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Article • July 15, 2008
West Virginia Jail Payroll Records not “Public Records” for Purposes of State FOIA by The Affiliated Construction Trades Foundation sued a West Virginia jail in state court to compel the compilation and disclosure of payroll records for jail guards, pursuant to the state Freedom of Information Act (FOIA), W.Va. Code …
Article • July 15, 2008
Texas Eliminates Next-Grand-Jury-Session Limitation On Indictments by by Matthew T. Clarke On December 6, 1006, the Texas Court of Criminal Appeals (CCA) held unconstitutional the provision of Article 28.061, Texas Code of Criminal Procedure (CCP), requiring dismissal of a prosecution with prejudice if an indictment is not brought against a …
Article • July 15, 2008
Massachusetts Prison Official's Ordered To Improve Prisoners' Treatment by Massachusetts State corrections officials (appellants) challenged a court order requiring better treatment for prisoners at the Massachusetts Correctional Institution (MCI) at Walpole claiming that the court exceeded it's statutory authority. The order was affirmed and no separation of powers doctrine violation …
Article • July 15, 2008
Texas Act Requires Compelling Reasoning for Nondisclosure of Requested Prisoner Information by The Office of the Attorney General (AG) of the State of Texas opined the legal parameters regarding the release of prisoner information by the Texas Department of Criminal Justice (TDCJ). The opinion is in accordance with the State's …
Article • July 15, 2008
Proceedings Ordered After Colorado DOC Ignored Information Request From Segregated Prisoner by Colorado State pro se prisoner Bobbie Pruitt appealed his court-dismissed information request from the Colorado Department of Corrections (DOC) under the Colorado Open Records Act (CORA). The trial court ruled that the information was not "public record." On …
Article • July 15, 2008
Signed Policy, Compelling Interest Permits Colorado County Employee’s Sexually Explicit Email's Disclosure by Arapahoe County (Colorado) Clerk and Recorder, Tracy Baker, and Deputy Clerk Leesa Sale, appealed the court-ordered disclosure of 622 emails and an investigative sexual harassment report. 570 of the emails contained sexually explicit messages between Baker and …
Article • July 15, 2008
Colorado Courts Have No Statutory Duty To Alter Records For Inspection in Electronic Format by The Office of the Colorado State Court Administrator (SCA) appealed the court-ordered release of magnetic computer tapes containing civil and criminal information on people to Background Information Services (BIS). The order was reversed because the …
Article • July 15, 2008
Investigative Evidence Seized From Colorado Homes Subject To CCJRA, Not CORA Provisions by Colorado resident parents of Eric Harris and Dylan Klebold (parents) challenged a Colorado appellate ruling that seized murder preparation recordings made by their sons were governed by the Colorado Open Records Act (CORA) and not the Colorado …
Washington Civilly Committed SVPs Entitled To Less Restrictive Alternative Than McNeil Island by In a brief opinion, the United States Court of Appeals for the Ninth Circuit upheld a decision by the United States District Court for the Western District of Washington which required a "less restrictive alternative" facility to …
Article • July 15, 2008
Washington Civil Commitment Injunction Reaffirmed; No Appellate Jurisdiction to Review Contempt Sanctions by The United States Court of Appeals for the Ninth Circuit reaffirmed their ruling upholding the so-called "Turay Injunction" but refused to hear an appeal of $10 million., in contempt sanctions against the defendants due to lack of …
Article • July 15, 2008
Massachusetts Correctional Institution's BX Unit Ruled Inhumane by Massachusetts Correctional Institution at Bridgewater (MCI) representative, Frank Hall, and other officials objected to a magistrates report finding unconstitutional conditions of confinement at MCl's BX Unit (Unit). The report was adopted and remanded for the magistrate's remedial instruction as Special Master. The …
Virgin Islands Prison Ordered Revamped After Ignoring Court's Warnings by U.S. District Court Judge Warren Young ordered change-at the Golden Grove Adult Correctional Facility (GGACF) in St. Croix, Virgin Islands. The court's original recommendation spurred by numerous complaints was ignored, leading to a persuasive Memorandum Opinion and accompanying order in …
Post-Trial Litigation Fees Awarded Michigan Prisoner After Guard-Ordered Attack by Michigan State prisoner Barton Allen motioned to recover post-litigation fees after being awarded $200,000 in a 42 U.S.C. § 1983 action for a guard-ordered assault. $3,757.50 in attorney's fees were awarded for litigating against the defendant's unsuccessful remittitur petition. A …
Article • July 15, 2008
Florida Contractors Providing Government Services Bound By Public Records Act by Miami Dade County (Florida) created contractor, Dade Aviation Consultants (DAC), appealed a court order to produce records to Knight Ridder, Inc. The records pertained to a lobbyist group hired to assist their renovation of Miami International Airport. The order …
Article • July 15, 2008
Florida Textbook Retailer Ordered To Provide Competition With Trade Secrets by Florida textbook retailer, Booksmart, appealed a court ruling denying them documents from Barnes & Noble (B&N) regarding student correspondence needs. The ruling was reversed and the production ordered. B&N contracts on campus bookstores at Florida Atlantic and Florida International …
Article • July 15, 2008
Suffolk County Jail Ordered To Provide Newspaper Access To Prisoners by Suffolk County (New York) Jail prisoner Donato Manicone brought federal civil rights action against the jail for denial of medical assistance and claimed that he was denied access to newspapers. The medical claim was dismissed as not factual but …
Article • July 15, 2008
Nebraska Police Reports Only Exempt From Disclosure If Investigative Or Intelligence Information by Former misdemeanor convicted Nebraska citizen Phillip Fourcloud appealed the denial of offense and incident report's disclosure relating to his conviction. The court reversed the denial because the City of Fremont failed to prove the document's exemption and …
Article • July 15, 2008
New Mexico AG's Complete Privilege Request Denied Regarding Riot Report Disclosure by The New Mexico State Attorney General (AG) motioned to prevent discovery disclosure of evidence and communications after a riot investigation. The court granted the AG executive privilege only but ordered judicial inspection to determine the appropriate disclosure. Numerous …
Article • July 15, 2008
Arizona AG Defined Parole Board's Records Retention And Disposal Requirements by The Arizona Attorney General (AG) opined the parameters for the Board of Pardons and Paroles (Board) retention and disposal of meetings and hearings recordings, audio tapes and written minutes, and prisoner files after the conclusion of parole. AG Bob …
Article • July 15, 2008
20 Year Old Phoenix Police Investigation Documents Ordered Disclosed To Church by The Church of Scientology of Arizona (Church) appealed a court denial for 20 year old Phoenix Police Department (PPD) documents regarding an investigation of the Church and it's affiliates. The court reversed the denial ruling that no harm …
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