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Court of Appeals Upholds Judicial Immunity in Civil Rights Claim

Article • May 15, 2013

Filed under: Immunity/Liability, Judicial Immunity

Court of Appeals Upholds Judicial Immunity in Civil Rights Claim by The United States Court of Appeals for the Eighth Circuit affirmed in August 2012 the judgment of the U.S. District Court for the Eastern District of Missouri, that the civil rights claims against state court Judge Patrick Young be …

8th Circuit: Prisoner's Right to Avoid Involuntary Medication Safeguarded Only by Minimal Procedural Due Process Protections

Article • April 15, 2013

Filed under: Mental Health, Involuntary Treatment/Drugging

8th Circuit: Prisoner's Right to Avoid Involuntary Medication Safeguarded Only by Minimal Procedural Due Process Protections by In a case alleging that a prisoner's transfer, detention, and involuntary medication violated his Due Process rights, the Eighth Circuit has affirmed the district court's grant of summary judgment to the defendant prison …

Second Circuit: SORNA Applies to All Sex Offenders

Article • April 15, 2013

Filed under: Federal Statutory Law, Sex Offender Registration and Notification Act

Second Circuit: SORNA Applies to All Sex Offenders by Mark Wilson The Second Circuit Court of Appeals held that the federal Sex Offender Registration and Notification Act (SORNA) applied upon enactment to sex offenders whose predicate sex offense convictions predate SORNA. The appellate court also held that violation of SORNA’s …

Missouri Private Jail Assessed Back Sales and Use Taxes

Article • April 15, 2013

Filed under: Private Prisons

Missouri Private Jail Assessed Back Sales and Use Taxes by The En Banc Missouri Supreme Court held that a private jail must pay $14,056.25 in sales tax and $5,459.79 in use tax, plus interest, on its purchase of prisoner meals, clothing, soap, shampoo, medical supplies and other consumables between 2000 …

Missouri Supreme Court Remands Child Custody Case

Article • April 15, 2013

Filed under: Family, Family Law, Mothers in Prison, Parental rights

Missouri Supreme Court Remands Child Custody Case by A divided Supreme Court for the State of Missouri reversed in January 2011 a judgment in the termination of parental rights of E.M.B.R. (Mother) and the subsequent granting of the petition for adoption of C.M.B.R. (Child) into the care of M.M. and …

Mays v. Howell, MO, Plaintiff's Memo in Opposition of Defendant's MSJ, Cop Killed Dog, 2013

Brief • March 20, 2013

Filed under: Excessive Force, Dogs, Qualified Immunity, Supervisory Liability, Fourth Amendment, rights

Mays v. Howell, MO, Plaintiff's Memo in Opposition of Defendant's MSJ, Cop Killed Dog, 2013 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI NORTHERN DIVISION MARCUS MAYS, Plaintiff, v. DOUG HOWELL, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 2:12-CV-6 JCH PLAINTIFF’S MEMORANDUM IN …

“Shocks the Conscience” Test Applied to Conditions at Civil Commitment Center

Article • March 15, 2013 • from PLN March, 2013

Filed under: Disciplinary Hearings, Legality of Rules, Staffing, Sex Offender Treatment, Civil Commitment

“Shocks the Conscience” Test Applied to Conditions at Civil Commitment Center by The Eighth Circuit Court of Appeals has held that the “shocks the conscience” standard, as opposed to the “professional judgment” standard, is the proper analysis when determining an alleged due process violation based on the treatment and discipline …

Eighth Circuit: Procedurally Defaulted Grievances Decided on Merits are Considered Exhausted

Article • March 15, 2013 • from PLN March, 2013

Filed under: PLRA, Administrative Exhaustion (PLRA)

Eighth Circuit: Procedurally Defaulted Grievances Decided on Merits are Considered Exhausted by On June 15, 2012, the Court of Appeals for the Eighth Circuit reversed the dismissal of a prisoner’s claims related to inadequate medical care. Missouri state prisoner Mark E. Hammett, while housed at the Jefferson County Correctional Center, …

Eighth Circuit Affirms Post-Verdict Nominal Damages Request

Article • March 15, 2013

Filed under: Civil Procedure, Damages, Jury Instructions

Eighth Circuit Affirms Post-Verdict Nominal Damages Request by The Eighth Circuit Court of Appeals affirmed a lower court's denial of a post-verdict request to instruct the jury to award nominal damages and a motion to alter or amend the judgment to include nominal damages. Clayton Miller was seen visibly intoxicated, …

Supreme Court Adopts Strickland Prejudice Standard for Rejected Plea Bargains

Article • February 15, 2013 • from PLN February, 2013

Filed under: Guilty Pleas, Attorneys, Appointment of Counsel, Attorney Misconduct, Public Defenders, Malpractice (Attorneys), Habeas Corpus

Supreme Court Adopts Strickland Prejudice Standard for Rejected Plea Bargains by Derek Gilna The U.S. Supreme Court, in a 5-4 ruling, has extended Strickland guarantees of effective legal representation to defendants entering into plea bargains. According to Justice Anthony Kennedy, who delivered the majority opinion of the Court, “The reality …

Dog case settlement - MO Lawyers Weekly - 2-18-13

Brief • February 8, 2013

Filed under: Shootings, Dogs, Excessive Force (Police)

Dog case settlement - MO Lawyers Weekly - 2-18-13

Tanner v. City of Sullivan, Jury Verdict, Jail Suicide, 2013

Brief • January 18, 2013

Filed under: Guard Misconduct, Jail Misconduct, Wrongful Death, Suicides

Tanner v. City of Sullivan, Jury Verdict, Jail Suicide, 2013 Case: 4:11-cv-01361-NAB Doc. #: 199 Filed: 01/18/13 Page: 1 of 2 PageID #: 3702 VERDICT Note: Complete this form by writing in the names required by your verdict. On the claim of plaintiffs Debora Tanner, Danny Palmer, and Callista Baker …

Mays v Howell, MO, Amended Complaint, Police Shot Restrained Dog 2012

Brief • January 15, 2013

Filed under: Police Misconduct, Excessive Force (Police)

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Missouri County Ordered to Present Civil Detainees Before Court within 27 Hours; $75,000 Damages Settlement

Article • December 15, 2012 • from PLN December, 2012

Filed under: Prompt Hearings, Wrongful Imprisonment, Family, Family Law

Missouri County Ordered to Present Civil Detainees Before Court within 27 Hours; $75,000 Damages Settlement by A Missouri federal district court has entered a consent decree in a class-action lawsuit that prohibits county officials from holding people detained for more than 27 hours, excluding weekends and holidays, on a civil …

Jones v. City of St. Louis, MO, Complaint, Mistaken Identity, 2012

Brief • September 6, 2012

Filed under: Wrongful Imprisonment

Jones v. City of St. Louis, MO, Complaint, Mistaken Identity, 2012 Case: 4:12-cv-01220-ERW Doc. #: 27 Filed: 09/06/12 Page: 1 of 18 PageID #: 204 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION TRAVIS JONES, Plaintiff v. CITY OF ST. LOUIS Serve: Francis Slay, Jr. 1200 …

Fahy v. TASER International, MO, Deposition, Use of Tasers, 2012

Brief • August 24, 2012

Filed under: Stun Guns/Tasers, Laser Weapons, Depositions

Fahy v. TASER International, MO, Deposition, Use of Tasers, 2012 Deposition of Dr. Mark Kroll - 8/24/2012 Colin Fahy v. Taser International, Inc., et al. Page 1 1 IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS 2 STATE OF MISSOURI 3 CAUSE NO. 0922-CC10076-01 4 -------------------------------- 5 COLIN …

Termination from Drug Treatment Program Fails to State Liberty Interest Claim

Article • August 15, 2012 • from PLN August, 2012

Filed under: Liberty Interests, Parole, Probation, Mental Health, Drug Treatment/Rehab

Termination from Drug Treatment Program Fails to State Liberty Interest Claim by The Eighth Circuit Court of Appeals has held that the decision of prison officials to remove a prisoner from a drug treatment program, which made him ineligible for a probated sentence, was insufficient to confer a liberty interest …

Missouri Court Finds Prisoner Phone Contract Bidding Process Unfair

Article • July 15, 2012 • from PLN July, 2012

Filed under: Misconduct/Corruption, Contractor Misconduct, DOC/BOP misconduct, Telephone Rates

Missouri Court Finds Prisoner Phone Contract Bidding Process Unfair by On November 30, 2011, a Missouri circuit court held that adding optional services to the state’s prisoner telephone contract without putting those services out for competitive bidding would render the contract void. The court found the current contract was valid, …

Davis v. Tenet Health System, MO, Petition, Wrongful Death Thrombosis, 2012

Brief • 2012

Filed under: Medical Misconduct, Blood, Failure to Treat, Failure to Protect (Wrongful Death)

Davis v. Tenet Health System, MO, Petition, Wrongful Death Thrombosis, 2012 IN THE CIRCUIT COURT OF SAINT LOUIS CITY STATE OF MISSOURI ) ) Plaintiff, ) Cause No. ) v. ) Division No. ) TENET HEALTH SYSTEM SL, INC. ) d!bla ) SAINT LOUIS UNIVERSITY HOSPITAL ) ) (Serve: The …

Missouri Offender Rulebook MO DOC 2012

Publication • 2012

Missouri Offender Rulebook MO DOC 2012 OFFENDER RULEBOOK -\ \ MISSOURI DEPARTMENT OF CORRECTIONS / . MISSOURI DEPARTMENT OF CORRECTIONS MISSION STATEMENT The Missouri Department of Corrections supervises and provides rehabilitative services to adult offenders in correctional institutions and Missouri communities to enhance public safety. I ___--=..:::-=--=--~~ .t.i!.l,_,c---;;;=======:::::::::::::::===============- ! I …