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Article • August 15, 2008
Federal Prisoner's Bivens Action Claiming Civil Rights Violations During Arrest and Prosecution Reinstated by Donald Jackman, a federal prisoner, sued fifty-one defendants in federal district court under Bivens and 42 U.S.C. § 1983, claiming they had violated his civil rights in various ways during his arrest and criminal prosecution. The …
Article • August 15, 2008
Challenge to Missouri Lethal Injection Protocol Remanded for Discovery by On April 27, 2006, the Eighth Circuit Court of Appeals remanded a death row prisoner's challenge to Missouri’s lethal injection protocol for additional discovery following a botched attempt at resolving the issue using an accelerated schedule. Michael Anthony Taylor, a …
Article • August 15, 2008
Delaware Attorney General Has No Duty to Initiate Enforcement Proceedings of State Public Record Law by Delaware prisoner Ronald sought mandamus relief to compel the Attorney General to initiate enforcement proceedings under the state’s Freedom of Information Act. The Superior Court denied the petition. The Delaware Supreme Court affirmed, holding …
Article • August 15, 2008
Dismissal of Colorado Transsexual Suit Reversed by The Colorado Court of Appeals reversed the dismissal of a transsexual prisoner’s lawsuit seeking treatment by a gender specialist counselor. Christopher Grey, a Colorado prisoner, suffers from gender identity disorder (a.k.a. transsexualism), and refers to himself as Crystal, Catherine Jene, and “C.J.” Grey …
Eighth Circuit: Administrator of Prisoner's Estate May Not Sue Pro Se by On March 29, 2005, the Eighth Circuit Court of Appeals held that the administrator of the estate of a prisoner who died of cancer while incarcerated in the Arkansas Department of Corrections may not file a suit for …
TDCJ Denied Qualified Immunity in Employee's Unconstitutional Termination Suit by John F. Fant, a former Legal Services Director for a division of the Texas Department of Criminal Justice (TDCJ), appealed a 2003 U.S. District Court decision denying his motion for dismissal of a lawsuit based on qualified immunity grounds. The …
Evidence in Arizona Fatal Prisoner Abuse Suit Tailored in In Limine Ruling by The U.S. District Court for the District of Arizona ruled in limine on pre trial evidence following the denial of qualified immunity for Maricopa County Sheriff Joseph Arpaio in a § 1983 suit involving the death of …
Stay Pending Qualified Immunity Interlocutory Appeal Rejected in Arizona Prisoner Death Suit by Maricopa County (Arizona) Sheriff Joseph Arpaio filed a motion to stay litigation pending an interlocutory appeal on the denial of qualified immunity in a lawsuit filed by the parents of Tent City prisoner Phillip Wilson, who was …
Article • August 15, 2008
County Prosecutor, Juvenile Court Manager's E-mails Ordered Disclosed Regarding Court's Dissolution by The Cowles Publishing Company (CPC) appealed an Idaho state district court’s ruling for non-disclosure of a settlement agreement regarding the dissolution of the Kootenai County Juvenile Education Training Court (JETC). Former JETC manager Marina Kalani appealed the same …
Article • August 15, 2008
Judicial Evaluation Required Before Granting Ohio Felons’ Records Requests by Ohio federal prisoner Dennis Evans sought a writ of mandamus in state court to obtain records maintained by the Public Safety Department / Division of Police. The request, made under the Ohio Public Records Act, was denied for procedural inadequacy. …
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 …
Prosecutorial Misconduct Claims Properly Brought as Post-Conviction Motion if Timely by Tennessee state prisoner Darrell Wentzel filed a pro se motion for review of his convictions after they were affirmed on direct appeal. His 2001 "motion for extraordinary relief" was treated as a post-conviction petition, and dismissed as statutorily time …
Article • August 15, 2008
Justification Required for Denial Under Tennessee Public Records Act by Tennessee state prisoner J. Hickman appealed the Davidson County Chancery Court's dismissal of his pro se motion to obtain documents from the Tennessee Board of Probation and Parole (Board) pursuant to the state's Public Records Act (Act), Tenn. Code Ann. …
Article • August 15, 2008
Alaska PRA Requires Disclosure of Fiscal Report and Employee Performance Evaluation by The Anchorage Daily News (newspaper) obtained an injunction in state court under the state Public Records Act (PRA), Alaska Stat. § 44.62.310 et seq, compelling the city of Anchorage to produce a tape recording. The city later refused …
Article • August 15, 2008
California Jury Instruction in Sexually Violent Predator Trial Affirmed by George Whaley, a California state prisoner, was civilly committed under the state Sexually Violent Predator Act (SVPA). At a trial to extend his commitment for two years, the jury was deadlocked. The judge suggested that they role play, with the …
Article • August 15, 2008
California Prisoner Wrongly Jailed for 14 Years Denied Compensation by John Tennison, a California state prisoner, was sent to prison for a 1989 murder. After nearly 14 years his conviction was vacated with a finding of factual innocence. He sued for compensation under a state law providing an award of …
Article • August 15, 2008
California Prisoner's Small Claims Judgment not Appealable by Michael Lane, a California state prisoner, sued the state Department of Corrections (DOC) in small claims court to recover $797.60 he had been charged for vacated restitution orders. The small claims court ruled in his favor for that amount but dismissed a …
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
Texas Prisoners Not Entitled to Request Documents While Incarcerated by Texas state prisoner James Walker appealed a state court's dismissal of his action to compel the Texas Department of Criminal Justice (TDCJ) to produce documents he requested under the Public Information Act (Act). The appellate court affirmed the dismissal, as …
Documents Withholding by Texas Guards Fails to State Claim; Suit Dismissed as Frivolous by Texas prisoner Keith Thomas appealed a 2003 state court dismissal of his suit for being frivolous. He claimed that guards at the Barry Telford Unit (BTU) in New Boston, Texas withheld documents regarding a lawsuit he …
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