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Article • May 15, 2007
No Writ Of Mandamus When Other Remedies Exist by The U.S. Supreme Court held that parties seeking issuance of writ of mandamus must show that there is no other way to gain the desired relief. California prisoners filed a class action suit alleging constitutional violations in the way sentence lengths …
Absent Conflict, Magistrate May Determine Prisoner Placement During Litigation by Absent Conflict, Magistrate May Determine Prisoner Placement During Litigation The U.S. Court of Appeals for the Seventh Circuit ruled that a federal prisoner could be held in a particular prison upon order of a U.S. magistrate. Prisoners involved in actions …
Article • May 15, 2007
Attorney Fees Allowed on Contingency and Under Section 1988 by The U.S. Supreme Court held that an attorney for a prevailing party in a civil rights action could recover contingent fees in excess of attorney fees awarded by the court under § 1988. The plaintiff and his attorney in a …
Colorado DOC Contractor Communications Privileged by The Colorado Supreme Court has ruled that communications between the Department of Corrections (CDOC) attorney and an independent contractor are protected by attorney-client privilege. The CDOC sought relief under C.A.R. Rule 21 (original jurisdiction writ) from a district court order to disclose documents and …
Class Certified in New York Jail Post Riot Retaliation Suit by A New York federal district court held that class certification is proper when common issues of fact and law predominate; a federal forum is proper when federal constitutional and statutory violations are alleged; and the prisoners in this action …
Article • May 15, 2007
Retroactive Application of Florida Sentencing Guidelines Violates Ex Post Facto Clause by Retroactive Application of Florida Sentencing Guidelines Violates Ex Post Facto Clause The United States Supreme Court held that the use of Florida's revised sentencing guidelines retroactively when those guidelines change the legal consequences of acts committed before their …
Article • May 15, 2007
Consent to Named Magistrate Does Not Apply to All Magistrates by The court of appeals for the Seventh circuit held that a party consenting to proceedings before a specific, named magistrate did not constitute consent to later proceedings before a different magistrate under 28 U.S.C. § 636(c). As a result, …
Article • May 15, 2007
Wrong Zip Code Tolls Filing of Appeal by The court of appeals for the Federal circuit held, in this non-prison case, that a veteran mailing a notice of appeal that had the wrong zip code, but was otherwise properly addressed, to the Board of Veterans' Appeals, was improperly dismissed as …
Supreme Court Holds Guard Liable For Punitive Damages In § 1983 Suit by Supreme Court Holds Guard Liable For Punitive Damages In § 1983 Suit The U.S. Supreme Court held that punitive damages are available in § 1983 actions. A prisoner in a Missouri juvenile prison filed a 42 U.S.C. …
Article • May 15, 2007
Filed under: Civil Procedure, Complaints
US Supreme Court Held Plaintiffs Have A Right To Amend Complaints by The US Supreme Court held that it is entirely contrary to the spirit of the Federal Rules of Civil Procedure (FRCP) for decisions on the merits of a case to be avoided on the basis of technicalities. The …
Eighth Amendment Action States Claim, Warden's Qualified Immunity Defense Barred by Eighth Amendment Action States Claim, Warden's Qualified Immunity Defense Barred The U.S. District Court, C.D. California, held that a prisoner's Eighth Amendment action under §1983 stated a claim and that the warden was not entitled to qualified immunity; however, …
Article • May 15, 2007
Filed under: Civil Procedure, Witnesses
US Supreme Court Holds That Witness Immunity Applies to All Witnesses. by The US Supreme Court held that all witnesses, governmental or private, that are an integral part of a judicial process in criminal or civil cases, have absolute immunity from subsequent damage liabilities and from suit. The Supreme Court …
Article • May 15, 2007
Disputed Facts Warrant Summary Judgment Reversal in Amputated Finger Case by The U.S. Seventh Circuit Court of Appeals has reversed Wisconsin District Court's grant of summary judgment to a deputy sheriff in a case involving amputation of a prisoner's finger. Robert Sallie, a Wisconsin prisoner, was confined in the Dane …
Eighth Circuit Again Reverses District Court; Remands for Jury Trial by The Eighth Circuit Court of Appeals has, for the second time, reversed the Arkansas Eastern District Court's dismissal of an Arkansas state prisoner's claim that Arkansas Department of Corrections (DOC) guards maliciously and sadistically used excessive force to remove …
Article • May 15, 2007
Jury Instruction And Exclusion Of Jail Standards Upheld In Failure To Protect Suit by Jury Instruction And Exclusion Of Jail Standards Upheld In Failure To Protect Suit The US Court Of Appeals for the Eighth Circuit held that a US District Court did not err in excluding jail standards and …
Article • May 15, 2007
US Supreme Court Held That Exclusion Of Jurors Based On Race Is Unconstitutional in Civil Cases by US Supreme Court Held That Exclusion Of Jurors Based On Race Is Unconstitutional in Civil Cases The US Supreme Court held that exclusion of prospective jurors based on their race violates their equal …
Article • May 15, 2007
Filed under: Standing, Visiting
NJ Court Upholds Ion Scanning of Visitors by The New Jersey court of appeals upheld the use of the Ion Scan drug detection device which is used to search selected prison visitors with no reasonable suspicion they have engaged in any wrongdoing. The ruling is unusual because a pro se …
Article • May 15, 2007
Settlements Are Public Records by The court of appeals for the Seventh circuit held that civil rights settlements are public records and their disclosure to the public is protected by the free speech and free press clauses of the First amendment. The limited exceptions for secrecy in court records are …
$40,000 Paid in Washington Guards' Defamation Suit by Michael and Heidi Malpass, husband and wife, worked at the Washington Corrections Center as guards in 1997. Using hearsay information provided by WCC staff members, Lt. Waller compiled a list of eleven names of persons claimed to be involved in or associated …
$125 Attorney Fees Paid to Washington Prisoner in Personal Restraint Action by Lonnie L. Burton was a prisoner at Washington's Stafford Creek Corrections Center in April 2001 when he received a disciplinary infraction. He did not attend the hearing, which resulted in errors occurring. After the Attorney General's office requested …
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