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Nominal Damages Merit Attorney Fee Award; Erroneous Jury Instruction Standard Discussed by Nominal Damages Merit Attorney Fee Award; Erroneous Jury Instruction Standard Discussed The Eighth Circuit Court of Appeals held an Iowa District Court did not abuse its discretion when it awarded attorney fees after a jury awarded only nominal …
United States Supreme Court Rules That Federal Prisoners May Seek Damages Under the Federal Tort Claims Act for Personal Injuries by United States Supreme Court Rules That Federal Prisoners May Seek Damages Under the Federal Tort Claims Act for Personal Injuries In two separate cases, federal prisoners filed claims for …
Article • May 15, 2007
Standard for Injunctive Relief Defined by The United States Supreme Court held that to have standing for injunctive relief a party must satisfy the threshold requirement imposed by Article III of the Federal Constitution by alleging an actual case or controversy." A plaintiff must show that he has sustained or …
Article • May 15, 2007
Religious Belief Allows NY Jewish Prisoner to Grow Beard by The United States Court of Appeals for the Second Circuit held that an Orthodox Jewish prisoner has a protected right under the First Amendment to grow a beard, and that a Department Directive cannot prevent the prisoner from growing a …
Article • May 15, 2007
FTCA Claim Barred by Statute of Limitations by The U.S. Court of Appeals for the Eighth Circuit held that the continuing treatment doctrine did not toll the statute of limitations period for filing a medical negligence claim. While in federal custody in January 1997, Steven McCoy had his left leg …
Article • May 15, 2007
Los Angeles County Prisoner Hit With Clothes Settles For $50,000 by On January 2, 2002, Robert K. Moore, a former prisoner in a Los Angeles County (California) jail, settled his claim against the county for $50,000. Moore had alleged he suffered a scrotal hernia when a deputy sheriff hit him …
California Appellate Court Reinstates Murder Conviction For Dog Mauling Death by California Appellate Court Reinstates Murder Conviction For Dog Mauling Death In an unprecedented ruling, a divided California Court of Appeal (First Appellate District) reinstated the second degree murder conviction of Marjorie Knoller for the killing of a neighbor by …
Article • May 15, 2007
No Liberty Interest in the Expectation of Parole by The United States Supreme Court ruled that a "liberty interest" does not attach to an expectation to be released on parole and a prisoner is not entitled to due process when anticipated parole is rescinded. George Van Curen, an Ohio Department …
Article • May 15, 2007
No Per Se Application of Fugitive From Justice Rule by The U.S. Court of Appeals for the Eighth Circuit held that the "fugitive from justice rule" should not be applied in a per se manner in civil cases. James Perko, a Missouri state prisoner, brought a § 1983 action against …
No SJ for Police Who Injured State Prisoner by The U.S. Court of Appeals for the First Circuit held that summary judgment in favor of police officers who were being sued by a state prisoner was precluded by issues of fact. Local and state police responded to a call for …
Article • May 15, 2007
No SJ in § 1983 Claim Over GA Prisoner's Death by No SJ in § 1983 Claim Over GA Prisoner's Death The Court of Appeals of Georgia held that genuine issues of material fact precluded summary judgment in a civil rights action brought by a deceased prisoner's daughter and administrator …
No State-Paid Attorneys for Post-conviction Relief in Capital Cases by The U.S. Supreme Court held that indigent death row prisoners had no constitutional right to state-paid counsel in order to pursue post- conviction relief. Prisoners on Virginia's death row brought a § 1983 action against state officials alleging they had …
First Circuit: Win on Plaintiff's Core Claims Merits Attorney Fees by On December 19, 2003 the U.S.. First Circuit Court of Appeals held that a plaintiff who prevailed on his core claims against a Massachusetts police officer was entitled to attorney fees. Plaintiff Phaly Poy, 24, claimed that while at …
Article • May 15, 2007
Florida Felon Disenfranchisement Found Constitutional by The United States District Court for the Southern District of Florida has ruled that a 135-year old state law that bans ex-felons from voting is not unconstitutional. Thomas Johnson, a former prisoner from New York now residing in Florida, filed a class action lawsuit …
Norris-LaGuardia Act Trumps State Common Law by The United States Supreme Court held that only when the level of proof in §6 of the Norris-LaGuardia Act is reached can damages for interference be awarded. Paul Gibs filed a federal action against a labor union, The United Mine Workers of America …
Article • May 15, 2007
NY DOC Beard Ban Upheld by The U.S. Court of Appeals for the Second Circuit upheld a New York Department of Corrections (DOC) rule banning beards longer than one inch. Yevgen Fromer, an Orthodox Jewish prisoner, brought a civil rights action alleging that the DOC's policy prohibiting beards in excess …
Article • May 15, 2007
Filed under: Visiting
Ohio State Prisoner Denied Visit with Ex-Guard by The Supreme Court of Ohio held that denial of unfettered visitation between a prisoner and a former prison guard was not unconstitutional, since visitation is not constitutionally guaranteed. Based on the former employee's training in security procedures, knowledge of facility operations and …
Article • May 15, 2007
Prison's Restrictive Policies Violate Rights of Prisoners in Protective Custody by Prison's Restrictive Policies Violate Rights of Prisoners in Protective Custody The U.S. Court of Appeals for the Seventh Circuit held that prison officials had violated various constitutional rights of prisoners in protective custody. Illinois prisoners in protective custody brought …
Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity by Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity The U.S. Northern District Court of Texas determined that a private operator of a state prison was not entitled to 11th Amendment and sovereign immunity. Cynthia Proctor, …
Public Employee Granted Access to Information in Personnel File by In a §1983 action, an Oregon DOC guard brought suit alleging racial discrimination. A federal district court in Oregon held that a guard is entitled to information contained in his personnel file to pursue a discrimination suit against his employer. …
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