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Article • May 15, 2007
Costs of Deposition Copy Not Waivable by A New York federal district court has held that an indigent plaintiff can not be allowed to take a deposition of witnesses without pre-paying the costs thereof, and that the defendants can not be compelled to advance the costs of the deposition. To …
Denial of PI Affirmed, But Claim Has "Colorable Merit" by Denial of PI Affirmed, But Claim Has "Colorable Merit" The U.S. Second Circuit Court of Appeals held that a federal district court did not err in denying a prisoner a preliminary injunction. Francis Conti, a New York State prisoner, sued …
Article • May 15, 2007
US Supreme Court Defines Standard For Consent Decree Modification by The US Supreme Court held that the Swift "grievous wrong" standard does not apply to requests to modify consent decrees that come from institutional reform litigation. The flexible standard adopted by the Supreme Court in this case states that a …
Article • May 15, 2007
Waiver Issue Requires Determination by District Court by The Third Circuit Court of Appeals has remanded to a Pennsylvania District Court to determine if a prisoner waived a future injury claim on summary judgment. The Third Circuit had previously affirmed the district court's grant of summary judgment for defendants premised …
Supreme Court Orders Dismissal of Some Defendants in Pugh by The U. S. Supreme Court ordered the State of Alabama and Alabama Board of Corrections dismissed from the Pugh v. Alabama class-action prison conditions suit on the basis of Eleventh Amendment immunity The Supreme Court ruled that because neither entity …
WA Prisoner Gets Major Infractions Expunged And Good Time Restored After Filing PRP by The Washington State Court of Appeals, Division 3., dismissed the Personal Restraint Petition (PRP), of Waldo E. Waldron-Ramsey, after the Washington Department of Corrections (WDOC), expunged the infraction's he had been found guilty of, and restored …
Denial of Handicapped Shower Implicates ADA/RA & §1983 by A federal court in Oregon held that the state can be sued under Title II of the Americans with Disabilities Act (ADA) and under the Rehabilitation Act of 1973 (RA). The court also held that prison officials could be sued in …
Article • May 15, 2007
U.S. Supreme Court Defines Retroactivity by The United States Supreme Court held that a new statute must state its provisions apply retroactively when it would impair rights a party possessed when they acted, increases their liability for past conduct or imposes new duties with respect to transactions already completed. This …
Civilly Committed Sexually Violent Predator Not Entitled to Anders Appellate Counsel Rights by Civilly Committed Sexually Violent Predator Not Entitled to Anders Appellate Counsel Rights The California Court of Appeal held that a sexually violent predator (SVP) who appealed his biennial civil recommitment to Atascadero State Hospital (ASH) was not …
D.C. Circuit Reverses U.S. Gulf War POWs' $959 Million+ Prisoner Abuse Award by On June 4, 2004, the Court of Appeals for the D.C. Circuit reversed a federal court's award of more than $959 million in a case filed by U.S. Gulf War POWs who were allegedly abused while held …
Indigents Cannot be Denied Post-Conviction Transcripts or Appeals by The United States Supreme Court held that a state may not deny post-conviction appellate review to a prisoner, who could not afford the to acquire a transcript of the proceedings. Oddly, this case stems from the 1945 Indiana enactment of the …
Article • May 15, 2007
Remitted Damages Award Upheld in Excessive Force Claim by The U.S. Second Circuit Court of Appeals upheld damages awarded to a prisoner in a 42 U.S.C. §1983 claim against jail guards for using excessive force. The case was previously reported by PLN (September 1999, page 10). Facts of the case …
The Eleventh Circuit Court of Appeals Upholds Judgment and $25,000 Award Against Prison Guard For Injuries Prisoner Received When Stabbed by The Eleventh Circuit Court of Appeals Upholds Judgment and $25,000 Award Against Prison Guard For Injuries Prisoner Received When Stabbed Alabama state prisoner Willie Glover filed a §1983 suit …
Article • May 15, 2007
WA Civil Servant Cannot Sue Under Contract Law Relevant to Employment by A Washington State Court of Appeals held a civil servant may not use contract law against the state when the suit arises from his employment, nor may contract law circumvent the doctrine of equitable estoppels. Gary S. Weber, …
Article • May 15, 2007
Administrative Exhaustion Not Required Under 42 U.S.C. § 1983 by The United States Supreme Court held that it was not necessary for a prisoner to resort to state administrative remedies before seeking relief, under 42 U.S.C. § 1983, for the violation of his constitutional rights. In this case, Pennsylvania state …
Anonymous Jury, Failure to Disclose, Approved in Latin Kings' Trial by The U.S. Second Circuit Court of Appeals approved the use of an anonymous jury by the U.S. District Court for the Southern District of New York and held that the Government's failure to disclose to the defense a witness' …
Attorney Fee Awards Determined on Case Facts by The United States Supreme Court held that the amount of an attorney award, under 42 U.S.C. § 1988, must be determined on the facts specific for the case, that success on the various issues is a crucial factor, and that such awards …
CA Supervisors Liable for Indemnifying Deputies from Punitive Damages by A California federal district court held county supervisors are not entitled to legislative immunity from suit for past voting decisions to indemnify sheriff deputies from punitive damage awards, as such decision were ad hoc, non legislative and individually targeted decisions …
Article • May 15, 2007
Mailbox Rule Applies to Florida Grievance Procedure by Florida's Fourth District Court of Appeal held that the "mailbox rule" applies to the Florida Department of Corrections' Inmate Grievance Procedure. The mailbox rule holds that an appeal or document to be filed with the courts is deemed filed "at the moment …
Article • May 15, 2007
No Subpoenas for Indigent Litigants by The court of appeals for the Ninth circuit affirmed the dismissal of an Oregon prisoner's 42 U.S.C. Section 1983 action alleging claims against a prison guard, who did not honor a subpoena, and an assistant attorney general, who advised the guard the subpoena did …
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