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Article • May 15, 2007
Commercial Speech Protection Extends to Sender & Recipient by The United States Supreme Court held in a Virginia case that First Amendment protections related to commercial speech are enjoyed by both the advertisers who seek to disseminate information and the intended recipients of that information, stating: If there is a …
Dismissal for Want of Jurisdiction is Judgment With Prejudice in Texas by Matthew Clarke by Matthew T. Clarke On May 28, 2004, the Supreme Court of Texas held that a dismissal of a suit against a governmental entity for want of jurisdiction under the Texas Tort Claims Act is a …
Article • May 15, 2007
Unsentenced Convicted Prisoners Subjected to Sandin v. Conner by The Fifth Circuit court of appeals held that prisoners, who have been convicted, but not yet sentenced, are to be treated the same as sentenced prisoners with regards to their entitlement to due process under Sandin v. Conner. Terry D. Tilmon, …
Article • May 15, 2007
Ohio Prisoner Awarded $90.50 For Lost Property, Filing Fee by On August 19, 2004, the Ohio Court Of Claims awarded $90.50--to be paid by the Ohio Department of Rehabilitation and Correction (DRC)--to a state prisoner whose property was confiscated and then lost by DRC personnel. Mark Wooden, a prisoner at …
Article • May 15, 2007
Filed under: PLRA, Attorney Fees (PLRA)
PLRA Attorney Fee-Award Criteria "Directly Incurred" and "Degree Of Success" Explained by John Dannenberg PLRA Attorney Fee-Award Criteria "Directly Incurred" and "Degree Of Success" Explained by John E. Dannenberg After a successful jailhouse lawyer retaliation suit (see: PLN, March '03, p.20, $90,169 Plus Injunction In California Retaliation Suit), prison official …
Article • May 15, 2007
No Forfeiture of Good Time for Frivolous Habeas in Texas by Matthew Clarke by Matthew T. Clarke The Texas Court of Criminal Appeals (CCA) has held that the statute providing for forfeiture of good time belonging to a prisoner who filed a frivolous lawsuit does not apply to state habeas …
Article • May 15, 2007
FL Cops Sic Dog On Suspect; Court Remits Damage Award by On January 29, 2003, Broward County sheriff's deputies went to an apartment in Ft. Lauderdale, Florida to arrest Henry Lafavors. Deputy Olarte entered the apartment and deployed a police dog to subdue Lafavors, who sustained numerous dog bites. He …
Article • May 15, 2007
Prisoner's Records Request Tolls Statue of Limitations by The Second Circuit Court of Appeals held a statue of limitations is tolled between the period a prisoner requests records and the time he receives them. This 42 U.S.C. §1983 action was dismissed by a Connecticut Federal District Court on statue of …
Article • May 15, 2007
NY Prisoner Awarded $350 After Being Assaulted By His Cell Mate by On July 8, 2003, Arnold Fordham was a prisoner at the Five Pounts Correctional Facility in Romulus, New York. After he refused his cell mate a cigarette, the cell mate assaulted him, causing minor injuries to Fordham's back, …
Article • May 15, 2007
WA Reasonable Doubt Instruction Re-Defined in Prison Escape by Bruce Bennett was convicted in the Clallam County Superior Court of attempted first degree escape from the Clallam Bay Corrections Center. Before the jury began its deliberations, the court gave its instructions. Among them was the comment that the jury must …
FL Country Club Settles For $475,000 With Golf Cart Driver by On August 6, 2002, Joseph Gautette was driving a golf cart at the Cobblestone Country Club in Stuart, Florida. He was injured when he collided with a maintenance vehicle being driven by a prisoner in a work release program. …
Article • May 15, 2007
$98,500 Settlement in Jail Negligence Suit for Prisoner Beating by Darrin Rydberg filed a civil lawsuit in 1997 against the Nassau County Correctional Center (jail) for $3 million in damages, due to the jail's negligence in failing to protect him from being assaulted by another prisoner (Porter) while Rydberg was …
Texas Supreme Court Clarifies Tort Claim Act Notice Requirement by Matthew Clarke by Matthew. T. Clarke The Supreme Court of Texas has held that an accident investigation by a governmental under certain circumstances, suffice for the notice required by the Texas Tort Claims Act, § 101.101, Texas Civil Practice and …
CO Warden Improperly Denied Summary Judgment Because She Had No Control Over Civil Rights Violators by CO Warden Improperly Denied Summary Judgment Because She Had No Control Over Civil Rights Violators Floyd Serna was a prisoner at the Colorado Territorial Correctional Facility when Warden Juanita Novak initiated a prison wide …
Article • May 15, 2007
Dismissal of Minnesota Sex Offender's Search and Seizure Claim Upheld by The U.S. Eighth Circuit Court of Appeals upheld the dismissal of a civilly committed Minnesota prisoner's claim that the search and seizure of his property violated his constitutional rights and state law. While imprisoned at the Moose Lake facility …
Article • May 15, 2007
Failure to Notify Warrants New Parole Hearing for Washington Prisoner by On December 27, 2004, a Washington appeals court granted a prisoner's personal restraint petition in which he alleged that the Sentencing Review Board (SRB) failed to provide him with proper notification of his parole revocation hearing. Rudolph Renfro was …
Article • May 15, 2007
Muslim Head Scarf Lawsuit Dismissed After Prison Policy Change by The United States District Court for the Western District of Wisconsin dismissed a Federal civil rights lawsuit filed by Cynthia Rhouni, the ex- wife of a State prisoner who was forced to remove her head scarf (a part of her …
Wrongful Death Lawsuit Of Prison Teacher Taken Hostage Settled for $1.3 Million by Wrongful Death Lawsuit Of Prison Teacher Taken Hostage Settled for $1.3 Million Kevin Taylor, husband and Administrator of his deceased wife Beverly's estate, a former teacher at the Southern Ohio Correctional Facility, settled a State Court civil …
Article • May 15, 2007
State Seizes Child Of Sex Offender Father/Drug Abuser Mother by The United States District Court for the Middle District of Pennsylvania dismissed a Federal civil rights complaint filed by Melissa Wolfhawk against Schuylkill County Children and Youth Services for seizure of her newborn child. Wolfhawk claimed that the agency violated …
Article • May 15, 2007
BOP Early Release Withdrawal Arbitrary And Capricious; Release Ordered by By Bob Williams The United States District Court for the Northern District of California has ordered early release for a Bureau of Prisons (BOP) prisoner who successfully completed a 500-hour drug addiction program. The Court found the withdrawal of a …
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