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Article • July 15, 2008
South Carolina Prisoners' Furlough Eligibility Prior To 1993 Amendment Grand-fathered by South Carolina State Corrections and Parole entities appealed a judgment entitling prisoners within six months of release to participate in a furlough program. The program's eligibility requirements were changed by a 1993 statutory amendment. The court affirmed the judgment. …
Article • July 15, 2008
Ohio DNA Testing Provisions Allow Relevancy Determination Prior To Requiring Mitigative Submission by The Ohio State Court of Appeals reversed the denial of DNA testing requests by prisoner Paul Buehler concerning his 1985 murder conviction but certified a conflict of statutory authority to the Supreme Court. The denial was reinstated …
Article • July 15, 2008
Massachusetts Woman's Nonproductive Informant Based Vaginal Drug Search Ruled Non Actionable by Massachusetts resident Shirley Rodriques petitioned for review of a 1986 appellate summary judgment grant to defendants for qualified immunity in her action for her unproductive vaginal drug search. The Supreme Judicial Court, sua sponte, assumed jurisdiction and affirmed …
Article • July 15, 2008
Florida Contractors Providing Government Services Bound By Public Records Act by Miami Dade County (Florida) created contractor, Dade Aviation Consultants (DAC), appealed a court order to produce records to Knight Ridder, Inc. The records pertained to a lobbyist group hired to assist their renovation of Miami International Airport. The order …
Article • July 15, 2008
Florida Textbook Retailer Ordered To Provide Competition With Trade Secrets by Florida textbook retailer, Booksmart, appealed a court ruling denying them documents from Barnes & Noble (B&N) regarding student correspondence needs. The ruling was reversed and the production ordered. B&N contracts on campus bookstores at Florida Atlantic and Florida International …
Article • July 15, 2008
Filed under: Police, False Arrest
$100,000 Settlement For Airline Employee's Retaliatory Arrest By California Sheriff's Deputy by Los Angeles International Airport (California) employee, James Jones, was arrested after stopping what appeared to be an unauthorized breech of security in 2003. An undercover deputy had allegedly shown Jones his identification. Jones filed a federal civil rights …
Article • July 15, 2008
Suffolk County Jail Ordered To Provide Newspaper Access To Prisoners by Suffolk County (New York) Jail prisoner Donato Manicone brought federal civil rights action against the jail for denial of medical assistance and claimed that he was denied access to newspapers. The medical claim was dismissed as not factual but …
$3,101,876 Awarded Deceased FBI Informant's Estate After Former Agent Revealed Identity by Emily Mclntyre, as administratix of her deceased son's estate, sued former FBI Agent John Connolly for proximately causing the informant's 1984 death by revealing his identity to mobsters. The estate was awarded $3,101,876. A fisherman and FBI informant, …
Article • July 15, 2008
Nebraska Police Reports Only Exempt From Disclosure If Investigative Or Intelligence Information by Former misdemeanor convicted Nebraska citizen Phillip Fourcloud appealed the denial of offense and incident report's disclosure relating to his conviction. The court reversed the denial because the City of Fremont failed to prove the document's exemption and …
Article • July 15, 2008
New Mexico AG's Complete Privilege Request Denied Regarding Riot Report Disclosure by The New Mexico State Attorney General (AG) motioned to prevent discovery disclosure of evidence and communications after a riot investigation. The court granted the AG executive privilege only but ordered judicial inspection to determine the appropriate disclosure. Numerous …
Article • July 15, 2008
Arizona AG Defined Parole Board's Records Retention And Disposal Requirements by The Arizona Attorney General (AG) opined the parameters for the Board of Pardons and Paroles (Board) retention and disposal of meetings and hearings recordings, audio tapes and written minutes, and prisoner files after the conclusion of parole. AG Bob …
Article • July 15, 2008
20 Year Old Phoenix Police Investigation Documents Ordered Disclosed To Church by The Church of Scientology of Arizona (Church) appealed a court denial for 20 year old Phoenix Police Department (PPD) documents regarding an investigation of the Church and it's affiliates. The court reversed the denial ruling that no harm …
Article • July 15, 2008
Arizona Prisoners' Records Requests Statutorily Denied; No Constitutional Right To Work Furlough by Arizona State pro se prisoner Richard Berry appealed the dismissal of his due process claims for being denied work furlough and copies of his criminal records. The dismissal was affirmed. Berry requested his master record file after …
Article • July 15, 2008
Arizona Jail Detainees' Offense Report's Disclosure Statutorily Mandated by Pima County (Arizona) Jail detainee Lawrence Carlson appealed a court dismissal of his action for defamation against Sheriff Clarence Duprik. Duprik released an offense report to the press resulting in a slanderous article. The report was ruled a public record and …
Article • July 15, 2008
Disclosure Of Arizona Investigative Reports Involved In Active Litigation Statutorily Denied by Maricopa County (Arizona) Attorney Thomas Collins appealed a 1987 court ruling granting the production of investigative police reports involved in active ongoing litigation to the media. He also appealed the media's award of attorney's fees and costs which …
Arizona Agencies' Public Records Denial Condoned If In Best Interest Of Agencies. by The City of Tucson (Arizona) and it's police department (TPD) appealed a court ruling requiring active litigation document's production with awards for attorney's fees. The requestor appealed the order denying partial production. The production determination was affirmed …
Article • July 15, 2008
Former Arizona County Manager's Personal Emails Not Subject To Disclosure by Former Pinal County (Arizona) Manager Stanley Griffis appealed a court ruling requiring the disclosure of 90 personal emails after his 2005 suspension for illegally purchasing firearms with County funds. One email's production was affirmed but the rest were reversed. …
Article • July 15, 2008
Arizona Pre-Litigated Investigative Reports Not Subject To Disclosure Absent Compelling Grounds by The Maricopa County (Arizona) Adult Probation Department (Department) appealed the court-ordered production of investigatory files concerning the requestor's disciplinary action. The appellate production order was vacated. Department employee Frederic London was suspended for alleged misconduct in 2000 pending …
Article • July 15, 2008
Utah High School Discrimination Survey Results Ordered Disclosed by Nevada-based T.V. station KUTV, Inc., and reporter Carl Idsvoog (media) appealed the production denial of survey results stemming from discrimination allegations against Box Elder High School in Utah. The issue was remanded for redacted production after an in camera inspection. The …
Article • July 15, 2008
Colorado Police Statutorily Entitled To Own Promotion Exam's Disclosure by Denver (Colorado) policeman John Pinder appealed the denial of his action to compel the Civil Service Commission's (CSC) production of his promotional exam results when denied sergeant status. The denial was reversed to comply with mandated statutory production. Pinder's 1987 …
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