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Citizen Complaints Against Police Officer not Exempt from Disclosure under Illinois FOIA by On July 20, 2009, the Illinois Court of Appeals affirmed in part, reversed in part and remanded for further proceedings the dismissal of a complaint filed by G. Mark Gekas against the Sheriff of Sangamon County seeking …
Article • December 15, 2009
Defamation Claim Filed by Hawai'i Sex Offender Labeled as Murderer Dismissed by On June 30, 2009, a Hawai'i Appellate Court filed its decision affirming the trial court judgment to dismiss a complaint filed on September 11, 2002 by a convicted sex offender, Waldorf Roy Wilson. Defendants in the complaint were …
Article • December 15, 2009
Prisoner Wrongful Death Suicide claim Dismissed as Untimely by In a decision filed on June 9, 2009, the West Virginia Supreme Court affirmed a circuit court's dismissal of a wrongful death claim filed by the estate of a prisoner who allegedly killed himself at a local jail because the case …
Article • December 15, 2009
Request for "Information" is Not Subject to Washington Public Records Act by Request for "Information" is Not Subject to Washington Public Records Act In a published opinion filed June 22, 2009, a Washington appellate court affirmed a lower court's ruling regarding an alleged Public Records Act (PRA) request made by …
Statute of Limitations Bars Damages Claim for Voluntary Participation in Human Experiments; Ninth Circuit Reverses and Remands; Case Settles for $1.5 Million by An Oregon federal district court granted summary judgment against a former prisoner who brought suit on his behalf and that of a class of Oregon Department of …
TDCJ Guards Denied Qualified Immunity in Failure to Protect Case by On April 14, 2004, the Texas Department of Criminal Justice (TDCJ) agreed to pay $84,000 to settle a lawsuit filed by Texas prisoner Eugene Cantu. The original complaint was filed July 3, 2000 pursuant to 42 U.S.C. § 1983 …
Article • November 15, 2009 • from PLN November, 2009
$1.55 Million Awarded in Female Colorado DOC Prisoner’s Rape by Guard by Mark Wilson On February 3, 2009, default judgment was entered in a lawsuit filed against a Colorado prison guard who had raped and sodomized a female prisoner. Afterwards, several other individual defendants and the Colorado Department of Corrections …
Article • November 15, 2009 • from PLN November, 2009
Indiana Supreme Court Holds Sex Offender Registration Act Unconstitutional When Applied Retroactively by In a courageous and controversial ruling, a unanimous Indiana Supreme Court held on April 30, 2009 that state statutes collectively referred to as the Indiana Sex Offender Registration Act, when applied to Richard Wallace, a child molester …
Article • November 15, 2009 • from PLN November, 2009
California Death Row Court Monitoring Discontinued by Michael Brodheim Almost thirty years after it began, federal court supervision over conditions at San Quentin’s death row – the nation’s largest, now housing 685 condemned prisoners – came to an end in April 2009. A group of death-sentenced prisoners filed suit in …
Article • November 15, 2009 • from PLN November, 2009
Texas Supreme Court: Prisoner May Appeal Despite Incomplete Indigence Affidavit by Matthew Clarke by Matt Clarke On May 16, 2008, the Supreme Court of Texas held that an indigent prisoner whose indigence was uncontested may proceed with an appeal despite deficiencies in his affidavit of indigence. Lawrence Higgins, a Texas …
Ninth Circuit: “Three Strike” Conviction Does Not Allow Use of Old Offenses for Impeachment Purposes in § 1983 Suit; Heck Does Not Bar Admission of Evidence by John Dannenberg Ninth Circuit: “Three Strike” Conviction Does Not Allow Use of Old Offenses for Impeachment Purposes in § 1983 Suit; Heck Does …
Article • November 15, 2009 • from PLN November, 2009
Wisconsin Courts Sealing Cases by David Reutter by David M. Reutter A basic principle of the American court system is that the public has a right to know what happens in the nation’s courtrooms. In Wisconsin, however, that principle has been compromised to protect certain parties in court proceedings, including …
Devoe v. Broaddus, CO, Second Amended Complaint, Medical Negligence, 2009 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00711-PAB-BNB DEBRA KAY DEVOE, Plaintiff, vs. MARK BROADDUS in his Individual Capacity as Warden, SUSAN ROBERTS in her Individual Capacity as CNM, NP, JENNIFER COUNTRYMAN-TRUJILLO, in …
Brief • October 22, 2009
Filed under: Declaratory Judgment
Williams v Kitsap County, WA Declaration Wrongful Prosecution, False Imprisonment, 2009 Oct-20-09 CuttingEdgeTrain;ng Case10:29 3:08-cv-05430-RBL Document 150 Filed 10/22/2009 3606714180Page 1 of 20 llONORABLE RONALD FI LEIGHTON 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASIlTNGTOl\ AT TACOMA 7 9 10 v. 12 14 1$ DECLARA TlON OF …
Significant Injury Showing Not Required to Defeat Qualified Immunity in Excessive Force Case by The U.S. Court of Appeals for the Fifth Circuit rejected a claim for qualified immunity by a Texas prison guard who used excessive force against a prisoner. Texas state prisoner Marcus Brown alleged that in 1998 …
New York City Liable for Foreseeable Prisoner-on-Prisoner Murder by The Appellate Department of the New York Supreme Court held that because New York City (NYC) jail guards escorting a prisoner had “actual knowledge” of his previous violent assaultive behavior, they could not evade liability for the prisoner’s act of murdering …
Article • October 15, 2009
Texas Supreme Court: Mailbox Rule Applies to Notice of Appeal by On June 29, 2007, the Supreme Court of Texas held that the “mailbox rule” for incarcerated litigants applies to a civil notice of appeal. Armando Ramos, a Texas state prisoner, filed a medical malpractice suit in state court. The …
Article • October 15, 2009
Fifth Circuit: PLRA Exhaustion Requirement an Affirmative Defense by On July 5, 2007, the Fifth Circuit Court of Appeals held that failure to meet the PLRA’s exhaustion requirement is an affirmative defense and prisoners are not required to plead exhaustion in their complaints, nor can a district court of its …
Article • October 15, 2009
Connecticut Prisoners’ FOIA Indigence Determination Cannot Include Cost of Incarceration by Connecticut’s Freedom of Information Commission (Commission) has declared void a Connecticut Department of Corrections (CDOC) policy that denied fee waivers to indigent prisoners who file Freedom of Information (FOI) requests. The Commission ordered the CDOC to use the same …
Article • October 15, 2009
California Court Explains Interaction Between Prison Administrative Appeal, State Tort Claim, Notice of Suit and 42 U.S.C. § 1983 Remedies by California Court Explains Interaction Between Prison Administrative Appeal, State Tort Claim, Notice of Suit and 42 U.S.C. § 1983 Remedies In an unpublished opinion, the California Court of Appeal …
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