applies to all attorney fees generated by a prevailing party -- trial, post-trial, and on appeal." The PLRA, or Prison Litigation Reform Act, limits attorney …
Article • December 15, 2007
$250,000 Settlement Received in Massachusetts Police Beating by After mediation with a federal magistrate, a Boston man agreed to drop his excessive force suit against Worcester City, Massachusetts in exchange for $250,000 in 2006. Charles Evangelista sued the city and six police officers after suffering a ruptured bladder while being …
Public Has Right to Investigative Reports from Wyoming Prisons by A Wyoming federal district court has held that the public has a right and responsibility to review investigative reports of incidents at the Wyoming Sate Prison (WSP). The Court's ruling comes in a class action suit initiated by WSP prisoner …
Article • December 15, 2007
Michigan: $3.3 Million Settlement for 9 Years Wrongful Imprisonment by On September 5, 2005, a man who spent nine years in prison for a rape he didn?t commit settled with the Township of Clinton, Michigan, for an approximate total of $3,338,160. Kenneth Wyniemko was convicted in 1994 of raping and …
Article • December 15, 2007
Alabama Court Allows City Clerk's Addition To Records Request Statute by Alabama citizen and suit representative Kay Blankenship appealed a 1991 court ruling delaying her petition for injunction and allowing Hoover City Finance Director Richard Smith to require written reasoning for public records requests. Blankenship refused to comply and brought …
Article • December 15, 2007
Alabama Court Orders Birmingham Police Department, City Council Audit Reports Disclosed by Birmingham, Alabama, City Council Director Hoyt Bedingfield appealed a permanent court injunction grant to the Birmingham News Company (media) requiring the production of two internal audit reports. The court affirmed judgment because the reports were "public writings" subject …
Tennessee Public Records Act Requires Fees For Copying, Production by Pro se Tennessee State prisoner Omawali Shabazz, aka Fred Dean, appealed a 1999 ruling denying certain documents and requiring fees for others. Dean had brought an action to compel the production of documents from various Tennessee Department of Corrections personnel, …
Article • December 15, 2007
Pregnant Woman’s Ingestion of Cocaine Not Delivery to Her Baby in Texas by Pregnant Woman's Ingestion of Cocaine Not Delivery to Her Baby in Texas by Matthew T. Clarke On February 14, 2007, the Texas Court of Criminal Appeals (CCA) held that a pregnant woman who ingested cocaine did not …
Article • December 15, 2007
Texas Prisoners Have No Lawful Right To Their Own Records by Pro se Texas State prisoner Kenneth Hickman appealed a court's dismissal of his action to compel Warden David Moya to produce records regarding an alleged false prison report. The court affirmed judgment dismissing his action as frivolous. After his …
Article • December 15, 2007
8th Circuit Upholds Federal DNA Collection Statute by Ray Kraklio, a federal parolee, was directed to provide a blood sample for DNA testing. He refused, and his parole officer moved the federal district court to amend his conditions of release to require him to provide the blood sample. Over Karklio's …
South Carolina Litigation Act Does Not Apply to Post-conviction Proceedings by South Carolina state prisoner Stacy Wade pled guilty to various drug charges. Without filing a direct appeal, he filed for post conviction relief (PCR) for allegedly being coerced into the plea bargain. Wade's testimony of coercion at his PCR …
Warrantless Arrest Warrants Prompt Probable Cause Hearing, Abused Innocent Detainee Prevails by Mistakenly accused Chicago resident Joseph Lopez was arrested with probable cause after a witness identified him in a shooting that killed a 12 year old boy. After the actual murderer confessed, Lopez filed suit for constitutional violations. The …
Article • December 15, 2007
Tennessee Prisoners Have No Right to Specific Classification, Only the Determination Thereof by Tennessee State prisoner Davalon Higgins applied for work release at Middle Tennessee Correctional Center Annex (MTCC) in 2003 and was denied because his record indicated he was a member of a Security Threat Group (STG). His complaint …
Article • December 15, 2007
Federal Prisoner Receives Maximum 46 Month Sentence For Knife Possession by Federal prisoner Randolph Charles appealed a 2006 decision based on then-mandatory guidelines under 18 U.S.C. § 1791. He received a maximum 46-month sentence for possession of a six-inch makeshift plastic knife. The U.S. Court of Appeals for the Third …
Article • December 15, 2007
Texas Prisoners Have No Right to Record Requests by Texas State prisoner Larry Moore sought review of a 1996 dismissal of his writ of mandamus petition challenging limited access to his medical records by custodian Pamela Henry. Dismissal was affirmed because prisoners have no statutory right to request records in …
Document's Exemption From Production Under Act Dependant On Pending Charges Outcome by Georgia State prisoner Byron Parker petitioned for review of a 1986 court ruling denying him access to files for his potential post-conviction relief. A pending rape charge statutorily determined denial. The denial was reversed for a lack of …
Georgia Death Row Prisoner Not Afforded Evidence To Litigate Case by Georgia death row prisoner Ellis Felker appealed by way of mandamus a 1996 court ruling that the Houston County District Attorney (DA) complied with the production of records under the Open Records Act (Act). Additional materials were discovered last …
Article • December 15, 2007
Settlement Agreement Confidentiality Provisions Maintained, Not Exposed In Courtroom Dispute by Georgia's Savannah College of Art and Design, Inc. (SCAD), appealed a 1998 court order unsealing settlement documents between the SCAD and the School of Visual Arts (SVA). The agreement's provisions stipulated to strict confidentiality. The court reversed the disclosure …
Article • December 15, 2007
Charging Excessive Fees Preparing, Producing Records Prohibited Under Freedom Of Information Act by The South Carolina Civil Justice Coalition (CJC) probed the Office of the Attorney General (AG) for an opinion regarding excess fees for requesting documents under the Freedom of Information Act (FOIA) and clarification as to who determines …
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