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Article • September 15, 2007 • from PLN September, 2007
Illinois Parole Board Pays Nearly $11,000 in Attorney Fees, Can Only Charge Reasonable Postage and Copying Costs by On February 7, 2007, the Appellate Court of Illinois ruled that because the Illinois parole board had wrongfully withheld documents and charged outrageous fees for copies, it was liable for attorney fees …
A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE by A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE A Review of …
Article • June 15, 2007 • from PLN June, 2007
$2.5 Million Settlement in Schenectady County Strip Search Suit by On July 31, 2006, Schenectady County, New York, agreed to settle a suit over its county jail strip search policy for $2.5 million. This is a class-action civil rights lawsuit brought in federal district court pursuant to 42 U.S.C. § …
Texas District Court Awards $174,020 in Attorney Fees in Prisoner Beating Case by The U.S. District Court for the Southern District of Texas, Houston Division, awarded $174,020.83 in attorney fees and costs to counsel for a jail prisoner beaten by other prisoners due to incitement by a jail guard. On …
Article • May 15, 2007
Attorney Fees Awarded Despite Lack of Damages in Minnesota Jail Strip Search Suit by The U.S. District Court for the District of Minnesota awarded attorney fees to a jail detainee even though a jury found the plaintiff had sustained no damages. Robert Swart was arrested by the Scott County [Minnesota] …
Article • May 15, 2007
Ninth Circuit Assesses Double Costs, Fees, and Damages Against Montana Prison Officials by Following remand in Pepperling v. Crist, 678 F.2d 787 (9th Cir. 1982), Montana prison officials appealed the Ninth Circuit's nude photograph ruling. The appeal was dismissed "because it is frivolous and brought in bad faith to vex, …
Article • May 15, 2007
Tenth Circuit Upholds Injunction Against Juvenile Mail Censorship by The Tenth Circuit Court of Appeals upheld a district court's holding that a Utah private school for youths with behavioral problems violated the First and Fourteenth Amendment rights of the students by monitoring and censoring their outgoing mail and forcing the …
Article • May 15, 2007
Expert Witness Fees Not Recoverable Under 42 U.S.C. § 1988 by Expert Witness Fees Not Recoverable Under 42 U.S.C. § 1988 The United States Supreme Court held in a West Virginia case that fees for services rendered by experts in civil rights litigation may not be shifted to the losing …
Iowa Ban on Racist Literature Enjoined by The U.S. Southern District of Iowa held that a state prison could not deny racist material to prisoners. Tracy Nichols, an Iowa state prisoner, sought to receive materials from several different churches, including the Church of Jesus Christ Christian (CJCC). The CJCC promotes …
Article • May 15, 2007
Attorney Fees as Catalyst for Change Certified to California Supreme Court by Attorney Fees as Catalyst for Change Certified to California Supreme Court. The Ninth Circuit Court of Appeals has certified to the California Supreme Court two questions: 1) Under California law, may attorney fees be awarded where the plaintiff …
Article • May 15, 2007
Attorney Fees Awarded in Partial Victory Gained By Order Setting Forth Settlement by The Third Circuit Court of Appeals has reversed a Pennsylvania District Court's order denying the award of attorney fees to the plaintiff in an action settled prior to a hearing for a preliminary injunction. This 42 U.S.C. …
Article • May 15, 2007
Attorney Fees Not Reducible for Failure to Win on All Issues by The court of appeals for the Eighth Circuit held that an attorney fee award for the plaintiff as a prevailing party should not be reduced because relief was not granted on every issue alleged or raised in the …
Attorney Sanctioned For Unreasonably, Vexatiously Prolonging Litigation by The U.S. District Court for the District of New Mexico held that an attorney representing a prisoner in a civil rights action against prison officials had acted "unreasonably and vexatiously" pursuant to 28 U.S.C. § 1927, and ordered him to pay defendants' …
Prison Disciplinary Board Members Not Entitled to Absolute Immunity by The U.S. Court of Appeals for the Seventh Circuit held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit; that the amount of compensatory damage award did not warrant interference …
Nominal Damages Merit Attorney Fee Award; Erroneous Jury Instruction Standard Discussed by Nominal Damages Merit Attorney Fee Award; Erroneous Jury Instruction Standard Discussed The Eighth Circuit Court of Appeals held an Iowa District Court did not abuse its discretion when it awarded attorney fees after a jury awarded only nominal …
First Circuit: Win on Plaintiff's Core Claims Merits Attorney Fees by On December 19, 2003 the U.S.. First Circuit Court of Appeals held that a plaintiff who prevailed on his core claims against a Massachusetts police officer was entitled to attorney fees. Plaintiff Phaly Poy, 24, claimed that while at …
Article • May 15, 2007
Settlement's Retention of Jurisdiction for Enforcement is Functional Equivalent of Consent Decree by Settlement's Retention of Jurisdiction for Enforcement is Functional Equivalent of Consent Decree The Eleventh Circuit of Appeals has held a Florida settlement agreement's provision that retains "the district court's jurisdiction for enforcement of the agreement" is the …
Article • May 15, 2007
Supreme Court Overturns Dismissal of §1983 Action by Supreme Court Overturns Dismissal of §1983 Action The U.S. Supreme Court affirmed in part and reversed in part a lower court's judgment dismissing an Illinois prisoner's action under 42 U.S.C. § 1983 and ordering him to pay the respondent's attorney fees, which …
State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency by State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency The Eleventh Circuit Court of Appeals held that a state prisoner sentenced to death is not entitled to the appointment of federally funded …
Oregon Protesters Awarded $845,000 in Excessive Force Actions by The City of Portland, Oregon has paid $300,000 in damages and $545,000 in attorney's fees to twelve protesters who brought excessive force actions against the Portland Police Bureau. On August 22, 2002, President Bush visited Portland. As a Republican fundraiser was …
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