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Article • August 15, 2013
City of Chicago Sanctioned for Obstructing Discovery in Case of Wrongful Murder Prosecution by In October 2012, the City of Chicago was sanctioned for obstructing the discovery process in a case alleging that city police officials unconstitutionally brought a murder prosecution against a man they had reason to believe was …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Civil Procedure, Sanctions
Sixth Circuit Addresses Spoliation Sanction Standard by In holding that the determination of a spoliation sanction should be left to the discretion of the district court, considering the facts of each case individually, the Sixth Circuit Court of Appeals held it would not upset a district court's decision unless it …
Article • August 15, 2013
9th Circuit: Sanctions Under FRCP 45(c)(1) Not Justified Merely Because Party Seeking Discovery Failed to Prevail by In November 2012, the Ninth Circuit reversed a district court’s sanction order granting attorney fees and costs under Fed. R. Civ. P. 45(c)(1), holding that sanctions are inappropriate merely because, during discovery, a …
Article • May 15, 2013
Florida Supreme Court Bars Repetitious Prison Litigant by The Florida Supreme Court imposed sanction on a state prisoner for repeatedly filing meritless legal petitions with both the First District Court of Appeals and the Florida Supreme Court. Shernerd Richardson was serving his sentence for a sex offense when he appealed …
Brief • April 18, 2013
Hawkins v. City of New York, NY, Order Sanctioning Defendant's Failure to Respond, False Arrest and Excessive Force, 2013 Case 1:12-cv-06411-PAE Document 11 Filed 04/18/13 Page 1 of 9 tISIlC SDNY DQCU~~NT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------}( . :EJ:.~eTaONlCALL Y "I.LED. DOC#~.~____~~~~ DATE FILED: 1/-//1$ …
Dismissal for Inability to Pay Monetary Sanctions Reversed by The Seventh Circuit Court of Appeals reversed the dismissal for failure to pay a $9,055.14 attorney fee sanction against an indigent Plaintiff. Bruce A. Williams brought federal suit against four Illinois police officers for false arrest and excessive force. He alleged …
Brief • June 7, 2012
Filed under: Sanctions
Rodriguez v. County of LA, CA, Order re Pltff Mot, Monetary Sanctions, 2012 Case 2:10-cv-06342-CBM-AJW Document 155 Filed 06/07/12 Page 1 of 2 Page ID #:1876 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION CIVIL MINUTES--GENERAL Case Nos. CV 10-6342 CBM (AJWx) Date: June 7, 2012 Title: HERIBERTO …
Article • May 15, 2012
Discovery Sanction against New York City Sets Stage for Probable Damages Award in False Imprisonment Suit by Derek Gilna By Derek Gilna In a decision published on December 8, 2009, from an appeal of parts of an order of the Supreme Court, Queens County dated November 28, 2007, which denied …
Article • November 15, 2011
Court's Sanctions for BOP's Refusal to Discuss Settlement Vacated by The Fifth Circuit Court of Appeals reversed a district court's sanctions against two Assistant U.S. Attorney's for not making good faith settlement discussions. The plaintiff/prisoner collided with an unpadded pole while pursuing a fly ball during a softball game at …
Article • June 15, 2011 • from PLN June, 2011
Sanctions Against Prisoner for Alleged “Frivolous” Habeas Petition Improper, Tenth Circuit Decides by Sanctions imposed by an Oklahoma trial court on a state prisoner who filed a “frivolous” habeas petition were improper, the U.S. Court of Appeals for the Tenth Circuit held in an unpublished opinion. Alvin Parker is a …
Article • May 15, 2011
Sanctions Against Prisoner for Alleged “Frivolous” Habeas Petition Improper, Tenth Circuit Decides by Sanctions imposed by an Oklahoma trial court on a state prisoner who filed a “frivolous” habeas petition were improper, the U.S. Court of Appeals for the Tenth Circuit held in an unpublished opinion. Alvin Parker is a …
Article • April 15, 2011
Sixth Circuit: No Sanction for Third-Party Spoilation in Michigan by Matthew Clarke By Matt Clarke On March 21, 2008, a panel of the Sixth Circuit court of appeals held that a defendant could not be sanctioned for third-party spoilation of evidence in a Michigan case involving excessive use of force …
Article • February 15, 2010 • from PLN February, 2010
Remedial Sanctions Denied in Wisconsin Class-Action Jail Suit by Jimmy Franks In July 2009, the Supreme Court of Wisconsin entered an opinion reversing an appellate court’s decision that instructed a lower court to order remedial damages in a class-action lawsuit filed on behalf of Milwaukee County jail prisoners. The suit …
Article • October 15, 2009 • from PLN October, 2009
Filed under: Civil Procedure, Sanctions
Nebraska Prison Officials Must Pay Attorney’s Fees in Kosher Diet Case; Found in Contempt After Excrement Discovered in Prisoner’s Food by Brandon Sample Nebraska prison officials cannot delay paying $204,856.28 in attorney’s fees and costs awarded in a lawsuit where they were found to have violated the First Amendment and …
Article • August 15, 2009 • from PLN August, 2009
Seventh Circuit Vacates Dismissal for Failure to Prosecute; $50,000 + Fees Awarded Following Remand by The Seventh Circuit Court of Appeals has reversed a district court’s dismissal of a prisoner’s suit for failure to prosecute. The appellate court found the severe sanction of dismissal was not justified. Illinois prisoner Amilcar …
Article • July 15, 2009
Court Rejects Self-Analysis Privilege; Orders Jail Officials to Comply with Subpoena by U.S. Magistrate Judge Diane Welsh has granted a motion to enforce a subpoena for records in a class action suit challenging the adequacy of medical care at the Bucks County Correctional Facility in Pennsylvania. The plaintiffs served a …
California Juvenile Parolees Entitled to Two-Step Revocation Process; Case Settles by John Dannenberg California Juvenile Parolees Entitled to Two-Step Revocation Process; Case Settles by John E. Dannenberg The U.S. District Court for the Eastern District of California has held that the rights of California juvenile parolees were violated by the …
Officials Agree To Cap Population at D.C. Jail by Michael Rigby After decades of fighting lawsuits, skirting court orders, and defying legislative decrees, the District of Columbia Mayor’s Office has finally agreed to a definitive population cap at the notoriously overcrowded and dangerous D.C. Jail. Under the terms of the …
Cook County Jail Conditions Unconstitutional, Charges Department of Justice by David Reutter Cook County Jail Conditions Unconstitutional, Charges Department of Justice by David M. Reutter On July 11, 2008, the U.S. Department of Justice’s Civil Rights Division issued a letter to officials at Illinois’ Cook County Jail (CCJ) which found …
Fondled Hawaiian Transexual Prisoner Awarded $817,500 in Damages and Attorney Fees by Matthew Clarke Fondled Hawaiian Transexual Prisoner Awarded $817,500 in Damages and Attorney Fees by Matt Clarke On March 18, 2008, Hawaiian First Circuit Court Judge Sabrina S. McKenna awarded a pre-operative transgendered prisoner who had been sexually abused …
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