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Compensation for Wrongful Texas Conviction Not Barred by Prior Suit, Not Assignable by On June 8, 2007, the Texas Supreme Court held that compensation for wrongful imprisonment under Chapter 103, Texas Civil Practice and Remedies Code (CP&RC), was not barred by a previous lawsuit and settlement. However, such compensation was …
Article • October 15, 2009
No Damages for Georgia Prisoner Left Paraplegic After Prisoner Attack by A former Georgia prisoner won a liability claim against a guard at the Ware State Prison, but was not awarded damages. While serving a life sentence, Henry Leroy Martin was told by guard Timothy Bagley to remove another prisoner’s …
Article • October 15, 2009 • from PLN October, 2009
Fifth Circuit: Special Parole Review Request Doesn’t Toll AEDPA Limitations by The Fifth Circuit Court of Appeals held that improperly-filed state habeas corpus applications and requests to the parole board for special review do not toll the one-year AEDPA limitations period established by 28 U.S.C. § 2244(d). Barry Michael Wion, …
Human Rights Watch Report Calls to Reform PLRA by David Reutter by David M. Reutter “The PLRA has had a devastating effect on the ability of incarcerated persons to protect their health and safety and vindicate other fundmanetal rights,” concludes a June 2009 report titled No Equal Justice: The Prison …
Article • October 15, 2009 • from PLN October, 2009
District Court Erred in Sua Sponte Dismissal of Prisoner’s Challenge to Conditions of Confinement by The U.S. Court of Appeals for the Second Circuit reversed a district court’s sua sponte dismissal of a prisoner’s challenge to his conditions of confinement. Sala-Thiel Thompson, a federal prisoner, filed a habeas petition under …
Article • October 15, 2009 • from PLN October, 2009
Ninth Circuit: Refusal to Allow Cross-Examination of Lab Technician Violates Due Process by Brandon Sample The U.S. Court of Appeals for the Ninth Circuit held it was a violation of due process for a district court to deny a criminal defendant the right to cross-examine a lab technician who tested …
Article • October 15, 2009 • from PLN October, 2009
Filed under: Civil Procedure, Sanctions
Nebraska Prison Officials Must Pay Attorney’s Fees in Kosher Diet Case; Found in Contempt After Excrement Discovered in Prisoner’s Food by Brandon Sample Nebraska prison officials cannot delay paying $204,856.28 in attorney’s fees and costs awarded in a lawsuit where they were found to have violated the First Amendment and …
Article • October 15, 2009 • from PLN October, 2009
PLN Files Public Records Suit Against San Francisco County, Sheriff’s Office by On August 20, 2009, Prison Legal News filed suit in Superior Court against the City and County of San Francisco, the San Francisco Sheriff’s Department, Sheriff Michael Hennessey and City Attorney Dennis Herrera. The lawsuit alleges that the …
Glomar Response to Prisoner’s FOIA Request Insufficient by On February 28, 2008, U.S. District Court Judge Rosemary M. Collyer denied a summary judgment motion filed by the Bureau of Prisons (BOP) in a Freedom of Information Act (FOIA) suit challenging the BOP’s refusal to confirm or deny the existence of …
PLN Prevails in Motion to Unseal Settlement in CCA Class Action FLSA Case by On August 28, 2009, the U.S. District Court for the District of Kansas unsealed a settlement agreement in a nationwide class-action lawsuit against Corrections Corporation of America (CCA), the nation’s largest private prison firm. On July …
Article • October 15, 2009 • from PLN October, 2009
Los Angeles County Agrees to Pay $7,000,000 to Beaten Juvenile Prisoner by On March 27, 2009, Los Angeles County agreed to pay $7,000,000 to a youth that was severely beaten at the Barry J. Nidorf Juvenile Hall (Nidorf) in Sylmar, California after the youth was pressured, but refused, to join …
Article • October 15, 2009 • from PLN October, 2009
Indigent Connecticut Prisoners Entitled to Copies of Records Under FOIA Without Charge by On April 29, 2008, the Superior Court of Connecticut upheld the Connecticut Freedom of Information Commission’s decision to invalidate a state prison rule that prevented indigent prisoners from obtaining copies of records under the state’s Freedom of …
Second Circuit Reinstates New York Jail Guard’s Excessive Force Conviction by Matthew Clarke by Matt Clarke The Second Circuit Court of Appeals reinstated the federal conviction of a New York jail guard for intentionally using excessive force on a prisoner in violation of 18 U.S.C. § 242. Zoran Teodorovic, a …
Article • October 15, 2009 • from PLN October, 2009
Clerk Erred in Refusing to File Unsigned 28 U.S.C. § 2255 Motion by Clerk Erred in Refusing to File Unsigned 28 U.S.C. § 2255 Motion The U.S. Court of Appeals for the Eleventh Circuit held that it was error for a district court clerk to refuse to file an unsigned …
Article • October 15, 2009 • from PLN October, 2009
Injunction Against Missouri Sex Offender Halloween Restrictions Issued, Then Vacated by Matthew Clarke by Matt Clarke A Missouri federal judge issued an injunction against enforcement of a new Missouri law imposing Halloween-related restrictions on registered sex offenders. However, the Eighth Circuit Court of Appeals lifted the injunction on October 30, …
Article • October 15, 2009
$625,000 Jury Verdict in Negligence Suit for New York Hospital’s Failure to Protect Patient from Prisoner by In 1994 a New York County jury awarded a woman $625,000 in a lawsuit contending a hospital failed to coordinate a security plan with the Department of Corrections, resulting in a sexual assault …
LA Agrees To Pay $12,550,000 To Settle Police Brutality Suit by The City of Los Angeles has agreed to pay $12,550,000 to settle a class action suit brought by protesters who were injured and intimidated by the LAPD during a May 1, 2007, march protesting the treatment of immigrants and …
Article • October 15, 2009
Nevada Prisoners Can Not Use State’s Open Meeting Law to Circumvent Psych Review by The Nevada Supreme Court has held that a life-sentenced prisoner cannot sue the state’s Psychological Review Panel (Panel) for damages under the Open Meeting Law due to the Panel’s denial of a psychological clearance needed to …
Brief • September 16, 2009
Friedmann v. CCA, TN, Opinion, FOIA public records request, 2009 IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE June 25, 2009 Session ALEX FRIEDMANN v. CORRECTIONS CORPORATION OF AMERICA Appeal from the Chancery Court for Davidson County No. 08-1105-I Claudia C. Bonnyman, Chancellor No. M2008-01998-COA-R3-CV - Filed September 16, …
Anatomy of the Modern Prisoners’ Rights Suit: A Practitioner’s Guide to Successful Jury Trials on Behalf of Prisoner-Plaintiffs* by Alphonse A. Gerhardstein by Alphonse A. Gerhardstein+ Ed. Note: This article is written with the aim of assisting attorneys who are litigating prison-related lawsuits; however, it is also very helpful for …
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