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Federal Judge Holds Texas Parole Board Coleman Hearings Unconstitutional by Matthew Clarke by Matt Clarke On August 6, 2009, a federal judge ruled that hearings held by the Texas Board of Pardons and Paroles (BPP) to determine whether onerous sex offender conditions should be imposed on parolees not convicted of …
Article • February 15, 2010 • from PLN February, 2010
Failure to Raise Issue in Rule 50 Motion Prohibits Argument on Appeal; $214,000 Verdict Upheld by The Sixth Circuit Court of Appeals has affirmed a jury’s verdict that found a municipality liable despite there being no finding of liability on the part of the individual defendants. The facts in this …
Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur by John E Dannenberg by John E. Dannenberg A pro se Pennsylvania state prisoner won a jury verdict of $5,000 in compensatory damages plus $100,000 in punitive damages against a prison official who openly and repeatedly retaliated against him after he …
Remitter Granted In Malicious Prosecution Action; Court Denies Request for State to Indemnify Defendant by A remitter has been ordered in a 42 U.S.C. § 1983 action brought by a psychologist formerly employed by the New York State Office of Mental Retardation and Developmental Disabilities (DMRDD) after the psychologist was …
$500,000 Awarded to New York Prisoner Raped by Jail Guard; Vacated on Post-Trial Motion by A New York federal jury awarded a woman $500,000 in a lawsuit claiming that her constitutional rights were violated when a guard forcibly raped her. The verdict, however, found the sheriff was not guilty of …
Strip-Searched Iowa Bush Protesters Awarded Damages at Trial, Re-Trial by Matthew Clarke by Matt Clarke On June 4, 2008, a federal jury in Iowa awarded $750,000 to two political protesters who were arrested at the direction of the Secret Service, taken to jail and unlawfully strip-searched. After the court ordered …
Article • July 15, 2009
No Jury Bias in Trial of Prisoner’s Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit rejected a prisoner’s attempt to obtain a new trial of deliberate indifference claims based on jury bias. Gilbert Arreola sued Mohammed Choudry, a prison doctor, for deliberately indifferent treatment of …
Jury Award Exceeds $1.5 Million in New York Malicious Prosecution Case by On June 24, 2008, a New York federal jury found two New York City police officers liable in a Section 1983 malicious prosecution suit brought by security guard & part-time state police officer Anthony Manganiello. Manganiello's initial suit …
New Trial and JNOV Denial Upheld in $15,545,000 Michigan Prisoner Sexual Harassment Case by Matthew Clarke New Trial and JNOV Denial Upheld in $15,545,000 Michigan Prisoner Sexual Harassment Case by Matt Clarke On January 27, 2009, the Michigan Court of Appeals upheld a trial court’s denial of a motion for …
District of Columbia Rehabilitation Program Contractor Liable in Juvenile’s Death; $1,000,000 Verdict Upheld by Bob Williams District of Columbia Rehabilitation Program Contractor Liable in Juvenile’s Death; $1,000,000 Verdict Upheld by Bob Williams Re-Direct, Inc., a company that provides services for juveniles for the District of Columbia, appealed the denial of …
$170,000 Jury Verdict in Sacramento Jail Beating by $170,000 Jury Verdict in Sacramento Jail Beating In April 2008, a federal jury in Sacramento, California returned verdicts against five Sacramento County Jail deputies for beating a prisoner and denying him food and water for eight hours. Although the facts were contested, …
Medical Contractors Are Not State Employees Under Nebraska Law by The Eighth Circuit Court of Appeals has held that a contract medical service provider is not a state employee under Nebraska law; thus, a prisoner is not required to exhaust administrative remedies under the Nebraska State Tort Claims Act (NSTCA) …
Article • January 15, 2009
Ruling On Represented Petitioners' Pro Se Motions Subject To Appellate Review by Texas prisoner Elmer Robinson sought review of the denial of his pro se motion for a new trial, filed while he was represented by appointed counsel. Remand was ordered to determine the nature of the denial. Robinson appealed …
Jury Awards Indiana Prison Law Library Clerk $1,150 for Retaliation by Jury Awards Indiana Prison Law Library Clerk $1,150 for Retaliation On April 3, 2008, a federal jury awarded $1,150 to a prison law library clerk in a lawsuit claiming retaliation by a prison librarian. Charles Watkins, a law clerk …
Beecham v. City of West Sacramento, CA, Motion for Partial Summary Judgment, Police Excessive Force, 2008 4 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Fax: (510) 452-5510 5 Attorneys for Plaintiffs 1 …
Article • August 15, 2008
Grant of Out-of-Time Appeal in Texas Allows Filing of Motion for New Trial by On January 24, 2007, the Texas Court of Criminal Appeals (CCA) held that, when it grants a habeas petitioner relief in the form of an out-of-time appeal, the defendant may file a motion for new trial …
Article • August 15, 2008
Grant of Out-of-Time Appeal in Texas Allows Filing of Motion for New Trial by On January 24, 2007, the Texas Court of Criminal Appeals (CCA) held that, when it grants a habeas petitioner relief in the form of an out-of-time appeal, the defendant may file a motion for new trial …
Article • August 15, 2008
New Trial Ordered in NY False Arrest and Beating Suit by The jury found that the plaintiff had been falsely arrested and detained and had been the object of excessive force, but awarded only $1.00 in nominal damages. If the evidence shows that a plaintiff's injuries were caused by excessive …
Evidence in Arizona Fatal Prisoner Abuse Suit Tailored in In Limine Ruling by The U.S. District Court for the District of Arizona ruled in limine on pre trial evidence following the denial of qualified immunity for Maricopa County Sheriff Joseph Arpaio in a § 1983 suit involving the death of …
Qualified Immunity for NY Prison Officials Over Stabbing by The plaintiff's decedent was stabbed by another inmate (he survived and died later of unrelated causes). The jury awarded $1.00 against prison officials. The court grants defendants' motion for judgment as a matter of law. There was insufficient evidence to support …
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