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New York City Pays $9.9 Million to Settle Wrongful Conviction Suit by The City of New York will pay $9.9 million to a man who was wrongfully accused, arrested, convicted and imprisoned as the result of actions by disgraced former New York City police detective Louis J. Eppolito, who is …
California Wrongful Conviction Lawsuit Settled for $7.95 Million by A long-running lawsuit against the City of Long Beach, California for Thomas Goldstein’s wrongful murder conviction was settled in June 2010 for $7.95 million. After serving 24 years in prison following his 1980 conviction, Goldstein was finally released based on new …
Article • February 15, 2011 • from PLN February, 2011
Fifth Circuit Holds Texas Parole Revocation Witness Denial Violated Due Process by The Fifth Circuit court of appeals held that the Texas Board of Pardons and Paroles (BPP) failed to comport with the due process requirements of Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), …
Seventh Circuit Holds That A Prisoner’s Verbal Complaints About Racist Guards May Be Protected Speech by Retaliation for verbally complaining about a prison guard who hung a noose where prisoners could see it, the Seventh Circuit has held, may constitute an infringement of a prisoner’s First Amendment free speech rights. …
Article • February 15, 2011 • from PLN February, 2011
Denial of Qualified Immunity Reversed in Michigan Prison Wage Suit by The U.S. Court of Appeals for the Sixth Circuit reversed a district court’s denial of qualified immunity for Michigan prison officials accused of violating a prisoner’s due process rights. In April of 2001, David Pickelhaupt was given a physical …
Brief • January 20, 2011
California v. North Side Oakland, CA, Appellants Opening Brief, gang affiliation proof, 2011 JULIA SHERWIN (State Bar No. 189268) MICHAEL J. HADDAD (State Bar No. 189114) GINA ALTOMARE (State Bar No. 273099) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Fax: (510) 452-5510 Attorneys for Defendant-Appellant …
Article • December 15, 2010 • from PLN December, 2010
Florida Disciplinary Record Must Prove Constructive Possession of Contraband by Florida’s First District Court of Appeal granted a writ of certiorari to a prisoner who challenged a circuit court’s denial of his mandamus petition that sought to reverse a prison disciplinary conviction. The First District held there was insufficient proof …
Article • December 15, 2010 • from PLN December, 2010
Oregon Jail Beating Nets $500 Jury Award Plus $27,500 in Attorney Fees by Mark Wilson In December 2009, a federal jury in Portland, Oregon awarded a hearing-impaired jail prisoner $500 for a beating inflicted by guards during the booking process. The defendants also paid attorney’s fees of $27,500. On September …
Child Porn Investigations May Snare the Innocent by Michael Rigby by Mike Rigby A new threat looms in the Internet age – the threat of improper prosecutions and wrongful convictions for the unwitting receipt, possession or attempted possession of child pornography. Everyone is at risk, as these offenses can be …
Crime Labs in Crisis: Shoddy Forensics Used to Secure Convictions by Matthew Clarke To millions of people whose knowledge of crime labs comes from television shows such as CSI, Bones, Crossing Jordan and the venerable Quincy M.E., the forensic experts who work at such labs seem to be infallible scientists …
Article • October 15, 2010 • from PLN October, 2010
Washington Prisoners Need Not Show Prima Facie Case Upon Challenging Prison Discipline by David Reutter by David M. Reutter On February 4, 2010, the Washington State Supreme Court held that prisoners challenging prison disciplinary decisions do not have to make a prima facie case of prejudice to obtain review in …
Article • October 15, 2010 • from PLN October, 2010
Successful Appellate Ruling Invalidating Statute Creates Prevailing Party for Attorney Fee Award by David Reutter by David M. Reutter The Washington State Supreme Court has held that a litigant who successfully gets an appellate court to vacate a prison disciplinary infraction and declare a statute unconstitutional is a prevailing party …
$10 Million Settlement for Former Colorado Prisoner Cleared by DNA by David Reutter by David M. Reutter On February 16, 2010, Colorado’s Larimer County Commission approved a $4.1 million settlement with a former prisoner who served 10 years of a life sentence for a murder he didn’t commit. The settlement …
Failed Extortion Scheme Led to Washington Prisoner’s Suicide Attempt, Lawsuit Says by David Reutter by David M. Reutter According to a suit filed on behalf of a Washington state prisoner who attempted to commit suicide, a guard at the McNeil Island Corrections Center retaliated against prisoners who failed to pay …
Texas Youth Commission Pays $625,000 to Settle Abuse Suit by Gary Hunter To settle a federal lawsuit, the Texas Youth Commission (TYC) agreed to pay $625,000 in damages to four youths who were grossly abused by the states’ corrupt juvenile justice system. The largest payout of $345,000 went to plaintiff …
$3.5 Million Settlement to Former New York Prisoner Convicted Due to Perjured Testimony by The City of New York has paid $3.5 million to settle a lawsuit brought by an innocent man who spent 12 years in prison after being wrongfully convicted of attempted murder. The conviction was obtained by …
New York City Jail Settles Excessive Force Suit for $62,001 by On August 11, 2009, the City of New York agreed to settle a 42 U.S.C. § 1983 suit brought by a former prisoner who alleged that he was beaten without provocation by guards at the George Motchan Detention Center. …
Brief • August 13, 2010
Filed under: Evidence, Discovery
Connick v. Thompson, US, Writ of certiorari, Amicus Brief, Brady violations discovery procedures evidence, 2010 NO. 09-571 In the Supreme Court of the United States ________________ HARRY F. CONNICK, in his official capacity as District Attorney, ET AL., Petitioners, v. JOHN THOMPSON, Respondent. ________________ On Writ of Certiorari to the …
Brief • August 11, 2010
Cameron v. City of New York, NY, Motion for Specific Jury Instructions, 2010 Case 1:06-cv-07798-PAC Document 67 Filed 08/11/10 Page 1 of 22 PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR SPECIFIC JURY INSTRUCTIONS, TO PRECLUDE THE INTRODUCTION OF EVIDENCE AT TRIAL, OPPOSING THE BIFURCATION OF THE ISSUE …
Eighth Circuit Upholds $2,501 Retaliation Judgment Against Arkansas Prison Guard by The U.S. Court of Appeals for the Eighth Circuit has affirmed a $2,501 award to an Arkansas state prisoner who was subjected to retaliation by an Arkansas Department of Correction (ADC) guard. On June 23, 2007, ADC prisoner Walter …
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