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Article • May 15, 2007
Summary Judgment Dismissal Not Proper For Factual Disputes: Conspiracy Not Arbitrational Subject by Summary Judgment Dismissal Not Proper For Factual Disputes: Conspiracy Not Arbitrational Subject Former employee Lawrence Lederman and Intervenor Philip Shapiro brought actions against Lederman's former employer and Leeds, Morelli and Brown, P.C. (LMB), the law firm representing …
Article • May 15, 2007
Public Right To Judicial Proceedings Outweighs Private Parties' Confidentiality Agreements by Public Right To Judicial Proceedings Outweighs Private Parties' Confidentiality Agreements East Coast Media Companies appealed a sealing order by New Jersey Superior Court's Law Division for private parties' contractual agreements and court documents relating to an alternative dispute resolution. …
Settlement Reached In Indiana Juvenile Conditions Of Confinement Action by On February 8, 2006, the Indiana Department of Corrections (IDOC) reached a settlement agreement with the United States Department of Justice (DOJ) regarding conditions of confinement of juvenile prisoners at Logansport Intake/Diagnostic Facility and South Bend Juvenile Correctional Facility. The …
Years Later, $95,000 Attorney Fees Paid in Essex County Jail Conditions Suit by After 12 years of disputing the amount to be paid to Massachusetts Correctional Legal Servicer (MCLS) for attorney fees relating to a class action suit, officials in Essex County agreed on July 8, 2004, to pay $95,069.89 …
Article • May 15, 2007
$35,000 Verdict in District of Columbia Slip and Fall by As District of Columbia Lorton Correctional Facility prisoner Kevin Allan was exiting a prison van, he requested assistance to step on the milk crate used as a step. Despite being in leg irons, handcuffs, and a waist restraint, guards told …
Article • May 15, 2007
No Indemnification to Insurance Company from Killer by After Connecticut prisoner Kevin King received a $2,070,000 award in a civil rights case resulting from a beating he received during a failed prison escape, the insurance company that paid a $1,750,000 settlement for wrongful death relating to King's crime (a murder) …
No Absolute Immunity for Prison Disciplinary Board Members by The U.S. Supreme Court held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit. Respondents, former federal prisoners at the US penitentiary in Marion, Illinois, were charged with, among other things, …
Article • May 15, 2007
$500,000 Awarded Kansas Citizen For 25 Days False Imprisonment by Alonzo Echols, 48, is not Alonzo Eacholes, despite repeatedly telling officers, jails, and courts this. In February of 2000, Echols was arrested for felony battery on a warrant that should have been for Eacholes. His release took 18 months, though …
Article • May 15, 2007
Second Circuit: Bank Larceny Not Qualifying Federal Offense For Probationer's DNA Collection by Second Circuit: Bank Larceny Not Qualifying Federal Offense For Probationer's DNA Collection by Michael Rigby On January 10, 2005, the U.S. Second Circuit Court of Appeals held that bank larceny was not a "qualifying federal offense" for …
Article • May 15, 2007
Filed under: Sentencing, Parole
California Lifer Parole Denial Reversed Absent Evidence of Current Dangerousness by California Lifer Parole Denial Reversed Absent Evidence of Current Dangerousness by John E. Dannenberg The California Court of Appeal, Fourth District, granted a second degree murderer's habeas corpus petition and ordered the Board of Parole Hearings (BPH) to give …
Article • May 15, 2007
$49,500 Awarded To Florida Prisoner For Unconstitutional Removal Of Gain Time Credits by $49,500 Awarded To Florida Prisoner For Unconstitutional Removal Of Gain Time Credits Former Florida State prisoner Rogelio Ibarra's supervision time was increased by the Florida Department of Correction (FDOC) after holding a legislative change in incentive gain …
Article • May 15, 2007
No Right To Halal Meat for Washington State Prisoner If Kosher Fits Religious Needs by No Right To Halal Meat for Washington State Prisoner If Kosher Fits Religious Needs Pro se Washington State prisoner and Muslim Linniell Phipps claimed constitutional violations when his facility substituted Kosher meals for Halal meat. …
Article • May 15, 2007
Illinois Jail's Bail Bond Fees Upheld by The plaintiff arrestees sued because sheriffs were charging "bail fees," authorized by state statute, to persons who made bail by depositing their bond with sheriff. The fee was set at $1.00 by statute, with provisions for counties to raise it if an independent …
Article • May 15, 2007
Arkansas Medicaid Injunction Upheld by The district court enjoined proposed budget cutbacks on the ground that they would violate federal Medicaid law. The relevant statute, which has long been held to create a property interest, requires payment methods that assure that payments "are consistent with efficiency, economy, and quality of …
Article • May 15, 2007
Moving Case off Active Docket Not a Dismissal by The parties advised the court that the case would be settled, and hearing nothing to the contrary seven weeks later, it ordered the case "closed." However, the case really wasn't settled. When the parties reported that fact, the court declared that …
Article • May 15, 2007
BOP Skin, Retaliation Suit Dismissed by The plaintiff alleged that at a Pennsylvania federal prison he had a skin rash, itching, swelling, and other symptoms and was treated for an allergic reaction; he was told that the Bureau of Prisons would not pay for an allergist or dermatologist and he …
Connecticut Guards Firing for Motorcycle Gang Membership Denied PI by State correctional officers were issued "formal counseling" for violating the state's policy against engaging in conduct that constitutes or looks like a conflict of interest, engaging in unprofessional or illegal behavior that could reflect negatively on the agency, and acting …
Loss of Sentence Reduction for Positive Drug Test Upheld by The petitioner was prescribed an opiate for medical reasons and the next day tested positive for cocaine metabolites. The plaintiff was not denied due process by the failure to call the doctor who prescribed the opiate as a witness at …
Article • May 15, 2007
Filed under: Medical, Abortion, Damages
Punitive Damages of 31 to 1 Upheld in Abortion Access Suit by The court approves punitive damages under the Freedom of Access to Clinic Entrances Act against anti-abortion protesters who threatened the lives of abortion providers, in ratios to compensatory damages of up to 32 to 1. At 1063: "This …
Article • May 15, 2007
Supreme Court Rejects Time Limit Notices by Judges by The Ninth Circuit declared that partially unexhausted habeas petitions, which are subject to a total exhaustion rule under Rose v. Lundy (1982), should be subject to a "stay and abeyance" procedure designed to protect habeas petitioners from the interaction of the …
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