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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 …
Article • July 15, 2008
Arizona Prisoners' Records Requests Statutorily Denied; No Constitutional Right To Work Furlough by Arizona State pro se prisoner Richard Berry appealed the dismissal of his due process claims for being denied work furlough and copies of his criminal records. The dismissal was affirmed. Berry requested his master record file after …
Article • July 15, 2008
Arizona Jail Detainees' Offense Report's Disclosure Statutorily Mandated by Pima County (Arizona) Jail detainee Lawrence Carlson appealed a court dismissal of his action for defamation against Sheriff Clarence Duprik. Duprik released an offense report to the press resulting in a slanderous article. The report was ruled a public record and …
Article • July 15, 2008
Disclosure Of Arizona Investigative Reports Involved In Active Litigation Statutorily Denied by Maricopa County (Arizona) Attorney Thomas Collins appealed a 1987 court ruling granting the production of investigative police reports involved in active ongoing litigation to the media. He also appealed the media's award of attorney's fees and costs which …
Arizona Agencies' Public Records Denial Condoned If In Best Interest Of Agencies. by The City of Tucson (Arizona) and it's police department (TPD) appealed a court ruling requiring active litigation document's production with awards for attorney's fees. The requestor appealed the order denying partial production. The production determination was affirmed …
Article • July 15, 2008
Former Arizona County Manager's Personal Emails Not Subject To Disclosure by Former Pinal County (Arizona) Manager Stanley Griffis appealed a court ruling requiring the disclosure of 90 personal emails after his 2005 suspension for illegally purchasing firearms with County funds. One email's production was affirmed but the rest were reversed. …
Article • July 15, 2008
Arizona Pre-Litigated Investigative Reports Not Subject To Disclosure Absent Compelling Grounds by The Maricopa County (Arizona) Adult Probation Department (Department) appealed the court-ordered production of investigatory files concerning the requestor's disciplinary action. The appellate production order was vacated. Department employee Frederic London was suspended for alleged misconduct in 2000 pending …
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