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Article • August 15, 2008
Post Monitoring Fees Allowed in Institutional Reform Suits by At 1344: "In complex institutional litigation that often entails extensive remedial efforts over a long period of time, it is generally accepted that prevailing plaintiffs are entitled to post-judgment fee-and-expense awards for legal services necessary for securing compliance with, and reasonable …
Article • August 15, 2008
Fee Award Against Frivolous Prisoner Litigant Reduced by The court had awarded fees of almost $2900 against the plaintiff after ruling against him on the merits of his claims. The Fourth Circuit reversed and held that the 12 factors listed in Johnson v. Georgia Highway Express must be applied. The …
Article • August 15, 2008
Catalyst Theory Doesn’t Apply to EAJA by Mirta Morillo-Cedron and other immigrants (plaintiffs) applied for U.S. citizenship, but the District Director for the U.S. Citizenship and Immigration Services (Director) didn’t act on their applications. The plaintiffs sued to compel action in federal district court. Before the court ruled, the Director …
Article • August 15, 2008
Damages Awarded to Two New Mexico Jr. High Students After Excessive Strip Search by New Mexico Jr. High students Crystal Kennedy and Randy Ford challenged the appellate reversal of damages they were awarded in a 42 U.S.C. § 1983 suit against Dexter Consolidated Schools (DCS) and individual school officials. The …
Article • August 15, 2008
Attorney Fees Recoverable in Privacy Act Cases With No Actual Damages by On January 24, 2006, the Fourth Circuit Court of Appeals held that a plaintiff who prevailed in an action seeking damages under the Privacy Act, 5 U.S.C. § 522a(b), but did not prove any actual damages, could nonetheless …
Article • August 15, 2008
California Court's Award of Attorney Fees to Sheriff's Deputies Investigated for Raping Prisoners Upheld by Several unidentified deputies of the Sheriff Department of Riverside County, California sued the county for not providing them with lawyers while they were being investigated for sexual misconduct involving prisoners. They prevailed and the court …
Article • August 15, 2008
TDCJ Policy for Female Guards Strip Searching Male Prisoners Judicially Monitored by Texas federal prisoner Albert Aranda and approximately 100 other prisoners filed suit against the Texas Department of Criminal Justice (TDCJ) in 1989. They alleged constitutional violations for male prisoners being strip searched by female guards. The court ordered …
Article • August 15, 2008
MI Prisoner’s FOIA Suit Dismissed for Lack of Injury by Delay by David Lakin, a Michigan state prisoner, filed suit in state court against the Department of Corrections (DOC) under the Freedom of Information Act (FOIA), Mich. Comp. Laws § 15.231, et seq. (Mich. Stat. Ann. § 4.1801(1), et seq.), …
Ohio Guards Win $475,000 in Sex Discrimination Suit by Bonnie Jayne, Christina Nichols, Jaqueline Hurst, Tia Hazinakis, Bonnie Flynn, Nicole O'Brien and Karen Martin, all guards at a correctional facility in Trumbull County, Ohio, sued the county in federal district court for gender discrimination. They claimed that the discrimination resulted …
Paralegal Services Reimbursed at Market Rate Under Federal EAJA by The Richlin Security Service Co. (Richlin) provided guards for U.S. government detainees at the Los Angeles International Airport during the 1990s. Contract ambiguities resulted in Richlin guards being underpaid. In 1995, the U.S. Department of Labor ordered the government to …
Montana Public Defender's Deposition Subject to Public Scrutiny by The Billings Gazette, a Montana newspaper, sued in state court to compel disclosure of a deposition given by Yellowstone County's chief public defender, Sanford Selvey in connection with a civil action which resulted in Selvey's resignation as public defender. The trial …
Arizona Agencies' Public Records Denial Condoned If In Best Interest Of Agencies. by The City of Tucson (Arizona) and it's police department (TPD) appealed a court ruling requiring active litigation document's production with awards for attorney's fees. The requestor appealed the order denying partial production. The production determination was affirmed …
California State Prisoner Wins $39,011 for Deprivation of Outdoor Exercise During Extended Lockdowns by Marvin Mentor On November 8, 2007, a federal jury awarded a California state prisoner $39,011 for injuries he suffered due to being placed in retaliatory extended lockdowns that prison officials initiated following assaults on staff by …
Article • June 15, 2008 • from PLN June, 2008
$25.5 Million Awarded in California County Jail Strip Search Suit by John Dannenberg by John E. Dannenberg The County of San Bernardino, California has agreed to settle a federal class action lawsuit filed against its Sheriff’s Department in 2005 for $25.5 million – one of the largest such payouts on …
Article • June 15, 2008
Montana Newspaper Entitled to Fees Incurred to Obtain Copies of Documents by The Havre Daily News (newspaper), a Montana subchapter of a Washington corporation, sued the city of Havre, Montana in state court under Mont. Const. art. II § 9 to compel disclosure of an unredacted incident report. During litigation …
Publication • 2008
CRS Report for Congress Re Awards for Attny Fees by Fed Courts and Fed Agencies 06 20 2008 Order Code 94-970 Awards of Attorneys’ Fees by Federal Courts and Federal Agencies Updated June 20, 2008 Henry Cohen Legislative Attorney American Law Division Awards of Attorneys’ Fees by Federal Courts and …
Brief • May 27, 2008
Filed under: Attorney Fee Awards
Noah and Davis v. Mercurio and Dean, MO, Order, attorney fee awards, 2008 Case 4:06-cv-00591-CDP Document 146 Filed 05/27/2008 Page 1 of 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION LEROY NOAH and CHRISTOPHER DAVIS, Plaintiffs, vs. AUGUST MERCURIO, III and ROBERT DEAN, Defendants. ) ) ) …
$2 Million Confidential Settlement In CCA Prisoner’s 2004 Beating Death Revealed by Alex Friedmann $2 Million Confidential Settlement In CCA Prisoner's 2004 Beating Death Revealed by Alex Friedmann PLN has previously reported on the death of Estelle Richardson, a mentally ill prisoner who died at the CCA-operated Metro-Davidson County Detention …
Washington DOC Pays PLN $541,000 for Illegally Withholding Records by Michael Rigby The Washington Department of Corrections will pay Prison Legal News $541,000 for illegally withholding public records. It is the largest records-related settlement in Washington state history, and it brings the total amount PLN has won against the state …
Article • March 15, 2008 • from PLN March, 2008
California DOC and Joint-Venture Contractor Owe Over $1.8 Million in Attorney Fees for Protracted Suit Granting Prison Workers Prevailing Wage by John Dannenberg by John E. Dannenberg The California Court of Appeal, 4th District, has upheld the San Diego Superior Court’s award of $1,257,258.60 in attorney fees incurred during drawn-out …
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