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Article • May 15, 2007
Filed under: Civil Procedure, Discovery
Interrogatory Limit Increases by In measuring compliance with the 25-interrogatory limit of Rule 33(a), Fed.R.Civ.P., subparts should count as separate interrogatories if they seek information about discrete subjects, but questions about communications of a particular type should be treated as a single interrogatory even if it requests that time, place, …
Article • May 15, 2007
Expert Witness Can Change Opinion At Any Time by The court allows a supplementary report by plaintiffs' expert in a RICO case based on misrepresentations about the effects of tobacco "to accommodate the scientific process seeking truth" (486) even though it was submitted during the trial only a few days …
Article • May 15, 2007
Filed under: Attorneys, Attorney Client
Attorney Client Privilege Must Be Assented in Timely Manner by At 521: "The failure to provide a timely privilege log or to describe the documents in conformity with the Local Rules may result in a waiver of the privilege." At 523: Nonetheless, the court excuses a failure to assert the …
$1 Awarded To Utah Prisoner After Untimely Appeal Fails by Former Utah pre trial detainee Charles Farnsworth filed a Federal civil rights complaint against Salt Lake County Sheriff Aaron Kennard, the Salt Lake County Jail, and Salt Lake County Jail Captain David Glad, alleging denial of his First Amendment rights …
$900,000 Settlement In Eugene, Oregon Police Sexual Assault Civil Rights Case by Unknown plaintiffs filed a Federal civil rights complaint against the City of Eugene, Oregon, claiming that Eugene Police Officer Roger Magena and other unnamed officers engaged in a pattern of sexual misconduct reported by citizens, due to insufficient …
Article • May 15, 2007
$221,000 Settlement For 8 Year Old Jailed In Alleged New Mexico School Misconduct by $221,000 Settlement For 8 Year Old Jailed In Alleged New Mexico School Misconduct On April 17, 2006, Angela Esquibel, the mother of 8 year old Jerry Trujillo, was awarded $221,000 in a Federal civil rights complaint …
Article • May 15, 2007
Filed under: International, Immigration
Seventh Circuit Holds Fugitive Disentitlement Doctrine Inappropriate Sanction For Honest Intentions by Seventh Circuit Holds Fugitive Disentitlement Doctrine Inappropriate Sanction For Honest Intentions Telesforo Gutierrez Almazan was found guilty of feloniously aggravated sexual abuse of a minor in 1994. In 2006, Immigration Officials ordered him removed. He filed a petition …
$1,000 Verdict in Religious Freedom Case by Michigan prisoner David Marsh is a follower of Wicca. He had previously prevailed in a lawsuit requiring the Michigan Department of Corrections to recognize Wicca as a religion. Despite that order, prison officials refused Marsh the opportunity to practice a part of his …
Article • May 15, 2007
$1 Verdict in BOP Retaliation Case by While imprisoned at the federal lockdown prison in Marion, Illinois, prisoner Joseph Dougherty began criticizing the conditions of confinement. Prison officials then transferred him and confiscated a $100 postal money order. He filed suit alleging retaliation. A jury entered a verdict on Dougherty's …
Article • May 15, 2007
$1,660,000 Verdict for False Arrest by New York City Police Officer Sammy Gaurd was about to place a parking ticket on John McLaughlin's vehicle, when McLaughlin, who was a city meter operator, got into a verbal dispute with Gaurd, calling him an idiot. Gaurd then assaulted McLaughlin and arrested him …
Article • May 15, 2007
$70,000 Verdict in Georgia Prisoner's Assault by Guards by After he was escorted to his cell for disciplinary segregation, Georgia prisoner Ernest D. Johnson was beat unconscious by guards Brian Breeden and Sgt. Rudolph Gomez. Once inside the cell, the guards attacked Johnson. They choked, stomped, and struck him with …
Article • May 15, 2007
$105,000 Verdict in Michigan Illegal Imprisonment by Three to four months after completing their Michigan prison sentences in 1994, Willie Thomas, Jr., Larry Reed, and Edward Grant were picked up and imprisoned in Jackson prison without a hearing. The defendant prison officials believed they had miscalculated the time served by …
Article • May 15, 2007
$225,000 Settlement in Rape by Idaho Prison Guard by Guard John Pribble was a sexual predator overseeing women held at the Idaho State men's prison for orientation or punishment. On two occasions he removed the female plaintiff from her cell, taking her to his office to rape her. Pribble was …
Article • May 15, 2007
Offer of Judgment Must Include Attorney Fees by The plaintiff filed a class action against a collection agency and the defendant served an offer of judgment for the maximum amount that the plaintiff could recover, plus $500 for attorneys' fees and costs. The offer of judgment to the named plaintiff …
Article • May 15, 2007
Class Certified in CT Syringe Exchange Search Suit by The plaintiffs challenged a police practice of searching and arresting persons who participated in the Bridgeport Syringe Exchange Program, and moved for class certification. At 331: Numerosity "'is presumed at a level of 40 members' of a putative class." Exact class …
Article • May 15, 2007
Class Action With 30-40 Members Certified by The court certifies a class in a case alleging racial discrimination in housing based on census data and various calculations and assumptions suggesting that there are 30 to 40 potential class members---i.e., African Americans who have been racially steered by a particular company. …
14 Deputies Who Kill Person in Courtroom Not Entitled to Judicial Immunity by The non-prisoner decedent persisted in trying to ask the judge a question and he told the deputies to restrain him. So 14 of them jumped on him and killed him. The deputies' conduct is not shielded by …
Article • May 15, 2007
Police Rape Plaintiff Allowed to Sue Anonymously by The plaintiff alleged that she had been sexually assaulted by a state trooper. Her case was consolidated for discovery with three other similar cases against the same trooper. The court permits the plaintiff to proceed under a pseudonym, since she has taken …
Sex Offender Treatment Records Not Subject to Discovery by The plaintiff was raped in a McDonald's parking lot and sued the company. The rapist is now in prison and receiving mental health treatment, and the victim is seeking his prison mental health records. Under state law (the case being a …
Police Misconduct Reports Must be Disclosed in Discovery by The plaintiff complained of excessive force by the police and sought information about internal investigations. State law exempting internal investigative and other files from disclosure does not govern privilege issues in federal claim cases. The court directs production of the date …
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