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Otherwise Exempt NY Correctional Incident Reports, Related Documents Ordered Disclosed With Appropriate Redaction by New York State prisoner Abdul Beyah appealed a court's 2002 affirmation of the New York Department of Correctional Services (DOCS) refusal to produce incident reports from the Auburn Correctional Facility (ACF). The court ordered the information …
Article • December 15, 2007
Nondisclosure Of Prosecutor's Investigative Notes Reversed, Remanded For Inspection To Determine Merit by New York State pro se prisoner Hector Chebere appealed a 2002 court order denying the production of notes containing a witness statement made prior to his conviction. The court reversed and remanded for an in camera inspection …
Missouri: New State Law Conceals Identity of Executioners by John Dannenberg by John E. Dannenberg Missouri enacted a new law declaring the identity of those personnel participating in the execution process to be a state secret. The statute provides a legal cause of action for damages and punitive damages against …
Article • December 15, 2007
Arresting Protestors Without Warrant Verdict Upheld by The Court of Appeals for the District of Columbia affirmed a jury verdict finding the class plaintiff's rights were violated when they were arrested on the U.S. Capitol steps without warrant. The class plaintiffs, who were Congressman Ronald V. Dellums, engaged in a …
Article • December 15, 2007
Maryland Public Information Act Requires Disclosure of Criminal Case File To Defendant by Maryland's Court of Special Appeals has held that a criminal defendant is entitled to disclosure relating to his prosecution for murder upon request under the Maryland Public Information Act (MPIA) once there is no pending proceeding. Maryland …
Michigan DOC Employees Immune From State Court Damages for Raping Women Prisoners by The Michigan Court of Appeals has held that claims for monetary damages from violations of The Michigan Constitution do not exist against individual government employees. Such claims, however, may ensue for violations of Michigan's Civil Rights Act. …
Article • December 15, 2007
Arizona Applies PLRA to State Court § 1983 Suits by by Bob Williams Relying on the Prison Litigation Reform Act (PLRA) language providing no action shall be brought without exhaustion of remedies, and upon Congress' desire that federal rights laws be applied uniformly within each state, the Arizona court of …
Article • December 15, 2007
Massachusetts’ Corrections Commissioner Has Duty to Comply with Court’s Transfer Order by Massachusetts' Corrections Commissioner Has Duty to Comply with Court's Transfer Order The First Circuit Court of Appeals has held that a district court has authority to order a Corrections Commissioner to transfer prisoners to create constitutional conditions. That …
Article • December 15, 2007
Tennessee Act Exempts Only Pending Investigative Materials From Public Disclosure by City of Memphis Police Department Director, John Holt, sought reversal of a Tennessee Court of Appeals affirmation of an order allowing closed investigative file access to the Memphis Publishing Company (media). The order was affirmed. A shootout ensued in …
Article • December 15, 2007
Tennessee Prisoners Entitled to Submit Public Records Act Requests by Tennessee State prisoner Robin Cole challenged an appellate affirmation of his denial to make Public Records Act (Act) requests. The denial was reversed in the case of first impression. Cole requested documents from the Commissioner of Corrections regarding a riot …
Texas Attorney General Determines Documents' Exemption After Use of Force Against Prisoner by The Office of the Attorney General (AG) for the State of Texas opined the legal parameters regarding the release of investigative records and polygraph procedures used for testing employees of the Department of Criminal Justice (TDCJ). This …
Amended Tennessee Statute Ruled Retroactive For Denial Of Records Request by Tennessee State death row prisoner Richard Taylor's attorney, Sabin Thompson, appealed a 1991 dismissal of a petition to compel the Internal Affairs Division (IAD) of the Department of Corrections (DOC) to produce records concerning Taylor's murder conviction, The records …
Wrongful Death At Wallens Ridge State Prison Settled For $1,540,000 by In 2002, the state of Connecticut paid $1.1 million and in 2003 the state of Virginia paid $350,000 to the family of Connecticut state prisoner Larry Frazier who died a torturous death in a supermax prison. To ease Connecticut …
Article • December 15, 2007
Eighth Circuit Holds Partial Exhaustion Requires Total Dismissal by The Eighth Circuit Court of Appeals held that 42 U.S.C. § 1997e(a) requires dismissal of a complaint alleging multiple prison conditions claims against multiple defendants, when each claim against each defendant was not fully exhausted administratively before filing. Missouri prisoners Malik …
Abuse of Discretion to Deny Leave to Amend by The Sixth Circuit Court of Appeals reversed a lower court's erroneous grant of summary judgment to police on claims that they unlawfully detained a man, then evicted him from his home. The Court also found that it was an abuse of …
Article • December 15, 2007
Attorneys May be Sued as State Actors When Colluding with Judge by Matthew Clarke by Matthew T. Clarke On June 17, 2005, the United States Court of Appeals for the Fifth Circuit held that private attorneys could be sued as state actors in a civil rights action in federal district …
IL Prisoner Beaten by Cops and Not Provided Medical Attention States 1983 and Negligence Claims by Faried El-Uri, a prisoner of the city of Chicago, Illinois was knocked down and kicked in the stomach by a detective during questioning so hard that his spleen was ruptured. He moved slowly and …
Article • December 15, 2007
Alabama Corporations Serving Municipalities Ordered to Comply With Open Records Act by The Water Works and Sewer Board (Board) of the City of Talladega, Alabama, appealed its court ordered subjection to records disclosure under the State's Open Records Act (Act). Consolidated Publishing, Inc. (Publisher), appealed the same ruling as to …
Article • December 15, 2007
Texas DA's Closed Files Exempt From Disclosure Under Act by Harris County, Texas, District Attorney (DA) John Holmes appealed an appellate affirmation ordering the disclosure of "closed" investigative files. The order was reversed because internal records disclosure was not statutorily mandated. Holmes possessed active and closed files of past and …
Article • December 15, 2007
Texas Grand Jury Information, Prisoners' Record Requests Statutorily Denied by Texas State pro se prisoner Alvin Harrison appealed the dismissal of his petition for a writ of mandamus regarding the 1997 denial of his request for grand jury documents involved in his conviction. Dismissal was affirmed because grand jury documents …
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