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Article • January 15, 2008
Prisoner's History of Protection and Notice of Danger Defeats Summary Judgment by The New York Court of Claims has denied prison officials' motion for summary judgment in a case alleging failure to protect. The plaintiff in this action, Clifford J. Faust, had been transported to four different prisons to protect …
Article • January 15, 2008
Reassignment of Right to Seek Attorney Fees Not Reassignable by The Ninth Circuit Court of Appeals has held that a client may not convey his or her right to seek or waive attorney's fees for their counsel. This action began when Wilma Pony, the guardian of Paulette Pony, a minor, …
Article • January 15, 2008
Removal to Federal Court Denied State Court Jurisdiction by The Missouri Court of Appeals held that a state circuit court lacked jurisdiction to rule on a summary judgment motion in a case that had been removed to federal court. Missouri prisoner Edward Moore successfully sued Correctional Medical Services (CMS) for …
Article • January 15, 2008
OH DOC Not Required to Take Prisoners Outside of Prison for Religious Rites by Ralf Beasley, an Ohio state prisoner, wanted to convert to Orthodox Judaism, but to do so he would have to visit an outside synagogue to receive a ritual bath called a Mikvah. When prison officials refused …
Article • January 15, 2008
OH Mental Health Service Not Subject to Public Records Act by The state of Ohio created a mental health services board (Board), which was to contract with and govern private mental health providers to ensure that even indigents and the uninsured could receive mental health services. The Board in Stark …
Article • January 15, 2008
Once Court Orders Arrestee Held, Police Have No Duty to Investigate Mistaken Identity by The Seventh Circuit Court of Appeals has held that once an arrested person has been brought before a court and ordered held, law enforcement has no duty to verify claims of mistaken identity. Chicago police stopped …
PA Prisoner's Civil Rights Action Viable Because Factual Dispute Exists by Vincent Cortlessa, a Pennsylvania state prisoner, sued guards and a private health care company in federal district court after the guards beat him and the health care company didn't provide him with adequate care. He argued that these actions …
Article • January 15, 2008
3 Strikes And You’re Out - Usually by 3 Strikes And You're Out -- Usually In 2004, Anthony Williams, a Pennsylvania state prisoner, sued a number of guards in a federal district court. He claimed, among other things, that they weren't treating his terminal disease. Williams had three prior suits …
Article • January 15, 2008
Alleged Inappropriate Delay in Prisoner’s Hep C Treatment States 8th Amendment Claim by Alleged Inappropriate Delay in Prisoner's Hep C Treatment States 8th Amendment Claim Salvatore Chimenti, a Pennsylvania state prisoner, was taken off his medication for Hepatitis C and made to wait over two years for a new drug, …
Article • January 15, 2008
CA Prisoner's Convictions for Conspiracy to Smuggle Drugs Vacated for Bad Jury Instructions by Jaime Jasso, a California state prisoner, made several phone calls to someone outside of prison named Ruben. Guards monitored those calls and discovered that their purpose was for Passo to give Ruben directions for obtaining drugs …
Article • January 15, 2008
Guards’ Failure to Enforce Prison No-Smoking Policy May Violate 8th Amendment by Guards' Failure to Enforce Prison No-Smoking Policy May Violate 8th Amendment Dwayne Manning, a federal prisoner, was exposed to cigarette smoke when prison guards didn't enforce the prison's no-smoking policy. He developed medical problems and sued the guards …
Article • January 15, 2008
New Jersey Appeals Court Upholds Disabled Guard’s $236,000 Award by New Jersey Appeals Court Upholds Disabled Guard's $236,000 Award On June 30, 2006, the Superior Court of New Jersey, Appellate Division, upheld a jury's award of $236,000 to a former Gloucester County jail guard who claimed he was forced to …
Oklahoma Discipline Vacated Following Ruling in Gamble; No Evidence Violates Due Process by The Tenth Circuit Court of Appeals held that an Oklahoma prisoner was denied due process of law when he was punished in the absence of evidence to support the disciplinary violation. Oklahoma prisoners "are required to keep …
Article • January 15, 2008
Police Documents Sought under Public Records Act Exempt for Irreparable Harm Probability by The Chronicle Publishing Company, dba Worcester Telegram and Gazette (T&G), motioned for a preliminary injunction in 1999 to obtain records regarding internal police reports from Worcester Chief of Police Edward Gardella and the City. The City refused, …
Police Informant's Identity Protected; Investigation Spurred by Accusation Merit Less by Pennsylvania policeman Mathew Barton appealed the dismissal of his action to compel Inspector Ralph Penco, the Police Commissioner, and the City of Philadelphia to disclose the identity of an informant who accused him of receiving stolen property. No action …
Article • January 15, 2008
Police Test Scores Disclosure Ordered Under Pennsylvania's Right to Know Law by Pennsylvania newspaper The Times Leader (TTL), a division of Cypress Media, Inc., appealed the dismissal of its action to compel the production of records regarding the test results of police candidates on the list for the City of …
Article • January 15, 2008
Private Parties Cannot Contract Away Right to Access Public Records by Pennsylvania accounting firm Cogen, Sklar and Levick (Firm) petitioned for declaratory judgment that a settlement agreement's terms of confidentiality exempted the agreement's public disclosure. The insurance department, a party to the agreement, along with the Philadelphia Enquirer, filed preliminary …
Article • January 15, 2008
Protection from Personal Document's Disclosure Does Not End With Death in Pennsylvania by Temple University law student Hayes Hunt petitioned the court to review the Pennsylvania Department of Corrections' (DOC) 1996 order denying his request for medical and mental health records of executed prisoner Leon Moser. The denial was affirmed …
Article • January 15, 2008
Psychological Records' Denial Upheld; Specificity in Request Required under Pennsylvania Act by Pro se Pennsylvania state prisoner Amitha Nanayakkara appealed the court's dismissal of his petition for a writ of mandamus to obtain records for use in filing a civil suit in federal court. The denial and dismissal were upheld …
Article • January 15, 2008
Records Requested by Victim Ordered When Police Failed to Justify Lawful Exemption by Massachusetts resident Tameeka Messier filed a motion to compel to acquire documents from the Boston Police Department, Area D 14 (BPD), regarding an injury she allegedly suffered in 1997 during a concert. The BPD failed to present …
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