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Title IX Does not Preclude § 1983 Action for Gender Discrimination by Title IX Does not Preclude § 1983 Action for Gender Discrimination The U.S. Supreme Court has held that Title IX does not preclude a 42 U.S.C. § 1983 action alleging unconstitutional gender discrimination in schools. The action stems …
Article • September 15, 2009
Washington State Jail Guards Lose Overtime Suit by The Washington State Supreme Court has held that “delayed” payment of wages beyond the time frame set forth in former WAC 296-128-035 does give rise to employer liability under the Wage Rebate Act (WRA), but only where the delay is “willful.” The …
Massachusetts Federal Court Dismisses DOC from Prisoner's Rape Suit; Amendment Allowed by On October 24, 2008, a Massachusetts federal court dismissed the claims against prison official defendants (defendants) by a former Massachusetts Department of Corrections (DOC) prisoner who allegedly had between 50 and 100 sexual encounters with a former guard. …
Minnesota Court Awards $146,546.19 for Failing to Provide Deaf Interpreter by On February 17, 2005 a Minnesota state court awarded a prisoner $7,500 in damages and fined the Minnesota Department of Corrections (DOC) $1,000 for failing to provide an American Sign Language (ASL) interpreter for a prisoner in the Sex …
Article • September 15, 2009
Texas Court of Appeals Orders Clerk to File Prisoner's Notice of Appeal by On November 26, 2008, a Texas court of appeals granted a petition for a writ of mandamus and ordered the District Clerk of Walker County, Texas, to file a prisoner's pro se notice of appeal. Clifford Allen …
Article • September 15, 2009
Governor and His Chief of Staff Not Subject to Deposition by On August 14, 2008, a California magistrate judge issued an order requiring Governor Arnold Schwarzenegger, Chief of Staff Susan Kennedy and Deputy Cabinet Secretary Robert Gore (Defendants) to submit to depositions by Plaintiffs in a case involving California prison …
Article • September 15, 2009
Houston Police Department Motion for Protective Order Denied by On October 10, 2008, A Texas district court declined to grant a full protective order restricting discovery filed by the Houston Police Department (HPD) in a case stemming from the fatal shooting of Roland Carnaby by two Houston police officers, Charles …
Article • September 15, 2009
Punitive Damages Alone Entitles Plaintiff to Attorney Fees under § 1988; Kerr-Selgas Doctrine Does not Apply to § 1983 Actions by Punitive Damages Alone Entitles Plaintiff to Attorney Fees under § 1988; Kerr-Selgas Doctrine Does not Apply to § 1983 Actions On January 30, 2009, the First Circuit remanded the …
Adams v. CCA, CO, Plf Res to Def Res to Mot to Strike injuries, prison riot, 2009 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: …
Brief • August 20, 2009
Prison Legal News v. City and County of San Francisco, CA, Complaint, Public Records Request, 2009 1 SANFORD JAY ROSEN - 062566 KENNETH M. WALCZAK - 247389 2 ELIZABETH H. ENG - 239265 3 ROSEN, BIEN & GALVAN, LLP 3 15 Montgomery Street, 10th Floor 4 San Francisco, California 94104-1823 …
Brief • August 20, 2009
Howard v. Clarkson, CO, Stipulated Protective Order, inmate threats extortion complaints, 2009 Case 1:06-cv-00282-PAB-CBS Document 194-2 Filed 08/20/2009 USDC Colorado Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 06-cv-00282-PAB-CBS SCOTT L. HOWARD, Plaintiff, v. CAPTAIN JOHN CLARKSON, in his individual and …
Article • August 15, 2009 • from PLN August, 2009
Denial of Bedding, Clothes to Florida Prisoner States Claim by Florida’s First District Court of Appeal held that a prisoner’s civil rights complaint alleging that a guard denied him blankets, bed sheets and clean clothing for four-and-a-half months, causing illness and injury, stated a claim that was sufficient to withstand …
Article • August 15, 2009 • from PLN August, 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 …
Indiana Lifelong Violent Offender Registration Preliminary Injunction Upheld in Part by On December 29, 2008, an Indiana Court of Appeals upheld a superior court’s preliminary injunction against lifelong registration for violent offenders. A July 1, 2007 Indiana statute added people who had been convicted of certain violent crimes to the …
$1,423,127 in Attorney Fees Awarded in Taser Suit; Damages Reduced by A California federal district court has awarded $1,423,127 in attorney fees in the first lawsuit to result in a verdict against TASER International for failing to warn purchasers its electronic control devices pose a risk of acidosis, to a …
Article • August 15, 2009 • from PLN August, 2009
Seventh Circuit Vacates Dismissal for Failure to Prosecute; $50,000 + Fees Awarded Following Remand by The Seventh Circuit Court of Appeals has reversed a district court’s dismissal of a prisoner’s suit for failure to prosecute. The appellate court found the severe sanction of dismissal was not justified. Illinois prisoner Amilcar …
Article • August 15, 2009 • from PLN August, 2009
Illinois Court of Appeals: Prisoner Has Standing to Sue Ameritech for Fraud by On July 1, 2008, an Illinois Court of Appeals held that a prisoner had standing to bring a claim against Ameritech for consumer fraud. Johnnie Flournoy, an Illinois state prisoner at the Joliet Correctional Center, filed suit …
Article • August 15, 2009 • from PLN August, 2009
AZ Sheriff Joe Arpaio Loses Three Public Records Cases by by Matt Clarke The Maricopa County Sheriff’s Office (MCSO) and Sheriff Joe Arpaio have lost three public records cases in the Arizona Court of Appeals, including one where they were ordered to pay over $25,000 in attorney fees. The first …
Article • August 15, 2009 • from PLN August, 2009
Nebraska: Tape-Recorded, Restricted-Calling Prison Telephone System Passes Constitutional Muster by John Dannenberg by John E. Dannenberg The Nebraska Court of Appeals has upheld administrative regulation 205.3 (AR 205.3) of the Department of Correctional Services (DCS), which restricts prisoner phone calls to land-line, nonconference-call recipients and authorizes tape-recording of all non-attorney …
Absent Claim for Emotional Damages, Prisoner’s Psychotherapist-Patient Privilege Remains Intact by The Second Circuit U.S. Court of Appeals has entered a detailed opinion on the issue of psychotherapist-patient privilege when a district court is confronted with a request by prison officials to obtain a prisoner’s psychiatric records in discovery in …
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