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Deceased PA Prisoner's Medical Records Disclosable by Darlene Lucretia Joe was a Pennsylvania state prisoner at the Philadelphia Industrial Correction Center. Between 4/29/97 and 6/30/97 she requested medical care 15 times, to no avail. On 8/4/97 she died of cerebral herniation. Her estate sued the prison medical subcontractors (defendants), who …
Article • May 15, 2007
FL Prisoner's Suit Against Prison Health Care Providers Timely Filed by On February 8, 1996, Geraldine Seale, a Florida state prisoner, complained to the state Human Relations Commission (Commission) about the medical care she was receiving. The Commission didn't make a reasonable cause determination within 180 days as required by …
Article • May 15, 2007
Indigent NY Prisoner's Action Commenced When Clerk Received Pleadings by Cleveland Lovett, a New York state prisoner, was badly injured while trying to elude police in September of 2002. He was treated at Bellevue Hospital and Riker's Island until February 25, 2003. On April 2, 2004 Lovett mailed a medical …
Article • May 15, 2007
Montana Juvenile Prisoners' Files Disclosable for Purposes of Litigation by The plaintiffs were 16 Montana state juvenile prisoners. For litigation purposes, their lawyer requested from the Pine Hills Youth Correctional Facility (P.H.Y.C.C.) certain of the plaintiffs' personal records, including those regarding the use of pepper spray on the plaintiffs. P.H.Y.C.C. …
Article • May 15, 2007
Non-Stenographic Depositions May Not Require Independent Operator by The District of Columbia Court of Appeals on mandamus review ordered a district court to allow the plaintiff party to take depositions by other than stenographic means. The plaintiff moved the district court, under Rule 30(b)(4), Federal Rules of Civil Procedure, to …
Article • May 15, 2007
Party in Civil Rights Case Not Entitled to Witness Fees, But Non-Parties Are by Party in Civil Rights Case Not Entitled to Witness Fees, but Non-Parties Are A federal district court in New York has held that, in a civil rights action, a pro se prisoner proceeding in forma pauperis …
State Law Creates Liberty Interest by The Supreme Court found that a state law gave a Pennsylvania prisoner a liberty interest in remaining in general population which could not be taken without due process. They ruled, however, that the limited actions taken by prison authorities constituted due process. After being …
Article • May 15, 2007
Stay of Action Must be Sought to Exhaust Administrative Remedies by The Supreme Court of Missouri has held that a prisoner is allowed to file suit against the Department of Corrections, or its employees, prior to exhaustion of administrative remedies providing the suit is filed within the statute of limitations. …
Article • May 15, 2007
Court Adopts Definitions of Tape Recordings by A federal district court in Nebraska has adopted definitions of what constitutes an original and duplicate recording of a tape recorded deposition of a witness, and outlined requirements for taking the deposition. Rule 1001, Rules of Evidence for United States Courts and Magistrates, …
Default Entered Against Guards for Failing to Answer Summons Served by Prisoner by The Ninth Circuit Court of Appeals affirmed a district court's entry of default against prison guards who failed to answer a complaint after being served summons by a non-party prisoner. The 42 U.S.C. §1983 complaint alleged five …
Article • May 15, 2007
District Judge Orders Measures to Ease Overcrowding by Prisoners in the Monmouth County Correctional Institution, a New Jersey county jail, filed suit alleging unconstitutional living conditions due to overcrowding. A district judge assigned a special master to investigate. The special master found serious overcrowding which caused problems in classification of …
Article • May 15, 2007
Independent Operator Not Necessary for Tape Recorded Deposition by A federal district court in Pennsylvania has held that to require an independent operator to oversee the tape recorded deposition of a witness is cost prohibitive. The motion for the tape recorded deposition was made by a state prisoner represented by …
Article • May 15, 2007
Supreme Court Adopts Expert Testimony Standard by The U.S. Supreme Court held that the Federal Rules of Evidence supersedes the "Frye Test" in providing the standard for admitting expert scientific testimony in a federal trial. Two minor children and their parents (petitioners) argued that the children's serious birth defects had …
Article • May 15, 2007
Counsel Cannot Direct Witness Not to Answer Questions by A federal district court in Georgia granted a plaintiff's Motion to Compel answers to deposition questions where counsel advised the witness not to answer the questions. The Court held there was no claim of privilege, and the questions were not harassing …
Court Grants New Trial to Uneducated Pro Se Litigant by A federal district court has granted a new trial to a pro se litigant, who quit school in the tenth grade and displayed during trial a lack of legal knowledge and limited skills, after the jury entered judgment for the …
Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived by Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived On remand from the United States Supreme Court, the Federal District Court of New York held that, generally, a party seeking …
Article • May 15, 2007
Filed under: Civil Procedure, Mandamus
Fla. Mandamus Petition Challenging DR Must be Filed Within 30 Days of Grievance Denial by Florida's First District Court of Appeal has held that a prisoner's filing of a petition for writ of mandamus, rather than one for certiorari, is the proper remedy to challenge a disciplinary sanction. The Court …
Article • May 15, 2007
No Application of Florida's Indigency Statute to Collateral Criminal Proceedings by No Application of Florida's Indigency Statute to Collateral Criminal Proceedings The Florida Supreme Court has held that Florida's Prisoner Indigency Statute (PIS), §57.085, Florida Statutes, does not apply to collateral criminal proceedings. PIS was enacted to reduce the filing …
Article • May 15, 2007
Ohio Prisoner-Medical-Co-Pay Law Retroactive by Joseph Woods, an Ohio state prisoner, is serving a prison sentence imposed before 1996. In 1996 Ohio Rev. Code § 5120.021 went into effect, requiring prisoners requesting medical attention to pay a $3 co-pay. When Woods was charged the co-pay in 2003, he sued prison …
Article • May 15, 2007
Washington Juvenile Dependency Records Not Subject To Disclosure Under PDA by The Washington Department of Social and Health Services (DSHS) filed a dependency action in state court regarding Shanon Deer's children The DSHS refused Deer's request for certain dependency records, so Deer filed an action to compel their disclosure under …
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