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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 …
Article • August 15, 2009 • from PLN August, 2009
Prolonged Bench Restraint and Excessive Pepper Spraying Requires Trial by The Eighth Circuit Court of Appeals has reversed a grant of summary judgment to prison officials in a prisoner’s lawsuit alleging Eighth Amendment violations when guards restrained him on a bench for 24 hours for refusing to accept a cell …
Article • August 15, 2009 • from PLN August, 2009
Fourth Circuit Upholds Prisoner Exclusion in Virginia FOIA by The Fourth Circuit Court of Appeals upheld the constitutionality of excluding prisoners from the right to obtain public records under Virginia’s Freedom of Information Act (FOIA), Va. Code Ann. §§ 2.2-3700 to 3704 (2005). Joseph M. Giarratano, a Virginia state prisoner, …
FedCURE Entitled to Fee Waiver for FOIA Request by Brandon Sample On March 19, 2009, U.S. District Judge Reggie Walton granted a motion for summary judgment filed by FedCURE, a non-profit organization that advocates for federal prisoners and their families, in a suit filed under the Freedom of Information Act …
Brief • August 1, 2009
Jackson et al v. City of Pittsburg, CA, Plf Requests for PoD to Def, disclosure of internal police records, 2009 1 2 3 4 5 6 LAW OFFICES OF PANOS LAGOS Panos Lagos, Esq. / SBN 61821 5032 Woodminster Lane Oakland, CA 94602 (510)530-4078 (510)530-4725/FAX panoslagos@aol.com Attorney for Plaintiffs, FREDERICK …
Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act by Margo Schlanger by Margo Schlanger and Giovanna Shay** Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to …
Supreme Court Holds Supervisory Officials Not Liable for Abuse of 9-11 Detainees by Matthew Clarke by Matt Clarke On June 14, 2007, the Second Circuit Court of Appeals affirmed in part and reversed in part a district court’s denial of the government’s motion to dismiss a lawsuit alleging abuse of …
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