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CCA-Run Immigrant Family Detention Center in Texas Violates Settlement Conditions by Matthew Clarke by Matt Clarke On April 9, 2007, a federal district court in Texas held that the conditions of confinement at a privately-run facility used by Immigration and Customs Enforcement (ICE) to hold families detained due to immigration …
Seventh Circuit Rejects Federal Prisoner’s Necessity Defense by Seventh Circuit Rejects Federal Prisoner's Necessity Defense The Seventh Circuit found that a federal prisoner had failed to prove the requisite elements of the "necessity" defense in a prison weapon possession prosecution. In 1992, David Sahakian was sentenced to 360 months in …
Eleventh Circuit Condemns One-Sentence Qualified Immunity Denial Order by The Eleventh Circuit Court of Appeals has reversed an Alabama federal district court?s order denying jail officials? motions to dismiss on qualified immunity ground, admonishing the district court for only entering ?one sentence orders denying? the motions. Kevin Danley sued under …
Article • January 15, 2008 • from PLN January, 2008
Filed under: Civil Procedure, Complaints
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 lawsuit for failure to state a claim. The appellate court also held that the prisoner was entitled to amend his complaint. Indiana prisoner Kenneth Marshal …
Article • January 15, 2008 • from PLN January, 2008
Self-Defense: A New Jersey Prisoner’s Right by Self-Defense: A New Jersey Prisoner's Right A New Jersey Superior Court, Appellate Division, has held that a prisoner has a right to self-defense while incarcerated. Thus, a hearing officer must make specific findings when a self-defense theory is asserted. The ruling came in …
Eighth Circuit Holds State Funding of Iowa Faith-Based Prison Unconstitutional by Michael Rigby On December 3, 2007, a three-judge panel of the U.S. 8th Circuit Court of Appeals held that partial state funding of a religious-based prison program in Iowa was unconstitutional. The Court further held that InnerChange, a division …
Article • January 15, 2008 • from PLN January, 2008
Alabama Corrections Commissioner’s Contempt Order Upheld by Alabama Corrections Commissioner's Contempt Order Upheld Alabama's Supreme Court has affirmed a Montgomery County Circuit Court's order holding Alabama Department of Corrections (ADOC) Commissioner Richard Allen in contempt, with the threat of jail time. The order stemmed from a lawsuit filed by counties …
Brief • December 20, 2007
Jordan v. Pugh, CO, Order Granting Motion to Withdraw Pending Motions, 2007 Case 1:02-cv-01239-MSK-KLM Document 406 Filed 12/20/07 USDC Colorado Page 1 of 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 02-cv-01239-MSK-KLM MARK JORDAN, Plaintiff, v. MICHAEL V. PUGH, et al., Defendants. ORDER The parties’ …
Brief • December 19, 2007
Jordan v. Pugh, CO, Settlement Agreement, First Amendment Violation, 2007 Case 1:02-cv-01239-MSK-KLM Document 402 Filed 12/19/07 USDC Colorado Page 1 of 4 UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Case No. 02-cv-01239-MSK-KLM MARK JORDAN, Plaintiffs, v. MICHAEL PUGH, et al., Defendants. STIPULATED SETTLEMENT AGREEMENT BY AND BETWEEN PLAINTIFF AND DEFENDANTS …
Brief • December 18, 2007
Prison Legal News v. Tilton, CA, Complaint, CDCR Public Records, 2008 ,- DEPARTMENT --+0--6_ ~ _ F'~'t-=~~j{ ~i~itJ~J.¥l~:Ht i;~t9~~~ (:itf Ca~~f1}mia~ 5 ROSEN, BIEN & GALVAN, LLP Sanford Jay Rosen, Bar No. 62566 Amy Whelan, Bar No. 215675 Lon Rifkin, BarNo. 244081 KennethM. Walczak, BarNo. 247389 315 Mont~omery Street, 10th …
Article • December 15, 2007
Off Duty CA Jail Guard Acted Under Color of State Law by Saying He Was a Cop by On July 30, 2001, Thomas Anderson accidentally rear-ended Charles Warner's vehicle. Warner, a Mendocino County Jail Guard, went to Anderson's car and assaulted him. When a crowd gathered, Warner ordered people to …
Article • December 15, 2007
Settlement Agreement Involving New York Principal's Dismissed Disciplinary Actions Ordered Disclosed by New York Jericho Teacher's Association Vice President Anthony LaRocca appealed a State Supreme Court's 1993 dismissal of a petition to disclose settlement documents regarding the discipline of a principal. The dismissal was reversed and a redacted disclosure was …
Article • December 15, 2007
Attica And Coxsackie Riot Tapes' Production Ordered To Media With Appropriate Redaction by The New York Department of Correctional Services (DOCS) appealed an Albany County Supreme Court judgment ordering the disclosure of tapes during uprisings at two correctional facilities. Disclosure was affirmed. The Buffalo Broadcasting Company, Inc., (Media) requested tapes …
Article • December 15, 2007
Deceased Prisoner's Medical Reports Ordered Disclosed To Commission Of Correction Chairman by Chairman of the New York Commission of Correction Alan Croce motioned to compel document production concerning a prisoner's death and treatment. County Department of Health Service Medical Director Jeanne Alicandro, M.D., had denied the request. The court ordered …
Article • December 15, 2007
New York School Construction Authority's Property Acquisition Details Ordered Disclosed by New York attorney Michael Greco petitioned for the disclosure of appraisal and settlement documents involving New York School Construction Authority (Authority) acquisitions. The Authority moved to dismiss but the court ordered the documents produced. The Authority took parcels of …
Article • December 15, 2007
Prisoners' Record Requests Enforceable Under U.S. Constitution and N.Y. Law by Erie County, New York, District Attorney Frank Clark appealed a State Supreme Court ruling granting prisoner Daryl Hillard disclosure of documents regarding his prosecution. The court affirmed the disclosure. Clark refused to produce the documents arguing that a prisoner's …
Article • December 15, 2007
Citizen Who Triggered Investigation Against Baltimore Police Refused Access To Report's Findings by Maryland citizen Kevin Briscoe appealed a 1993 court ruling denying the disclosure of investigative records initiated by his complaint against Baltimore police. The court affirmed nondisclosure because Briscoe was not the subject of the investigation. Briscoe and …
Article • December 15, 2007
Secretary Of Corrections And Parole Commission Chairman Can Release Statutorily Protected Prisoners' Records by Larry Justus of the General Assembly and Parole Commission Chairman (Chairman) Juanita Baker probed the North Carolina Attorney General's Office (AG) for protocol regarding the authority and release of parolee records. The AG instructed them that …
Article • December 15, 2007
In Forma Pauperis Status Does Not Waive Copying Fees When Requesting Records by Pro se Georgia State prisoner Embery McBride petitioned the Appellate Court to review a 1990 court ruling granting the Columbus, Georgia, police chief's (Chief) motion dismissing his action for the deliberate denial of documents. The court ruled …
Article • December 15, 2007
Georgia Sheriff Offers Requested Documents After Legal Action Initiated by Georgia attorney Bruce Millar appealed a 1999 state court denial of his motion for an injunction which would require document production for use in his client's federal suit. The court affirmed the denial because Millar was offered the documents after …
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