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Article • July 15, 2008
California Sheriff's Investigatory Materials Exempt From Production Under Public Records Act by The City of Los Angeles (City) petitioned for review of an appellate order to produce investigative records to Elgin Haynie regarding a traffic stop by a sheriff's deputy. The production ruling was reversed and the records were ruled …
$1.1 Million Verdict Entered Against Florida Sex Crime Detective for Sexual Assault upon Minor by The Florida Federal District Court has awarded $1.1 million to a 14-year old female for a sexual assault by an Orlando sex crimes detective. The award came in after the court entered default for the …
Article • July 15, 2008
New Mexico Detention Center Closed for Constitutional Violations by The American Civil Liberties Union (ACLU) of New Mexico and several New Mexico state prisoners, sued the Board of County Commissioners for Valencia County (Board) in federal district court over numerous constitutional violations at the Valencia County Detention Center (Center). The …
Article • July 15, 2008
New York Parolee Can Be Subject to Living/Contact Special Condition by New York’s Supreme Court, Appellate Division, has held that a parole officer had authority to impose a special condition that prohibited a parolee from living with or contacting a “virtual stranger.” The prisoner, Steven Dickman, sought to live with …
NY Prisoner’s Disciplinary Action Reversed for Failure to Consider His Mental Health Problems by On August 15, 1989, Luis Rosado, a New York state prisoner, was referred to the psychiatric unit at the Clinton Correctional Facility. While en route, he cut a guard’s arm with a razor blade. The cut …
Article • July 15, 2008
OH PRA Only Required that Indigent Prisoner Be Given One Free Copy of Trial Transcript by Jonathan Call, an Ohio state prisoner, filed a mandamus action in state court to compel an appellate court judge to provide him with a free copy of his trial transcripts, pursuant to the state …
New Jersey District Court: Reargument Granted In PHS Negligence Claim by On January 10, 2005, the U.S. District Court for the District of New Jersey agreed with a state prisoner’s contention that Prison Health Services’ (PHS) failure to monitor her lithium levels fell under the common knowledge exception of N.J. …
Article • July 15, 2008
OH Prisoners Must Get Court Order Declaring Documents Necessary for Actionable Cause Before PRA Requires Disclosure by Daniel Ritter, an Ohio state prisoner, petitioned for a Writ of Mandamus to compel a trial judge to provide him with documents associated with his criminal proceeding, pursuant to the state Public Records …
Article • July 15, 2008
Oregon Law Requires Disclosure of Some Parole Records by A former Oregon State prisoner, identified only as Turner, sued the state Department of Corrections (DOC) in state court under state Public Disclosure Law (PDL), Ore. Rev. Stat. 192.410 et seq., to compel disclosure of his parole file. The trial court …
Article • July 15, 2008
Oregon PRL Required Disclosure of Records Pertaining to Police Internal Investigations by Patrick Rice and Karen Rutledge, Portland, Oregon residents, sued the city of Portland in state court under state Public Records Law (PRL), Or. Rev. Stat. § 192.420 et seq, to compel disclosure of records pertaining to a police …
Article • July 15, 2008
Oregon PRL Requires Disclosure of Documents Pertaining to Internal Investigations of Cop's Misconduct by May Davis, a citizen of Portland, Oregon, sued Portland police (City) in state court under state Public Records Laws (PR § L), Or. Rev. Stat. 192.420 et sec, to compel disclosure of records for an internal …
Article • July 15, 2008
Oregon PRL Requires Disclosure of Records for Cop's Disciplinary Action for shooting Civilian by The Oregon Publishing Co. (newspaper) sued the city of Portland, Oregon in state court under state Public Records Laws (PRL), Ore. Rev. Stat. § 192.420 et sec, to compel disclosure of records pertaining to the fatal …
Article • July 15, 2008
After Convictions Final, Prisoners Records Subject to Florida’s Public Records Law by The Florida Supreme Court has held that the state attorney and other state agencies must disclose records pertaining to a defendant’s case upon the conviction and sentence becomes final. The disclosure comes under the requirements of Florida’s Public …
Article • July 15, 2008
Contract to Purchase Medical Practice Non-Exempt Under North Carolina Public Records Act by The North Carolina Court of Appeals has held that a contract by a public hospital to purchase a medical practice is not “competitive health care information” that exempts the contract form the State’s Public Records Act. Before …
Article • July 15, 2008
West Virginia Prisoners Can’t use State FOIA for Discovery in State Habeas Actions by Roger Wyant and Lorenzo Valentine (Prisoners), both West Virginia state prisoners, challenged their criminal convictions through state Habeas Corpus actions. They sued in State Court to compel a county clerk to provide them with court documents …
Article • July 15, 2008
West Virginia Police Report of Fight Between Juveniles is a Disclosable Public Record Under State FOIA by Ogden Newspapers, Inc. (Paper), sued the City of Williamstown in state court to compel disclosure of police reports about a fight between two juveniles, pursuant to the state Freedom of Information Act (FOIA), …
Preliminary Injunction For Improved TB Testing in Pennsylvania Prisons by On September 29, 1992, a federal district court granted Pennsylvania state prisoners a preliminary injunction ordering the implementation of a new policy on the detection and treatment of tuberculosis (TB) cases in Pennsylvania state prisons. This is a, class-action suit …
Article • July 15, 2008
Public Duty Doctrine Discussed; North Carolina’s DHHS Has Duty to Inspect/Protect Prisoners by A North Carolina Court of Appeals has held that the State’s Department of Health and Human Services is not entitled to dismissal of a lawsuit brought on ground DHHS failed to properly train an employee in inspecting …
Article • July 15, 2008
Summary Dismissal of Court Access Claim Reversed by The Seventh Circuit Court of Appeals reversed a lower court’s sua sponte dismissal of a prisoner’s access-to-courts claim for failure to state a claim. The court also held that the prisoner was entitled to amend his complaint. Indiana prisoner Kenneth Marshal filed …
Tenth Circuit Reverses Dismissal of Federal Prisoner's Medical Suit by The Tenth Circuit Court of Appeals reversed a lower court's dismissal of a federal prisoner's suit, finding that the prisoner had adequately exhausted his administrative remedies and stated a cognizable deliberate indifference claim. Former Japanese Red Army member Yu Kikumura …
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