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Article • December 15, 2007
Bail Enhancement Not Excessive When Fulfilling Particular Purpose; Hearing Must Be Held by California attorney Jeffrey Galen's 2001 release from jail after being arrested for domestic violence surprised authorities, as he made an enhanced bail of $1 million. His fiancee dropped the charges when he was released. In 2002 Galen …
Article • December 15, 2007
Chinese Citizen's Misdemeanor Assault Does Not Justify Removal Under Crime of Violence; Entitled to Fees Under EAJA by China native and permanent U.S. resident Hua Fang's misdemeanor assault in Montana led a U.S. Immigration Judge (IJ) to order his deportation. The Board of Immigration Appeals (BIA) affirmed the order without …
Article • December 15, 2007
NY Sex Offender's Risk Level Three Classification Affirmed by John Laraby, a New York state parolee, was denied a risk level reduction by a New York state trial court at a rehearing in accordance with a ruling in another case. Laraby believed that, based on his exemplary parole record, his …
Sovereign Immunity Not Waived by Federal Extradition Act by The Eighth Circuit Court of Appeals has held that the Federal Extradition Act does not waive a state's sovereign immunity. This action was filed by St. Charles County, Missouri (County), seeking $5,421.86 from the State of Wisconsin for costs incurred for …
Article • December 15, 2007
TN Chancery Court Must Award Reasonable, Rather Than All, Costs and Fees to Winner in Public Records Act Cases by The Pollow family settled a civil rights action against police in Memphis, Tennessee after officers killed Adam Pollow while "restraining" him. The Settlement Agreement (Agreement) netted the Pollows $475,000. Contemporary …
Total Exhaustion Rule Should Apply Separately to Each Plaintiff by The Tenth Circuit Court of Appeals has held that when multiple prisoners join in a civil rights complaint, but only one of those prisoners has exhausted administrative remedies on all of the claims asserted, it is error to dismiss the …
Article • December 15, 2007
Filed under: Mental Health
$4.9 Million Settlement in Louisiana Jail Prisoner-On-Prisoner Beating by The City of Shreveport, Louisiana settled with the family of a prisoner that was severely beaten by another prisoner in the City's jail. The $4.9 million settlement is for damages incurred by Carl Edwin Janski in March 2002. Janski had several …
Article • December 15, 2007
$4.9 Million Settlement in Louisiana Jail Prisoner-On-Prisoner Beating by The City of Shreveport, Louisiana settled with the family of a prisoner that was severely beaten by another prisoner in the City's jail. The $4.9 million settlement is for damages incurred by Carl Edwin Janski in March 2002. Janski had several …
Article • December 15, 2007
Alabama Jail Dispatcher Awarded $250,157 for Sexual Harassment/Retaliation by A female jail dispatcher who was sexually harassed and retaliated against was awarded $250,157. Melissa Hunter was a jail dispatcher for the Barbour County, Alabama, Sheriff. In 2002, her supervisor, George Parham, subjected her to sexual harassment. Beginning in November, 2002, …
Article • December 15, 2007
Prisoner-Exclusion Clause in Virginia's Freedom-Of-Information-Act is Not Unconstitutional by by John E. Dannenberg The U.S. District Court (W.D. Va.) held that the statutory exclusion of prisoners from utilizing the Virginia Freedom of Information Act (VFOIA) (Va. Code Ann. 2.2-3703(C)) was neither unconstitutional on its face nor as applied to the …
Article • December 15, 2007
Texas: Late Affidavit of Indigence Satisfies Fee Payment Requirement; Case Dismissed on Remand by On May 26, 2006 the Supreme Court of Texas held that a state court of appeals erred when it dismissed a prisoner's appeal after he filed an affidavit of indigence in response to the court's instructing …
Months of Cold-Wet Conditions States Inadequate Shelter Claim by The Sixth Circuit Court of Appeals has held that a Michigan prisoner offered sufficient evidence to support his Eighth Amendment inadequate shelter claim. The Court's decision came in the appeal of William Spencer, who brought claims relating to his pre-trial detention …
Article • December 15, 2007
Alabama Prisoners Must Be Afforded Access To The Courts by The Alabama Court of Civil Appeals ruled a lower court abused its discretion when it dismissed a prisoner's civil action for failure to prosecute, despite pending motions moving for three alternatives for the prisoner to access the court. Alabama state …
Article • December 15, 2007
New York Prisoner Awarded $2,600 For Fractured Fibula, Improper Treatment by On March 28, 2001, a court of claims in Albany, New York, awarded $2,600 to a state prisoner who claimed he suffered a fractured fibula when he fell in a puddle of water leaked from a washing machine and …
Article • December 15, 2007
Outside Spiritual Leaders Must be Allowed Access to Prisoners by In 2004, prisoners at the Indiana State Penitentiary were denied Moorish Science services because spiritual leaders were suspended from entering the prison. The warden said the suspension was only temporary, but wasn?t clear about what had to be done to …
Article • December 15, 2007
All Claims Must Be Exhausted Before Suit is Filed by Four plaintiffs filed prematurely before their grievances were decided. Some claims were exhausted by the time the district court dismissed for nonexhaustion, some were still in process. At 885: When multiple prison condition claims have been joined, as in this …
Juvenile Adjudication May Not Preclude Force Claim in Police Shooting by The plaintiff was convicted of reckless endangerment for an incident in which he was accused of driving a vehicle at a police officer, who shot him. He conceded that that determination would ordinarily preclude a finding of excessive force …
Article • December 15, 2007
Filed under: Police Misconduct, Media
California Statute Banning Police Defamation Unconstitutional by California has a statute establishing that most publications and broadcasts arising out of official government duties and proceedings are privileged, and therefore cannot be the subject of a defamation action--except that there is an exception permitting suits based on citizens' complaints about police …
Article • December 15, 2007
ADA Doesn’t Apply to Police Shooting Mentally Ill by ADA Doesn't Apply to Police Shooting Mentally Ill Claims of excessive force and of assault and battery by the police were precluded by the plaintiff's conviction for assault with a deadly weapon arising from the same events. A police shooting and …
Article • December 15, 2007
Trial Required Over Firing of Juvenile Prison Warden for Whistleblowing by The director of a juvenile institution was fired after forwarding to the State Commission of Correction a report by one of his subordinates that stated certain agency policies were a cause of turmoil at the facility. There were triable …
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