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Article • December 15, 2009
Nexus Between Offense and Current Dangerousness Finding Required for California Parole Denial by On June 30, 2009, a California appellate court modified then affirmed a superior court order granting habeas corpus relief to Marin Haro. Haro filed the petition in 2008 challenging California's Board of Parole Hearings' (Board) decision finding …
Article • December 15, 2009
One Day Delay in X-Ray of Broken Jaw Not Deliberate Indifference by The Eighth Circuit Court of Appeals held that a jail nurse’s one-day delay in having a prisoner’s broken jaw x-rayed was not deliberate indifference of a serious medical need. The ruling came in the appeal of Philander Jenkins, …
Article • December 15, 2009
Out of State Detainer Does not Prevent Civil Commitment of Sex Offender Scheduled for Release by In an opinion filed June 23, 2009, the Ninth Circuit affirmed a lower court's conclusion to allow the civil commitment of a prisoner in Washington who was about to be released to a detainer …
Article • December 15, 2009
Paralegal Barred from Illinois Prison by On August 22, 1983, the Seventh Circuit affirmed a lower court's decision to deny relief to Illinois prisoner Preness Crusoe. Crusoe filed a complaint against the warden of Stateville Correctional Center in Joliet, Illinois, Richard DeRobertis, for his decision to deny visitation privileges to …
Article • December 15, 2009
Filed under: PLRA, Attorney Fees (PLRA)
PLRA Caps Attorney's Fees at 150 Percent of Judgment by After winning a $3,300 judgment, plus attorney's fees and costs, Morris Broussard, represented by attorney Timothy Borne Garrigan, filed a motion requesting a new trial pursuant to Rule 59(a) of the Federal Rules of civil Procedure. Plaintiff asserted that the …
Article • December 15, 2009
Post-Incarceration Name-Change Places Undue Burden on State by In a decision filed on June 16, 2009, a Wisconsin appeals court affirmed a circuit court's ruling to deny a prisoner's motion to amend his Judgment of Conviction to reflect his common law spiritual name. Jermaine Smith, a prisoner at the Green …
Article • December 15, 2009
Prisoner Wrongful Death Suicide claim Dismissed as Untimely by In a decision filed on June 9, 2009, the West Virginia Supreme Court affirmed a circuit court's dismissal of a wrongful death claim filed by the estate of a prisoner who allegedly killed himself at a local jail because the case …
Article • December 15, 2009
Request for "Information" is Not Subject to Washington Public Records Act by Request for "Information" is Not Subject to Washington Public Records Act In a published opinion filed June 22, 2009, a Washington appellate court affirmed a lower court's ruling regarding an alleged Public Records Act (PRA) request made by …
Statute of Limitations Bars Damages Claim for Voluntary Participation in Human Experiments; Ninth Circuit Reverses and Remands; Case Settles for $1.5 Million by An Oregon federal district court granted summary judgment against a former prisoner who brought suit on his behalf and that of a class of Oregon Department of …
Article • December 15, 2009
TDCJ Agrees to Pay $55,000 in Sexual Harassment Suit by On February 17, 2004, a settlement was reached in a sexual harassment case filed against the Texas Department of Criminal Justice (TDCJ). The complaint was filed pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 …
TDCJ Guards Denied Qualified Immunity in Failure to Protect Case by On April 14, 2004, the Texas Department of Criminal Justice (TDCJ) agreed to pay $84,000 to settle a lawsuit filed by Texas prisoner Eugene Cantu. The original complaint was filed July 3, 2000 pursuant to 42 U.S.C. § 1983 …
Brief • December 15, 2009
Evans v Multnomah Co or Verdict Police Beating 2009 Case 3:07-cv-01532-BR Document 126 Filed 12/15/2009 Page 1 of 6 FIlE""lf09 LfC 1511 ::j' "jUSDC~ FIlt"lf09 (f:moc IN THE' THE" tm:IRD ~ITED STARS STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MICHAEL EVANS, 07-CV-1532-BR Pl.aintiff, VElIDICT VE:RDICT v. MULTNOMAH COUNTY, DEPUTY …
Brief • December 14, 2009
Plantiff v Hathaway Jury Instructions Malicious Prosecution 2009 Case 3:07-cv-01532-BR Document 122 Filed 12/14/2009 Page 20 of 24 CLAIM THREE Section 1983 Fourteenth Amendment Claim for Malicious Prosecution Against Defendant Hathaway Plaintiff brings his Claim Three under the federal Section 1983 statute that I previously explained in connection with Plaintiff's …
Brief • December 11, 2009
Wyzykowski v Wtc Fl Stipulation Dismissal Fall Injury 2009 121.11/2009 ,,:- 11:48 6157229 DEBBIE PAGE 03/84 .o~" c~"~UlJ'J'l!~~ll_lllnll °n.D -OR BK 16796 PG \32 \Of RECORDED 04/12/2084 14:"Jo~l:40 , Pal. Beach County, Florida S7;;,rc; Wilken, D Clerk of CourfN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN …
Brief • December 11, 2009
Jacobs v Doc Pa Order Legal Document Seizure 2009 Case 2:04-cv-01366-JFC Document 205 Filed 12/11/09 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ANDRE JACOBS, Plaintiff, v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, JEFFERY A. BEARD, et al., Defendants. ) ) ) ) ) …
Brief • December 11, 2009
Burke v Town of Walpole Ma Judgment Wrongful Arrest Imprisonment 2002 Case 1:00-cv-10376-GAO Document 378 Filed 12/11/09 Page 1 of 2 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS EDMUND BURKE Plaintiff(s) v. CIVIL ACTION NO. 00-10376-GAO STEVEN MCDONALD Defendant(s) JUDGMENT IN A CIVIL CASE O’TOOLE X G , D.J. Jury …
Brief • December 10, 2009
Seals v Geo Fl Settlement Release Dismissal Vehicle Collision Injury 2007 REI,EASE QF ALL CLAIMS KNOW ALL:MEN BY THESE PRESENTS: That the undersigned, being of lawful age, for the sole consideration of TWO BUNDRED FIFTY THOUSAND AND NO/IOO DOLLARS ($250,000.00), to the . . underSigned in hand piid, receiptwhereofis hereby …
Brief • December 10, 2009
Milner v Geo Fl Amended Complaint Fall Injury 2007 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL. IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: 06-005582 EDWARD MILNER, Plaintiff, VS. THE GEO GROUP. INC., a Florida Corporation, FLORIDA CORRECTIONAL FINANCE CORPORATION, a Florida Corporation, f1k/a SOUTH BAY CORRECTIONAL FACILITIES FINANCING …
Brief • December 9, 2009
Meza v Livingston Tx Order Attys Fees Due Process Sex Offender Parole Conditions 2009 Case 1:05-cv-01008-LY Document 402 Filed 12/09/2009 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION Page 1 of 16 FilED 200' DEC -9 PH Z= 0I § § § RAULMEZA, PLAINTIFF, …
Brief • December 8, 2009
White v City of Oakland Ca Complaint Excessive Force Police Grenades 2009 Case3:09-cv-05743-WHA Document1 Filed12/08/09 Page1 of 17 E-filin 2 3 JOHN L. BURRIS (SBN #69888) LAW OFFICES OF JOHN L. BURRIS 7677 Oakport Street, Suite 1120 Oakland, California 94621 (510) 839-5200; FAX (510) 839-3882 Email: john.burris@johnburrislaw.com 4 7 JAMES …
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