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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 …
Why False Imprisonment Recoveries Should Not Be Taxable by Robert Wood by Robert W. Wood1 Claims for false imprisonment may be brought in various ways under federal or state law. An individual who has been wrongfully incarcerated may sue under 42 U.S.C. Section 1983 for a violation of his constitutional …
Texas’ Parole Condition X Violates Due Process by Gary Hunter Texas’ parole Condition X has come under scrutiny in a federal court case. On December 12, 2008, a U.S. magistrate judge issued a 30-page order granting partial summary judgment in favor of parolee David Brian Jennings, after concluding that the …
Article • September 15, 2009 • from PLN September, 2009
$2.16 Million Settlement in Dauphin Pennsylvania Jail Strip Search Lawsuit by A class action lawsuit alleging illegal strip searches occurred regularly at Pennsylvania’s Dauphin County Prison (DCP) has been settled for $2.16 million. The class claimed they were arrested on minor charges and strip searched without any particularized suspicion that …
Article • September 15, 2009 • from PLN September, 2009
Third Circuit Upholds Ban on UCC Materials; Sixth Circuit Disagrees by Brandon Sample The Pennsylvania Department of Corrections (PDOC) may lawfully ban the receipt and possession of materials related to the Uniform Commercial Code (UCC), the Third Circuit Court of Appeals held on July 29, 2008. In a more recent …
Article • September 15, 2009 • from PLN September, 2009
New York’s Correction Law § 24 Held Unconstitutional by US Supreme Court by Brandon Sample New York’s Correction Law § 24 Held Unconstitutional by US Supreme Court by Brandon Sample New York’s Correction Law § 24, which prevents prisoners from bringing 42 U.S.C. § 1983 actions for damages against prison …
Article • September 15, 2009 • from PLN September, 2009
Sixth Circuit Overturns $625,000 Verdict for Ohio Prisoner Sexually Abused by Guard by Brandon Sample In what one judge described as a “legal travesty,” on March 13, 2009, the U.S. Court of Appeals for the Sixth Circuit overturned a jury verdict in favor of a prisoner who had been sexually …
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