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Article • September 15, 2009
Supreme Court Holds False-Arrest § 1983 Suit Must Be Timely Filed Following Arrest, Not Subsequent Wrongful Conviction by Supreme Court Holds False-Arrest § 1983 Suit Must Be Timely Filed Following Arrest, Not Subsequent Wrongful Conviction The U.S. Supreme Court held that a state prisoner suing for wrongful arrest must file …
Title IX Does not Preclude § 1983 Action for Gender Discrimination by Title IX Does not Preclude § 1983 Action for Gender Discrimination The U.S. Supreme Court has held that Title IX does not preclude a 42 U.S.C. § 1983 action alleging unconstitutional gender discrimination in schools. The action stems …
Article • September 15, 2009
Washington State Jail Guards Lose Overtime Suit by The Washington State Supreme Court has held that “delayed” payment of wages beyond the time frame set forth in former WAC 296-128-035 does give rise to employer liability under the Wage Rebate Act (WRA), but only where the delay is “willful.” The …
Article • September 15, 2009
Texas Department of Criminal Justice Denied Summary Judgment by Texas prisoner John Williams filed a civil action against the Texas Department of Criminal Judgment (TDCJ) alleging denial of anesthetic drugs following his leg amputa¬tion. In response, TDCJ filed a motion for summary judgment contending Williams failed to exhaust institutional remedies …
Massachusetts Federal Court Dismisses DOC from Prisoner's Rape Suit; Amendment Allowed by On October 24, 2008, a Massachusetts federal court dismissed the claims against prison official defendants (defendants) by a former Massachusetts Department of Corrections (DOC) prisoner who allegedly had between 50 and 100 sexual encounters with a former guard. …
Minnesota Court Awards $146,546.19 for Failing to Provide Deaf Interpreter by On February 17, 2005 a Minnesota state court awarded a prisoner $7,500 in damages and fined the Minnesota Department of Corrections (DOC) $1,000 for failing to provide an American Sign Language (ASL) interpreter for a prisoner in the Sex …
Article • September 15, 2009
Texas Court of Appeals Orders Clerk to File Prisoner's Notice of Appeal by On November 26, 2008, a Texas court of appeals granted a petition for a writ of mandamus and ordered the District Clerk of Walker County, Texas, to file a prisoner's pro se notice of appeal. Clifford Allen …
Article • September 15, 2009
Filed under: Money/Property, Restitution
Florida Court Loses Jurisdiction to Enter Restitution Order upon Completion of Sentence by Florida’s Fifth District Court of Appeal has held that a trial court lacks authority to enter a restitution order against a defendant who has completed his sentence. The court’s order comes in the appeal of Kelly R. …
Article • September 15, 2009
Filed under: Sentencing, Good Time, Probation
Florida Prisoner Entitled to Previous Prison Credit upon Probation Violation by Florida’s Fourth District Court of Appeal reversed a trial court’s order, dismissing a Rule 3.800(a) motion to correct an illegal sentence, remanding with instruction to make a notation in the written sentence that the prisoner is entitled to receive …
Article • September 15, 2009
Forced Catheterization to Perform Drug Test Constitutional by On May 15, 2008, the Eighth Circuit U.S. Court of Appeals affirmed a lower court's grant of summary judgment to the defendants in a § 1983 action filed by 68-year-old Missouri prisoner Joel LeVine. LeVine alleged that the defendants, a guard and …
Article • September 15, 2009
Governor and His Chief of Staff Not Subject to Deposition by On August 14, 2008, a California magistrate judge issued an order requiring Governor Arnold Schwarzenegger, Chief of Staff Susan Kennedy and Deputy Cabinet Secretary Robert Gore (Defendants) to submit to depositions by Plaintiffs in a case involving California prison …
Article • September 15, 2009
Guard-Former Prisoner Relationships not Protected Association by The First Circuit Court of Appeal has affirmed a federal district court’s order dismissing the civil rights action filed by a Massachusetts Department of Corrections (MDOC) guard who was fired for conducting a romantic relationship with a former prisoner, in violation of Department …
Article • September 15, 2009
Habeas Corpus Granted to California Prisoner Denied Parole by Governor by In a decision filed December 12, 2008, a California Court of Appeal granted habeas corpus relief to state prisoner Clarence Burdan. The petition challenged the governor’s denial of a recommendation that Burdan be paroled. On June 21, 1984, Burdan …
Article • September 15, 2009
Houston Police Department Motion for Protective Order Denied by On October 10, 2008, A Texas district court declined to grant a full protective order restricting discovery filed by the Houston Police Department (HPD) in a case stemming from the fatal shooting of Roland Carnaby by two Houston police officers, Charles …
Article • September 15, 2009
Filed under: Police, False Arrest
Ninth Circuit Issues Mixed Opinion in False Arrest Case by On November 13, 2008, the Ninth Circuit U.S. Court of Appeals filed an amended opinion in a case argued by Nelson, E. Brestoff of Moskowitz, Brestoff, Winston, & Blinder, LLP, of Valencia, California on February 12, 2008. The case involved …
Article • September 15, 2009
Probation Revocation Documents not Testimonial Under Sixth Amendment by Following his December, 2006 conviction for capital murder, which resulted in a death sentence, Juan Ramon Meza Segundo filed a direct appeal listing 19 points of error, each of which were rejected on October 29, 2008, affirming his conviction and sentence. …
Article • September 15, 2009
Punitive Damages Alone Entitles Plaintiff to Attorney Fees under § 1988; Kerr-Selgas Doctrine Does not Apply to § 1983 Actions by Punitive Damages Alone Entitles Plaintiff to Attorney Fees under § 1988; Kerr-Selgas Doctrine Does not Apply to § 1983 Actions On January 30, 2009, the First Circuit remanded the …
Brief • September 11, 2009
Schwarzenegger v Coleman, OrderDenyingStay,Prison Pop 2009 (ORDER LIST: 557 U.S.) FRIDAY, SEPTEMBER 11, 2009 ORDER IN PENDING CASE 09A234 SCHWARZENEGGER, GOV. OF CA, ET AL. V. COLEMAN, RALPH, ET AL. The application for stay presented to Justice Kennedy and by him referred to the Court is denied. In denying the …
Brief • September 10, 2009
Mathews v City of Hawthorne Ca Complaint Autism Excessive Force 2009 1 John Burton, State Bar No. 86029 THE LAW OFFICES OF JOHN BURTON 2 414 South Marengo Avenue Pasadena, California 91101 3 Telephone: (626) 449-8300 Facsimile: (626) 449-4417 4 E-Mail: jb@JohnBurtonLaw.com 5 Attorneys for Plaintiff Larry Mathews Individually and …
Publication • September 10, 2009
New York State Police, Trooper Jason J. Lewis Letter of Censure, 2009 TB-lSA PREVENTABLE TROOP VEHICLE ACCIDENT-REPORT OF ADJUDICATION (8/07) VAN DATE OF ACCIDENT/INCIDENT 08247 05/27/2009 TIME OF ACCIDENT/INCIDENT VEHICLE PLATE NUMBER J12:lS A.M. J2FS DRIVER'S NAME (FIRST, MI, LAST) jJa~on J. Lewis . SHIELD NUMBER STATION ORIGINAL FILE 3# …
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