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Illinois State Prison Guard's Release From DOC For Perjury Regarding Prisoner Beatings Affirmed by Former Illinois Department of Corrections (DOC) guard Frank Moran appealed a court affirmation of his release from employment by the Illinois Civil Service Commission (CSC) for committing grand jury perjury. The judgment was affirmed. Moran lied …
Article • August 15, 2008
Citizenship Not Required for Damages Award by The court erroneously instructed the jury that the plaintiff had to be an American citizen to recover; the court vacates the jury verdict to avoid the "appearance of prejudice." However, the court directs entry of judgment as a matter of law against the …
Article • August 15, 2008
Eleventh Circuit Discusses Contempt Fines for Violation of Consent Decree by A consent decree ordered the state prison system to remove state prisoners from a county jail within 30 days of the state's receipt of the conviction and sentencing transcript. In response to a contempt motion, the state said it …
Article • August 15, 2008
Drug Reaction Suit Dismissed for Lack of Causation by The plaintiff was prescribed Symmetrel, to which he had a reaction that required hospitalization; later he had two strokes, which he attributed to the drug. The plaintiff failed to establish a triable issue as to causation, since the prescribing doctor now …
Article • August 15, 2008
$45,000 Damage Award to Traveler Detained in San Francisco Airport by The plaintiff was awarded $45,000 in compensatory and punitive damages against federal customs inspectors for unlawful detention at an airport on suspicion of drug smuggling. The plaintiff lacks standing to seek injunctive relief since she is not likely to …
Article • August 15, 2008
ID AG States Disclosure Exemptions for Active Investigatory Records by Upon request of the city attorney for Coeur d'Alene, Idaho, the state Attorney General (AG) opined as to whether city police must disclose all documents to the public or media. In his opinion, the AG considered chapter 3 of title …
Article • August 15, 2008
Minnesota Commissioner Says "Mug Shots" Are Public Records by Upon request of the attorney for Dakota County, Minnesota, the Commissioner of the Minnesota Department of Administration IPAD (Commissioner) opined as to whether "mug shots" (jail booking photos) are public records for disclosure purposes. In her opinion, the Commissioner considered Minn. …
Article • August 15, 2008
Virginia Police Department Record of Criminal Case Disposition Not Subject to Public Record Request by The Attorney General of Virginia has opined that a city police department that maintains a record of all persons tried in municipal court of the city for whether the party was convicted or acquitted, and …
Article • August 15, 2008
Washington Civil Commitment Injunction Reaffirmed; No Appellate Jurisdiction to Review Contempt Sanctions by The United States Court of Appeals for the Ninth Circuit reaffirmed their ruling upholding the so-called "Turay Injunction" but refused to hear an appeal of $10 million., in contempt sanctions against the defendants due to lack of …
Article • August 15, 2008
Consent Decree Not Final Judgment for Appeal by A consent decree addressing the rights of the institutionalized mentally retarded provided for the appointment of a monitor, to end on a date certain unless extended by court order. The court extended the term for three years. The order is not a …
Article • August 15, 2008
Florida Prisoners Have No Right to “Free” Public Records by Florida’s First District Court of Appeals has held that a prisoner is not entitled to free copies of records in the custody of the state attorney and the clerk of the Court. The Court said that prisoners are “in the …
Article • August 15, 2008
Local and State Legislators Entitled to Immunity by Local legislators, like state legislators, are absolutely immune from suit under 1983 for their "legislative activity." Although the distinction is not made completely clear, apparently this holding applies to personal liability for damages; injunctive claims are not mentioned. Whether an activity is …
Article • August 15, 2008
Failure to State Claim Dismissal Reviewed De Novo by The plaintiff's claim that he was denied due process by lack of notice is rejected; exactly why is not stated. Violation of prison rules concerning disciplinary hearings does not deny due process. The record showed some evidence to support the charge. …
Article • August 15, 2008
Class Representative’s Settlement Requires Court Scrutiny by At 298-99: Because of the representative nature of class suits and the numerous and sometimes divergent interests that are at stake, the court is charged with protecting the class members who, through their absence, are unable to protect themselves.... In order to carry …
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 …
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