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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 …
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 …
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