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Article • May 15, 2007
Attorney Fees as Catalyst for Change Certified to California Supreme Court by Attorney Fees as Catalyst for Change Certified to California Supreme Court. The Ninth Circuit Court of Appeals has certified to the California Supreme Court two questions: 1) Under California law, may attorney fees be awarded where the plaintiff …
Article • May 15, 2007
Attorney Fees Awarded in Partial Victory Gained By Order Setting Forth Settlement by The Third Circuit Court of Appeals has reversed a Pennsylvania District Court's order denying the award of attorney fees to the plaintiff in an action settled prior to a hearing for a preliminary injunction. This 42 U.S.C. …
Article • May 15, 2007
Attorney Fees Not Reducible for Failure to Win on All Issues by The court of appeals for the Eighth Circuit held that an attorney fee award for the plaintiff as a prevailing party should not be reduced because relief was not granted on every issue alleged or raised in the …
Attorney Sanctioned For Unreasonably, Vexatiously Prolonging Litigation by The U.S. District Court for the District of New Mexico held that an attorney representing a prisoner in a civil rights action against prison officials had acted "unreasonably and vexatiously" pursuant to 28 U.S.C. § 1927, and ordered him to pay defendants' …
Beating by Guards, Destroyed Eyeglasses May Toll AEDPA Time Limit by The U.S. Ninth Circuit Court of Appeals reversed and remanded a California federal district court's denial of a habeas corpus petition, holding that, if proven true, the prisoner's claim that prison officials failed to replace his broken eyeglasses for …
Article • May 15, 2007
BOP Application for Kosher Diet Constitutional. by The Ninth Circuit Court of Appeals held the requirement that a prisoner at the United States Penitentiary at Lompoc, California fill out an application to receive a religious kosher diet was constitutional. The prisoner, an Orthodox Jew, filed this Bivens action alleging the …
Article • May 15, 2007
California Criminal Defendant Must Make Preliminary Showing of Exculpatory Evidence in Police File by The Ninth Circuit Court of Appeals held a criminal defendant must make a preliminary showing that a police personnel file contains evidence material to his defense to be provided the file in discovery. This case was …
$25,000 Settlement For Juvenile Attacked After Court Segregation Order Ignored by $25,000 Settlement For Juvenile Attacked After Court Segregation Order Ignored On July 9, 2004, the Los Angeles County Claims Board settled a civil rights complaint brought by a juvenile whose court order to house him singly in protective custody …
Washington Prisoners Challenge Confinement Beyond EERD; Class Action Certification Granted; Defendants Get Qualified Immunityndants Get Qualified Immunity by Washington Prisoners Challenge Confinement Beyond EERD; Class Action Certification Granted; Defendants Get Qualified Immunity On December 22, 2004, four former prisoners of the Washington Department Of Corrections (WDOC) brought suit in federal …
Article • May 15, 2007
Eighth Circuit: No Constitutionally Protected Interest in Iowa Prison Wages by The U.S. Eighth Circuit Court of Appeals held that deductions made from an Iowa prisoner's wages to pay court costs were constitutional. Iowa prisoner John Hrbek was convicted of murder in a state court. As part of his sentence, …
Eleventh Circuit: Documents Requested From DOJ Exempt Under FOIA by The U.S. Court of Appeals for the Eleventh Circuit held that certain documents requested from the Department of Justice (DOJ) concerning disciplinary proceedings against the Assistant United States Attorney (AUSA) were exempt under the Freedom of Information Act (FOIA). The …
Article • May 15, 2007
Eleventh Circuit: Florida Jail Officials Immune in Juvenile's Suicide by In this case involving the suicide of a juvenile in the Okaloosa County (Florida) jail, the U.S. Eleventh Circuit Court of Appeals held that the sheriff and a jailer were entitled to qualified immunity. Dustin Molbert, a juvenile who was …
Article • May 15, 2007
Filed under: Organizing, Voting
Equal Protection Clause Not Violated By Disenfranchisement of Ex-Felons by The U.S. Supreme Court ruled that the disenfranchisement of ex- felons did not violate the Equal Protection Clause of the U.S. Constitution. Three ex-prisoners, who had completed their sentences and were off parole, brought a class action suit on behalf …
Estate of Epileptic New Mexico Prisoner Settles for $1,250,000 by During the week of May 22, 2000, the estate of a deceased epileptic prisoner who was denied medical attention and then allegedly tortured and beaten by a jailer in the Taos County, New Mexico, jail settled prior to trial for …
Evidentiary Hearing Required to Determine Compliance with Wolff by The Eighth Circuit Court of Appeals held a prisoner was entitled to an evidentiary hearing where a disciplinary board failed to furnish a written statement of reasons for its decision. The North Dakota State Penitentiary prisoner was charged by prison officials …
Exhaustion of Administrative Remedies is Precondition to Prisoner Suit in Federal Court Before Release by Exhaustion of Administrative Remedies is Precondition to Prisoner Suit in Federal Court Before Release The Seventh Circuit Court of Appeals held a Wisconsin ex-prisoner, who filed his suit while incarcerated, must exhaust all administrative remedies …
Expert Testimony Fails to Prove Subjective Mental Intent of Psychiatrist by The Eleventh Circuit Court of Appeals held that expert testimony does not establish a psychiatrist's subjective mental intent in a prisoner's 42 U.S.C. § 1983 action alleging an Eighth Amendment claim for deliberate indifference to serious medical needs. This …
Article • May 15, 2007
Factual Issues as to Legitimacy of Prisoner Regulation Precludes Dismissal by The U.S. Court of Appeals for the Seventh Circuit reversed and remanded a district court's dismissal of a Wisconsin state prisoner's claim challenging prison dietary policy. Plaintiff prisoner, a Muslim, brought a §1983 action challenging the prison's policy of …
Article • May 15, 2007
Failure to Ascertain Arrestee's Identity Creates Liability for False Imprisonment by Failure to Ascertain Arrestee's Identity Creates Liability for False Imprisonment The Eleventh Circuit Court of Appeals held that a Macon County, Alabama Sheriff's deputy who failed to make an attempt to obtain information from an arrestee for purposes of …
Article • May 15, 2007
Filed under: Medical, Skin, Veterans
Failure to Treat Florida Prisoner's Agent Orange Disease Unconstitutional by The Eleventh Circuit Court of Appeals held that prison officials' failure to provide prescribed treatment to a prisoner suffering from effects of Agent Orange violated his Eight Amendment rights. The Florida prisoner was a Vietnam Veteran who was exposed to …
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