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Article • May 15, 2007
GA Prisoners Seeking to Appeal the Denial of a Motion to Intervene Must Apply for Interlocutory Review by GA Prisoners Seeking to Appeal the Denial of a Motion to Intervene Must Apply for Interlocutory Review Prison Health Services, Inc. (PHS) was awarded a contract to provide health care to prisoners …
Article • May 15, 2007
Tape Recorded Depositions' Intent: Cost Efficiency by A federal district court in Illinois has held that the intent of Fed.R.Civ.P. 30(b)(4) is to make a significant contribution to the efficient and economic administration of justice. The Court outlined several principles for promulgating guidelines to safeguard the non-stenographic record. First, allocation …
Article • May 15, 2007
Tape Recorded Depositions Useful to Prisoners by A federal district court in Washington has held that in addition to making the required two recordings of a witness's deposition, the requestor may make an additional unofficial recording for use as a work product. This procedure may be useful to pro se …
Article • May 15, 2007
Telephonic Depositions Useful to Prisoners by A federal district court in North Carolina has held that Fed.R.Civ.P. 30 (b)(7) should be liberally construed to allow a telephonic deposition of a witness. The plaintiff sought such a deposition because she was unable to afford the cost to do a face-to-face deposition …
Writ Deemed Filed When Handed to Prison Officials by The Florida First District Court of Appeal has quashed a trial court's order dismissing as untimely a prisoner's petition for mandamus challenging a disciplinary hearing conviction. The prisoner's grievance denial was rendered on April 11, 1997, and the mandamus petition bore …
Injunction and Contempt Sanction Issued Against Disciplinary Proceedings Due Process Violations by Injunction and Contempt Sanction Issued Against Disciplinary Proceedings Due Process Violations In the review of a district court's enforcement of an injunction governing disciplinary proceedings at New York's Bedford Hills Correctional Facility (BHCF) for women, the Second Circuit …
Article • May 15, 2007
Pre-Trial Detainees Must Pay Cost of Expert Testimony by The Third Circuit Court of Appeals held, in a medical neglect claim, an expert's medical testimony fees, except in criminal cases, will be paid by the pre-trial detainee. A pre-trial detainee at Pennsylvania Allegheny County Jail (County) suffering from ulna nerve …
TX Private Prison Guard Can't Sue Under § 1983 For Bogus Employment Termination by TX Private Prison Guard Can't Sue Under § 1983 For Bogus Employment Termination Harold Cornish was employed as a guard at a Texas private prison owned and operated by Correctional Services Corp. (CSC). He blew the …
BOP Must Disclose Part of Investigation Manual by The federal prison at Forrest City, Arkansas (prison) suspended for one day an employee represented by the American Federation of Government Employees (AFGE). The AFGE requested that the prison produce a copy of its Special Investigative Supervisor Manual (manual), which the prison …
Article • May 15, 2007
Prison Assault Conviction Reversed Due to Faulty Jury Instruction by Florida's Second District Court of Appeals has reversed a prisoner's conviction for battery by a person detained in a prison or jail facility. After his conviction from events that occurred at the Charlotte Correctional Institution, prisoner Jeffrey Humbert appealed. At …
Title VII Suit Dismissed for Lack of Exhaustion by The plaintiff's Title VII hostile work environment claim is dismissed for nonexhaustion because he didn't include it in his EEOC charge and it is not "reasonably related" to the claims he did assert. At 1100: "Pro se plaintiffs must strictly comply …
Job Discrimination Due to Disability from Hepatitis-C Treatment Violates California Worker's Rights by Job Discrimination Due to Disability from Hepatitis-C Treatment Violates California Worker's Rights by John E. Dannenberg A California Department of Corrections and Rehabilitation (CDCR) stationary (plant maintenance) engineer who suffered from Hepatitis-C (HCV) sued for disability discrimination …
Article • May 15, 2007
Summary Judgment For Free Exercise Of Religion Upheld: Untimely Appeal Dismissed by Summary Judgment For Free Exercise Of Religion Upheld: Untimely Appeal Dismissed Kansas state prisoner Jimmy Searles filed a Federal civil rights complaint against State Department of Corrections (DOC) personnel for allegedly violating his First Amendment right to freedom …
Article • May 15, 2007
Filed under: Complaints, Sentencing, Parole
Criminal History Trumps Reporter Liability For Denial Of Parole by Kansas state prisoner Thomas Lamb filed a State Court complaint against Tony Rizzo, a newspaper reporter, alleging libel for published articles containing alleged "lies and false information" which caused Lamb to be denied parole. Rizzo removed the case to the …
Tenth Circuit Reverses Disciplinary Convictions For Pursuing Post-conviction Relief by Tenth Circuit Reverses Disciplinary Convictions For Pursuing Post-conviction Relief The U.S. Court of Appeals for the Tenth Circuit reversed two Oklahoma State prisoners disciplinary convictions for violating a state statute. The prisoners were wrongly convicted and punished for a misinterpretation …
Article • May 15, 2007
Oklahoma Prisoner's Federal Civil Rights Complaint For Alleged Rapes Denied by Oklahoma state prisoner Pamela Smith filed a Federal civil rights complaint against former Oklahoma Department of Public Safety ("ODPS") employee Don Cochran, claiming violations of her Fourth, Fifth, Eighth, and Fourteenth Amendment rights for repeatedly being raped by Cochran …
Article • May 15, 2007
Supreme Court Holds Damage Awards to be Reviewed De Novo by Review of a trial court's determination of the constitutionality of punitive damages should be de novo. At 1684: Despite the broad discretion that States possess with respect to the imposition of criminal penalties and punitive damages, the Due Process …
Court Denies Defendant Attorney Fees in Prisoner Death Case by The decedent died of pneumonia in prison and the defendants moved for attorneys' fees after the court granted them summary judgment. The court denies the motion, since the plaintiffs' allegations were not frivolous. The defendants argued that plaintiffs sued defendants …
Article • May 15, 2007
NY Jail Must Release Suicide Reports by The New York Supreme Court ordered the director of the Suffolk Count Jail to release reports concerning a prisoner suicide to the New York State Commission of Correction, (Commission). On November 7, 2003, a prisoner at the Suffolk County Jail was found hanging …
Oregon Prisoners Confined For Mental Illness Causing Sexual Deviancy Entitled to Adequate Treatment by Oregon Prisoners Confined For Mental Illness Causing Sexual Deviancy Entitled to Adequate Treatment In 1978, Merlin Ohlinger and another man identified only as Haddon (plaintiffs) were Oregon state prisoners. Both had indeterminate life sentences under OKS …
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