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Judge Orders End to Recording of Attorney-Client Meetings at CCA’s Leavenworth Detention Center by Derek Gilna The Kansas Federal Public Defenders’ Office has challenged a scheme whereby officials at a detention center in Leavenworth, Kansas operated by Corrections Corporation of America (CCA) secretly video-recorded confidential attorney-client meetings. As a result, …
More Lawyers, Same Injustice by By Oren Nimni & Nathan J. Robinson, Current Affairs A case in Georgia has become notorious for its profanity. But it also says something about our public defender system… Last month, in a Georgia courtroom, defendant Denver Fenton Allen appeared in front of Judge Bryant Durham, …
Article • September 9, 2016
Filed under: Attorney Fee Awards
Supreme Court Holds Securing Injunction Justifies Award of Attorney's Fees by Matthew Clarke On November 5, 2012, the Supreme Court of the United States held that a plaintiff in a civil rights action pursuant to 42 U.S.C. § 1983 who secured a permanent injunction, but not nominal damages, was a …
Federal Death Penalty Case in Georgia Unravels, Triggering Investigation of Prosecutors by Derek Gilna A rare federal death penalty case in Georgia failed, costing taxpayers hundreds of thousands of dollars, and derailed the careers of two federal prosecutors, both of whom are no longer employed by the U.S. Attorney's Office …
Article • September 8, 2016
Filed under: Voting, Attorney Fee Awards
Additional Attorney's Fees Allowed in Ohio Voter-Registration Suit by Derek Gilna The Northeast Ohio Coalition for the Homeless (NEOCH) instituted a 42 U.S.C. Section 1983 case challenging the 2006 Voter ID law, which resulted in consent orders in 2006 and 2008. A similar action by the Service Employees International Union …
Article • September 6, 2016
Filed under: Attorney Fee Awards
Supreme Court: State Courts Must Adhere to Federal Rules as to Attorney Fee Awards under Sec. 1988 by In a state court § 1983 proceeding in which fees were awarded under § 1988, the state courts were bound to apply the Supreme Court’s interpretation of § 1988. Otherwise, as Justice …
Bureau of Prisons Pays $300,000 for Claim Relating to Beating of Prisoner by Christopher Zoukis The Bureau of Prisons agreed to settle claims relating to the severe beating of one inmate by another in February 1993. The plaintiff, Mark D. Lang, was beaten unconscious on the first day of an …
Article • September 2, 2016 • from PLN September, 2016
Securus Settles Lawsuit Alleging Improper Recording of Privileged Prisoner Calls by by Jordan Smith, The Intercept Attorneys and advocates for people incarcerated in local jails in Austin, Texas have settled a federal lawsuit against telecommunications company Securus Technologies, with an agreement ostensibly designed to ensure that privileged legal communications between defense …
Georgia Prosecutor Arrested for Political Ads; Had Previously Secured Indictment Against Judge by Northern Georgia Judicial Circuit District Attorney Parks White surrendered to the Hart County Sheriff’s Office to be booked and fingerprinted on June 20, 2016, before being released on a $1,000 signature bond. Senior Superior Court Judge Robert …
Article • August 25, 2016
Oregon Prosecutor & Defense Attorney Face Discipline for Illegal Confinement of Mentally Ill Defendant by The Oregon State Bar has voted to pursue disciplinary action against the Washington County District Attorney and a mentally ill criminal defendant's attorney for causing the man's illegal confinement. Donn Thomas Spinosa stabbed his wife …
Article • August 25, 2016
Filed under: Attorney Client
WDOC Adopts Policy Protecting Attorney-Client Communications by The Wyoming Department of Corrections (WDOC) has adopted a policy prohibiting WDOC employees from questioning prisoners about communications with their counsel. Wyoming prisoners Stephan Pevor and Ryan Forney sued the WDOC over its practice of questioning prisoners about attorney-client communications during investigations of …
Article • August 25, 2016
Filed under: Attorneys General
TN Attorney General Says Public Records Act Requires Disclosure After Redaction of Exempt Portions of Records by In September, 1998, the Tennessee Attorney General issued its opinion regarding the disclosure of records after redaction of legally exempt parts of the document, without any balancing of interests before disclosure. The AG …
Article • August 24, 2016
Tennessee Woman Award $71,343 in Attorney Fees in Public Records Suit by A Tennessee Appeals Court awarded $71,343 in attorney fees to a woman who brought suit to obtain public records. Rebecca Little sought records about sewer and other improvements the city of Chattanooga annexed in 1972. The Hamilton County …
Article • August 24, 2016
Second Circuit Upholds $286,000 Attorney Fees Award in $30,000 Civil Rights Case by Matthew Clarke On November 14, 2012, the Second Circuit court of appeals upheld the award of $290,997.94 in costs, of which $286,065.00 were attorney fees, in a case with a $30,000 judgment for plaintiffs. Deja Barbour, Shinnel …
Article • August 23, 2016
Texas Judge and District Attorney Allegedly Bribed to Let Killer Escape by Matthew Clarke In a case that is beyond the pale of the usual high level of corruption in south Texas, a state district judge, the District Attorney of Cameron County and an attorney who was formerly a state …
Article • August 22, 2016
$248,817.43 in Attorney’s Fees and Costs Awarded in Civil Rights Suit by U.S. District Judge Robert J. Bryan awarded $248, 817.43 in attorney’s fees and expenses to a plaintiff in a federal civil rights suit. The plaintiff in the case sued alleging that he was the target of unconstitutional profiling …
Fifth Circuit Reverses District Court's Denial of Appointment of Counsel by On March 6, 2009, Fifth Circuit reversed the district court's denial of appointment of counsel and upheld the dismissal of free exercise, equal protection and retaliation claims. Texas prisoner Willie Lee Garner filed a pro se lawsuit pursuant to …
Article • August 22, 2016
Department of Justice Expands Definition of Rape to "Ensure Justice" by Derek Gilna The U.S. Department of Justice (DOJ) has broadened the definition of rape, first established in 1927, to include "penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration …
Article • August 12, 2016
Filed under: Attorney Fee Awards
Ninth Circuit Upholds $697,971.80 in Fees on $27,280 Damage Award by Mark Wilson The Ninth Circuit Court of Appeals held that a lower court did not abuse its discretion in awarding $697,971.80 in attorneys' fees to a Plaintiff who was awarded only $27,280 in damages. Kim Muniz sued her employer, …
Article • August 11, 2016
$80,000 Minnesota Illegal Search & Seizure Verdict Upheld; Attorney Fees Slashed 50% by Mark Wilson A Minnesota federal court upheld an $80,000 jury verdict on illegal search and seizure claims. The court reduced Plaintiffs' requested attorney's fees by 50 percent, for a total fee award of $128,499.85. Just before 1 …
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