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Article • March 1, 2023 • from PLN March, 2023
SCOTUS Helps Revive Malicious Prosecution Claim Against Chicago Police Officers by Kevin Bliss, David Reutter by Kevin Bliss and David M. Reutter On July 14, 2022, in a case on remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Seventh Circuit agreed that a “result opposite” …
Article • August 1, 2022 • from PLN August, 2022
Filed under: Self Incrimination, Miranda
Oregon Court Rules Prisoner’s Admissions in Disciplinary Hearing Violate Miranda, But Harmlessly by Jacob Barrett by Jacob Barrett On September 9, 2021, the Oregon Court of Appeals affirmed the assault conviction of a prisoner based on statements he made during a jail disciplinary proceeding, agreeing with him that they were …
Article • August 1, 2022 • from PLN August, 2022
New York OIG Report Reveals 1,600 State Prisoners Punished Over Faulty Drug Tests by Anthony Accurso by Anthony W. Accurso The Office of the Inspector General (OIG) for the State of New York released a report on January 4, 2022, concluding its “Investigation of New York State Department of Corrections …
Article • August 1, 2022 • from PLN August, 2022
Seventh Circuit Affirms Use Of “Some Evidence” Standard in Reviewing Federal Prisoner’s Disciplinary Violations by Anthony Accurso by Anthony W. Accurso In an opinion reached on December 6, 2021, the U.S. Court of Appeals for the Seventh Circuit upheld a district court’s ruling that a federal prisoner’s disciplinary sanctions were …
Article • June 1, 2022 • from PLN June, 2022
Fifth Circuit Reinstates Louisiana Prisoner’s Excessive-Force Claim Despite Prison Disciplinary Conviction Issued for the Same Incident by Matthew Clarke by Matt Clarke In its decision 28 years ago in Heck v. Humphrey, 512 U.S. 477 (1994), the U.S. Supreme Court held that a prisoner’s claims affecting the duration of his …
Fifth Circuit Reinstates Louisiana Prisoner’s Suit Dismissed on Heck Grounds, Holds Related Disciplinary Convictions Don’t Absolutely Bar Excessive Force Claims by Matthew Clarke by Matt Clarke On November 17, 2021, the same day it explained that a Louisiana prisoner’s civil rights claims are not necessarily barred by related prison disciplinary …
Article • March 28, 2022
Fifth Circuit Refuses to Reinstate Louisiana Federal Prisoner’s Suit Challenging Disciplinary Sanction for Breaking CPAP Machine by Jacob Barrett by Jacob Barrett Holding that explicit intent is not necessary to find a prisoner guilty of misconduct, the U.S. Court of Appeals for the Fifth Circuit issued a concerning decision on …
Article • March 1, 2022 • from PLN March, 2022
$40,251 Default Judgment for Detainee in Malicious Prosecution by Georgia Police Officer by On March 26, 2021, a federal district court in Georgia awarded a $40,251 default judgment in a lawsuit alleging malicious prosecution by a Savannah-Chatham Metropolitan Police Officer. The damages were mainly due to the time spent in …
Article • March 1, 2022 • from PLN March, 2022
California Court of Appeal Holds Prisoner May Challenge Administrative Disciplinary Violation Already Served by Matthew Clarke by Matt Clarke A recent ruling by a California courtunderlines the importance for a prisoner to zealously guard his prison record, even after a challenge seems moot, for the impact it may yet hold …
Article • September 15, 2021 • from PLN September, 2021
Mississippi Supreme Court Applies Pro Se Leniency in Reversing Dismissal of Prisoner’s Lawsuit Challenging Prison Disciplinary Action by Matthew Clarke by Matt Clarke On April 29, 2021, the Supreme Court of Mississippi reversed the dismissal of a Mississippi Department of Corrections (DOC) prisoner’s pro se lawsuit challenging a prison disciplinary …
Brief • September 15, 2021
Filed under: Malicious Prosecution
Phoenix v. Day One, RI, Memo and Order, Malicious Prosecution, 2021 Case 1:20-cv-00152-MSM-PAS Document 58 Filed 09/15/21 Page 1 of 5 PageID #: 663 IN THE DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND __________________________________________ ) ) ) ) v. ) ) DAY ONE, et al, ) Defendants. ) __________________________________________) …
Brief • April 21, 2021
Filed under: Malicious Prosecution
Phoenix v. Day One, Dft's Reply in Support of Motion, Malicious Prosecution, 2021 Case 1:20-cv-00152-MSM-PAS Document 42 Filed 04/21/21 Page 1 of 5 PageID #: 350 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND SIMONE E. PHOENIX, Plaintiff v. DAY ONE, DEB WINGATE-SILVA, FAMILY SERVICE OF RHODE ISLAND, …
Brief • April 14, 2021
Filed under: Malicious Prosecution
Phoenix v. Day One, RI, Plaintiff's Memo in Opposition of Motion to Dismiss, Malicious Prosecution, 2021 Case 1:20-cv-00152-MSM-PAS Document 41 Filed 04/14/21 Page 1 of 2 PageID #: 338 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND SIMONE E. PHOENIX, : : : : : Plaintiff v. DAY …
Brief • March 31, 2021
Filed under: Malicious Prosecution
Phoenix v. Day One, RI, Dft's Memo in Support of Motion to Dismiss, Malicious Prosecution, 2021 Case 1:20-cv-00152-MSM-PAS Document 39-1 Filed 03/31/21 Page 1 of 8 PageID #: 329 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND SIMONE E. PHOENIX, Plaintiff v. DAY ONE, DEB WINGATE-SILVA, FAMILY SERVICE …
Prosecutors Drop Charges Against Florida Prisoner Accused of Assaulting Guard After Video Surfaces by Kevin Bliss by Kevin Bliss Prosecutors dismissed felony aggravated assault charges against jail detainee Mike Neal and placed three guards under criminal investigation for battery and official misconduct after previously unreported video surfaced of the incident …
Brief • December 11, 2020
Filed under: Malicious Prosecution
Phoenix v. Day One, RI, Report and Recommendation, Malicious Prosecution, 2020 Case 1:20-cv-00152-WES-PAS Document 28 Filed 12/11/20 Page 1 of 11 PageID #: 276 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND SIMONE E. PHOENIX, Plaintiff, : : : v. : : DAY ONE, THE PROVIDENCE CENTER, INC., …
Article • August 1, 2020 • from PLN August, 2020
Nevada Court Rules Prison Officials Withheld Evidence from Prisoner by David Reutter by David M. Reutter A Nevada federal district court found on February 7, 2020 that prison officials were liable for failing to provide evidence to a prisoner during disciplinary proceedings. The Court’s grant of summary judgment to Nevada …
Article • August 1, 2020 • from PLN August, 2020
Michigan Prisoner’s Malicious Prosecution Claim Survives Summary Judgment by David Reutter by David M. Reutter On February 28, 2020, the Sixth Circuit Court of Appeals held that the parties’ conflicting self-serving statements precluded the grant of summary judgement for defendants in a lawsuit alleging malicious prosecution. Before the court was …
Brief • June 30, 2020
Filed under: Malicious Prosecution
Phoenix v. Day One, RI, Memo in Support of Dft's Objection to Motion, Malicious Prosecution, 2020 Case 1:20-cv-00152-WES-PAS Document 25-1 Filed 06/30/20 Page 1 of 10 PageID #: 200 MJC:mes 95466 \Pleadings\95466 30d Memo in Support 6-30-20 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND SIMONE E. PHOENIX …
Brief • June 24, 2020
Filed under: Malicious Prosecution
Phoenix v. Day One, RI, Memo in Support of Plaintiff's Motion to File Second Complaint, Malicious Prosecution, 2020 Case 1:20-cv-00152-WES-PAS Document 24-1 Filed 06/24/20 Page 1 of 14 PageID #: 159 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND SIMONE E. PHOENIX, Plaintiff v. DAY ONE, DEBRA WESTGATE-SILVA, …
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