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Article • August 15, 2008
Dismissal of Doe Defendants Required if Named Defendants Dismissed by The plaintiff sued, invoking 1983, the Moroccan Treaty of 1787, the Free Moorish-American Zodiac Constitution, etc. At 424: "In cases that allow for Doe defendants, other identified defendants have been able to represent the unknown individual defendants' interests." Allowing claims …
Article • August 15, 2008
No Federal Claim for Failing to Warn Prisoner of Tobacco Risks by The plaintiff, a South Carolina prisoner, filed suit in the District of Columbia district court against the Surgeon General of the United States, the president of the AMA, and the heads of two tobacco companies for failure to …
Article • August 15, 2008
Plaintiff Barred “For Life” from Filing Lawsuits Without Court Permission by The plaintiff has filed 34 federal civil lawsuits, 17 of which have been dismissed as frivolous; two are proceeding to trial; others have been dismissed for failure to prosecute or to comply with court orders. This lawsuit largely repeats …
Court Orders Discovery of D.C. Cop’s Personnel Files by At 355: "... [A]ny claim that a party's potential witnesses and exhibits are not fit subjects for discovery is fatuous." The existence of a pre-trial order procedure does not retroactively make those subjects unfit for discovery. The court directs production of …
Article • August 15, 2008
Applications for North Carolina County Positions Not Subject to Public Records Act by The North Carolina Supreme Court has held that applications for positions with counties are not subject to inspection and disclosure under the State’s Public Records Act. This action came after a Yadkin County Superior Court ordered the …
Article • August 15, 2008
Alaska Cops' Personnel Files not Confidential by James Jennings, a former Alaska state prisoner, sued police in state court under state law and 42 U.S.C. §§ 1983 and 1988 for damages, claiming excessive force, false imprisonment and unconstitutional application of force. The trial court ordered the city of Anchorage to …
Article • August 15, 2008
Alaska PRA Requires Disclosure of Annexation Records by Abigail Fuller, and other Homer, Alaska residents sued the city in state court under the state Public Records Act (PRA), Alaska Stat. § 40.25.100 et see, to compel disclosure of documents used to prepare a petition for annexation of lands adjacent to …
Article • August 15, 2008
Alaska PRA Requires Disclosure of Settlement Agreement by The Anchorage Daily News (newspaper) sued in state court under tae state Public Records Act (Act), Alaska Stat. § 9.25.110 to compel the Anchorage School District (School District) to release a copy of its settlement agreement in a federal suit. The trial …
Article • August 15, 2008
California Cops' Internal Affairs Investigation Records Exempt from Disclosure under State PRA by The Press-Enterprise (newspaper) sued the city of Hemet, California in state court under the state Public Records Act (PRA), Cal. Gov't Code § 6250 et seq to compel disclosure of records pertaining to a police internal affairs …
Article • August 15, 2008
California Cop's Termination Papers Exempt from Disclosure under State PRA by The Copely Press sued the San Diego County Civil Service Commission (Commission) in state court under the state Public Records Act (PRA) Gov. Code § 6250 et seq to compel disclosure of documents pertaining to a cop's termination. The …
Article • August 15, 2008
California PRA Doesn't Require Disclosure of Cops' Personnel Files by Freedom Newspapers (newspaper) sued in state court under the state Public Records Act (PRA), Cal. Gov't Code § 3250 at seq, to compel the San Bernardino County Sheriff (Sheriff) to disclose the personnel files of two deputies who were disciplined …
California PRA Requires Disclosure of the Names of Cops Who Shot Civilian by The Santa Barbara News-Press (newspaper), a subsidiary of the New York Times Co., sued the county sheriff (Sheriff) in state court under the state Public Records Act (PRA), Cal. Gov't Code § 6250 et seq, to compel …
California Prison Gang Information Ruled Confidential by Arturo Losoya and Robert Aguirre, California state prisoners, sought discovery in their state court criminal trials of investigatory security files on gang activity. The trial court ordered prison officials to produce the information, and the Department of Corrections (DOC) appealed. On appeal: the …
Article • August 15, 2008
California Requires Disclosure of Transcript of Cop's Disciplinary Hearing by Patrick Bradshaw, a Los Angeles, (LA) California cop, sued LA in state court for violating his privacy rights when his supervisors released a copy of his disciplinary hearing transcript to the media. The trial court dismissed, finding that no statutory …
Article • August 15, 2008
Colorado Coroner Entitled to Ambulance Reports by Nancy Bodelson, the Coroner for Jefferson County, Colorado asked the city of Littleton, Colorado for ambulance reports pertinent to the body she was autopsying. The city refused claiming that tae Colorado Open Records Act (CORA) Co. Rev. Stat. § 24-72-204 et seq., precluded …
Claims by Beaten Indiana Jail Prisoner Upheld; Guard’s Indemnification Claim Denied by The plaintiff said he was beaten by guards; the defendants said he was beaten by one officer, who was fired and recommended for criminal investigation. He was allegedly unruly, was gassed with pepper spray and then strapped into …
Class of Plaintiffs and Defendants Certified in Mental Health Suit by The plaintiff alleged that, notwithstanding a state court decision striking down the state statutory provisions for commitment of persons deemed incompetent to stand trial, those standards were still being applied at a number of Office of Mental Health facilities. …
Article • August 15, 2008
Fifth Circuit Discusses Class Certification Requirements by A class of 100 to 150 is sufficiently numerous for class certification (this range "generally satisfied the numerosity requirement" (624); the members were geographically dispersed and unavailable for joinder; some class members might fear retaliation. At 625: "The test for commonality is not …
Article • August 15, 2008
No Sanctions for Meritless Motion to Strike by The pro se plaintiff should not be sanctioned for filing a meritless motion to strike. The motion was obviously modeled after a sample Rule 12(f) motion and appeared to be a misguided attempt to respond to the defendants' answers in the appropriate …
ADA Valid Exercise of Congressional Authority by The Americans with Disabilities Act is not invalid under the Eleventh Amendment because it is a proper exercise of Congress's authority under 5 of the Fourteenth Amendment. Unlike the Religious Freedom Restoration Act, the legislative record of which lacked examples of modern instances …
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