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Article • May 15, 2007
Florida Public Records Law Provides No Exemption of Photographs that Fail to Identify Sexual Assault Victim by Florida Public Records Law Provides No Exemption of Photographs that Fail to Identify Sexual Assault Victim The First District Court of Appeal has held that photographs of a sexual assault victim that do …
Supreme Court Defines Federal Officials Immunity for State Tort Violations by The U.S. Supreme Court has held that federal officials are entitled to absolute immunity from state-law tort actions only when the federal official's conduct is within the scope of their official duties and the conduct is discretionary in nature. …
Article • May 15, 2007
Presentence Investigation Reports Accessible Under Freedom Information Act by The U.S. Supreme Court held that prisoners could receive copies of their presentence investigation reports under the Freedom of Information Act (FOIA). In two separate incidents prisoners filed suit after their requests for copies of their presentence investigation reports were denied …
Article • May 15, 2007
FL Disciplinary Mandamus Petition Exempt from Prisoner Indigency Statute by The Florida Supreme Court has held a writ of mandamus filed by prisoner Daniel K. Schmidt, challenging the loss of gain time incurred as a disciplinary sanction, is a collateral criminal proceeding" that is exempt from Florida's Prisoner Indigency Statute …
Article • May 15, 2007
Order Closing Missouri's Platte County Jail Affirmed on Appeal by The United States Court of Appeals for the Eighth Circuit affirmed a federal district court's order closing the Platte County Jail. Platte County Jail prisoners brought an action against the jail for violation of their Eighth Amendment right against cruel …
Article • May 15, 2007
Parole Board Decision One Time Act That Fails to Toll Statute of Limitations by Parole Board Decision One Time Act That Fails to Toll Statute of Limitations The Eleventh Circuit Court of Appeals held a parole board's setting of a parole date is a one time act and not a …
Article • May 15, 2007
Parole Hearing Does Not Estopp False Arrest Suit by The Second Circuit Court of Appeals reversed a district court's grant of summary judgment, holding that the facts found at the plaintiff's parole hearing did not have collateral estoppel effect, and that a genuine issue of fact existed in excessive force …
Article • May 15, 2007
Release-Dismissal Agreement Bars Future Suit by The Seventh Circuit Court of Appeals affirmed a Northern District of Indiana district court's order granting summary judgment, which held that a release agreement dismissing criminal charges in exchange for release from liability in a 42 U.S.C. § 1983 action was valid and barred …
EMSA Not Liable for Ohio Prisoner's Restraint-Related Injury by In this case involving an Ohio prisoner whose fingers required amputation due to allegedly improperly applied restraints, the Ohio Court of Appeals, Tenth Appellate District, affirmed a jury's verdict in favor of EMSA Correctional Care, a for-profit health care provider. Plaintiff …
Injunctive Relief Reversed Due to Lack of Personal Stake by The U.S. Supreme Court reversed a judgment granting injunctive relief in a §1983 action against Philadelphia police. Respondents brought a §1983 action against Philadelphia officials, including the Mayor and the Police Commissioner, alleging a pervasive pattern of illegal and unconstitutional …
Article • May 15, 2007
Supervision Not Required for Failure to Obtain Leave to Take Prisoner's Deposition by Supervision Not Required for Failure to Obtain Leave to Take Prisoner's Deposition The Sixth Circuit Court of Appeals has held that the failure to request and receive court permission to take a prisoner's deposition in a civil …
Article • May 15, 2007
Memorandum Read Into Evidence as Recollection; Permissible as Exception to Hearsay Rule by Memorandum Read Into Evidence as Recollection; Permissible as Exception to Hearsay Rule The Second Circuit Court of Appeals held a memorandum can be read into evidence under the exception to the hearsay rule for past recollection recorded, …
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 …
Article • May 15, 2007
Filed under: Civil Procedure, Service
Indiana Law Requires Service by Mail at Place of Employment by The Seventh Circuit Court of Appeals held that Indiana law requiring service of process upon an individual by mail at the individual's "place of business or employment" requires service at the location where he actually reports for work rather …
Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction by Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction The U.S. Ninth Circuit Court of Appeals affirmed a contested permanent injunction issued by the U.S. District Court, Northern District of California, against the California Department of Corrections (CDC), to remedy …
Article • May 15, 2007
Parties May Not Choose Specific Magistrate Judge by The Seventh Circuit Court of Appeals held that parties in a litigation cannot choose a specific magistrate judge, but may elect to have a magistrate judge preside over the case. The parties agreed to a settlement in this suit involving a wrongful …
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 …
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