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Ninth Circuit: Prisoner’s Eighth and Fourteenth Amendment Classification Claims Fail Sandin Test by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals, applying the “atypical and significant hardship” test of Sandin v. Conner, 515 U.S. 472 (1995), affirmed a U.S. District Court’s (N.D. Cal.) ruling that …
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 …
Article • July 15, 2008
Nevada Board of Commissioners' Phone Records Subject to Disclosure under State PRA by DR Partners (newspaper) sued the Clark County (Nevada) Board of Commissioners in state court under the state Public Records Act (PRA) Nev. Rev. Stat. § 239.010 at seq., to compel disclosure of the Board's phone records. The …
Article • July 15, 2008
Nevada Railway Project Documents Exempt from Disclosure by The Reno Gazette-Journal (newspaper) sued the city of Reno, Nevada in state court to compel disclosure of documents associated with a railway's property acquisition and relocation. The trial court found that the state Public Records Act (PRA) Nev. Rev. Stat. § 342.105 …
Article • July 15, 2008
Nevada Police Report Must Be Disclosed to Public by Dorney of Nevada, Inc. (newspaper) sued the Reno, Nevada Police Department in state court to compel disclosure of an investigation report. The trial court dismissed, believing that Nev. Rev. Stat. § 179A rendered all such reports exempt from disclosure to the …
Article • July 15, 2008
New Hampshire Prisoner May Use Non-Mutual Offensive Collateral Estoppel by On January 17, 2006, a federal district court in New Hampshire ruled that a prisoner may use non-mutual offensive collateral estoppels for facts established in another prisoner's lawsuit to prove that jail conditions were governed by official policy, custom, or …
Article • July 15, 2008
Texas Prisoner’s State, Federal Work-Related Injury Claims Reinstated by A Texas appeals court held in this case that because a prisoner’s state and federal work-related injury claims against the Texas Department of Criminal Justice (TDCJ) were based in law, dismissal as frivolous was improper. State prisoner Jumeau Onnette was painting …
Article • July 15, 2008
Cincinnati Police Misconduct Settlement Ordered Discloseable Despite Protective Order Or Confidentiality Provision by The Cincinnati Enquirer (Enquirer) sought production in mandamus of a settlement agreement which the appellate court denied in 2002 as exempt "trial preparation" records. The denial was reversed, and the Enquirer was awarded attorney's fees. A U.S. …
Article • July 15, 2008
Prisoner's Action Affirmed Against North Carolina DOC For Negligence Leading To Amputation by The North Carolina Department of Correction (DOC) appealed the reversal of a 1989 summary judgment grant dismissing state prisoner Joe Medley's action for a DOC contracted private physician's negligence. The court affirmed the dismissal holding that the …
Article • July 15, 2008
Maryland State Damages Cap Trumps Federal Awards For 11 Year Old Paraplegic by Davita Carter, an 11 year old resident of Illinois and a Marine veteran's daughter, appealed the damages reduction awarded her in 2000 after surgery left her a paraplegic. The federal court's award was dictated by Maryland State …
Article • July 15, 2008
Illinois "Occupational License" Clause Exempts Liquor Licensee's Criminal Background From Disclosure by The City of Springfield (Illinois) appealed a 1985 court production order for criminal background information regarding liquor licensee Donald Jackson, Jr., requested under the State's Freedom of Information Act (Act) by The Copley Press, Inc. (Press). The order …
$250,000 Awarded To Virginia Guard After Stabbing By Prisoner Upheld by Virginia State pro se prisoner Lament Douglas appealed a prison guard's counterclaim grant and the dismissal of the denial of medical care allegations in a federal action resulting from a 1999 mutually injurious altercation. The judgment was affirmed. Douglas …
$200,000 Injury Damages For Illinois Juvenile Prisoner Reduced To $40,000 For Total Versus Individual Award Confusion by 15 year old Illinois Youth Center (IYC) prisoner Jeffrey Watts brought federal action against several IYC employees for cruel and unusual punishment in failure to protect after fellow prisoner Derrick Greaves allegedly attacked …
Article • July 15, 2008
PLRA Bars Damages for Jail Strip Search Suit by A New Mexico federal district court applied the injury requirement of the Prison Litigation Reform Act to hold that two female pretrial detainees cannot recover damages for a Fourth Amendment claim of unreasonable strip searches. The matter proceeded to a jury …
Article • July 15, 2008
New Jersey Appeals Court Upholds Disabled Guard’s $236,000 Award by On June 30, 2006, the Superior Court of New Jersey, Appellate Division, upheld a jury’s award of $236,000 to a former Gloucester County jail guard who claimed he was forced to retire because of an eye disability. Plaintiff Michael Raspa, …
Article • July 15, 2008
Delaware Law Bars Prisoner Access to DOC Files by The Delaware Supreme Court held that state law prohibits prisoners from accessing their Department of Corrections (DOC) files. On September 9, 1980, three Delaware prisoners were denied access to their DOC central files. Under the Delaware Freedom of Information Act (DFIA), …
Article • July 15, 2008
No Liberty Interest in Illinois Segregation by The Seventh Circuit Court of Appeals affirmed the dismissal of an Illinois prisoner’s due process and retaliation claims, finding that his allegations “effectively plead him out of court.” Illinois prisoner Christopher Lekas “cultivated a relationship on ‘friendly terms’ with Tyone Murray, a female …
Article • July 15, 2008
New York Prisoner Falls in Kitchen Netting $868,516 by A New York prisoner who was injured when he fell in the prison kitchen was awarded $868,516. In May 1991, 29-year-old prisoner, Mr. Lopez, slipped in liquid on the kitchen floor. He “suffered a fractured tibia, resulting in varus and rotation …
Article • July 15, 2008
Sixth Circuit Reverses Denial of Complaint Amendment by The Sixth Circuit Court of Appeals vacated a lower court’s order denying a Tennessee prisoner leave to amend his complaint to substitute actual parties for Doe Defendants. In July 1996, Tennessee prisoner Alexander Friedmann (PLN’s Associate Editor) requested to have a notice …
Texas Warden Axed for Whistleblowing Awarded $300,150 by A Texas prison warden who was fired for reporting corruption was awarded $300,150. Terry Terrell was warden of the Beto I Unit of the Texas Department of Criminal Justice (TDCJ) in Tennessee Colony, Texas. In May 1991, he wrote the Chairman of …
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