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Article • May 15, 2007
Licensed Attorney Acting Pro Se Not Entitled Attorney Fee Award by The United States Supreme Court held that an attorney who represents himself pro se in a civil rights action may not receive an award of attorney fees under 42 U.S.C. § 1988 for that self-representation. The Petitioner was a …
Article • May 15, 2007
Washington DOC Pays $3,000 for Failing to Timely Disclose Public Records by The Washington Department of Corrections (WDOC) agreed to pay $2,997.50 to settle a lawsuit under the Public Disclosure Act brought in a Washington Superior Court, Thurston County, by the International Brotherhood of Electrical Workers Local Union No. 76 …
Preliminary Injunction Carries Judicial Imprimatur for Attorney Fee Award by The Ninth Circuit Court of Appeals held that a party who obtains a preliminary injunction is a "prevailing party" entitled to an award of attorney fees. This action originated as a 42 U.S.C. 1983 suit claiming that officials of California's …
Prevailing Party Status Obtained by Enforceable Settlement Agreement or Preliminary Injunction Granted by Prevailing Party Status Obtained by Enforceable Settlement Agreement or Preliminary Injunction Granted The Ninth Circuit Court of Appeals held that a party who reaches a settlement agreement enforceable by the court, or who has obtained a preliminary …
Pro Se Litigant Not Entitled to Attorney Fee Award by Pro Se Litigant Not Entitled to Attorney Fee Award. The Seventh Circuit Court of Appeals held that a litigant acting pro se cannot be awarded attorney fees as a prevailing party under the Equal Access to Justice Act (EAJA), 28 …
Article • May 15, 2007
Los Angeles County Policy Of Lump Sum § 1983 Settlements May Interfere With Right To Counsel by Los Angeles County Policy Of Lump Sum § 1983 Settlements May Interfere With Right To Counsel by John E. Dannenberg The Ninth Circuit US Court of Appeals permitted a case to proceed in …
Article • May 15, 2007
$11,000 Paid in Illegal WA DNA Testing by McNeil Island Corrections Center Andre R. Goncalves filed a 42 U.S.0 §1983 action in the Western District of Washington federal court. The complaint asserted Fourth Amendment claims for requiring him to give a blood sample for DNA in the State's DNA database …
Attorney Fee Award Under § 1988 Not Recoverable from Nonparty by After a man became a suspect in the murder of a Kentucky state trooper, various police officials raided the man's father's house and arrested all of the occupants, which did not include the man. The occupants filed suit in …
Article • May 15, 2007
Attorney Fees Awarded in Long-Running Jail Class Action Suit by A federal district court in Texas awarded over $2,463,000.00 in attorney fees pending an effective date of the Civil Rights Attorney's Fees in a 15-year old civil rights action brought by prisoners in the Harris County (Texas) jail. Upward adjustment …
Article • May 15, 2007
Constitutional Issue Not Required for Attorney Fees Award by This case arose out of a Connecticut woman's federal court challenge under 42 U.S.C. § 1983 to Connecticut's Aid to Families with Dependent Children (AFDC) regulations which denied her credit for actual work-related expenses. The complaint was decided in the woman's …
$2,220,000 Settlement To Missouri Prisoners Formerly Housed In Texas by Over seven hundred Missouri state prisoners, who were formerly housed as part of a bed-sharing program in Texas prison facilities from January 1, 1995, through December 31, 1997, filed a Federal class action civil rights complaint regarding conditions of confinement …
Court Denies Defendant Attorney Fees in Prisoner Death Case by The decedent died of pneumonia in prison and the defendants moved for attorneys' fees after the court granted them summary judgment. The court denies the motion, since the plaintiffs' allegations were not frivolous. The defendants argued that plaintiffs sued defendants …
TN Newspaper Entitled to Full Attorney Fees in Actions to Compel Disclosure of Public Records by TN Newspaper Entitled to Full Attorney Fees in Actions to Compel Disclosure of Public Records Police in Lebanon, Tennessee conducted a drug raid at the wrong house and fatally shot the man who lived …
$1 Awarded To Utah Prisoner After Untimely Appeal Fails by Former Utah pre trial detainee Charles Farnsworth filed a Federal civil rights complaint against Salt Lake County Sheriff Aaron Kennard, the Salt Lake County Jail, and Salt Lake County Jail Captain David Glad, alleging denial of his First Amendment rights …
$1,000 Verdict in Religious Freedom Case by Michigan prisoner David Marsh is a follower of Wicca. He had previously prevailed in a lawsuit requiring the Michigan Department of Corrections to recognize Wicca as a religion. Despite that order, prison officials refused Marsh the opportunity to practice a part of his …
Article • May 15, 2007
Offer of Judgment Must Include Attorney Fees by The plaintiff filed a class action against a collection agency and the defendant served an offer of judgment for the maximum amount that the plaintiff could recover, plus $500 for attorneys' fees and costs. The offer of judgment to the named plaintiff …
Article • May 15, 2007
$1.45 Million Settlement in Mentally Ill Alabama Jail Prisoner's Death by Fifteen days after he entered Alabama's Mobile Jail, James Carpenter died of an infection from a flesh-eating bacteria. During his period of incarceration, Carpenter was kept in solitary confinement, naked and shackled on his hands and wrists. Abrasions from …
Article • May 15, 2007
Settlement Requires Trial Over Attorney Fees by The plaintiff sued for civil rights violations related to his arrest and then died. His estate settled the suit, leaving open costs and attorneys' fees. The district court rejected both the defendants' request for an evidentiary hearing and the plaintiff's request for fees. …
Article • May 15, 2007
Los Angeles Lump Sum Settlement Policy Enjoined by The plaintiff was entitled to a preliminary injunction on her claim that, as to her case, the county's policy of offering only lump sum settlements (i.e., covering damages and attorneys' fees) violated federal law. The Supreme Court's decision in Jeff D. v. …
Years Later, $95,000 Attorney Fees Paid in Essex County Jail Conditions Suit by After 12 years of disputing the amount to be paid to Massachusetts Correctional Legal Servicer (MCLS) for attorney fees relating to a class action suit, officials in Essex County agreed on July 8, 2004, to pay $95,069.89 …
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