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Article • May 15, 2007
Filed under: Civil Procedure, Mandamus
FL Prisoner's Review of Mandamus Denial Requires Writ of Certiorari by The Florida supreme court affirmed the First District Court of Appeals order that held review of a denial of a writ of mandamus comes under a petition for writ of certiorari rather than a direct appeal, which was the …
Article • May 15, 2007
Parole Claim Moot after Release from Supervision by The United States Supreme Court held that a prisoner's full release from parole supervision rendered his procedural due process claims moot. In this decision, the Court describe the elements of the "capable of repetition, yet evading review" exception to the doctrine of …
Florida Juvenile Detainee Awarded $100,000 for Failure to Protect by The Florida Fourth District Court of Appeal affirmed a jury's award of damages sustained as a result of a sexual assault upon a juvenile detainee at a Department of Health and Rehabilitation Services (HRS) facility. HRS was found liable for …
Article • May 15, 2007
Evidentiary Hearing Required Prior to Preliminary Injunction by New York state female prisoners at the Bedford Hills Correctional Facility filed a 42 U.S.C. §1983 complaint claiming violations of their right to privacy. At issue was the state's introduction of male guards into the facility, including housing and hospital units where …
Article • May 15, 2007
Eleventh Circuit Overturns Order Prohibiting Access To Hearings, Documents by In this case brought by a newspaper publisher seeking to cover the enforcement of a consent decree concerning overcrowding in Alabama prisons, the U.S. Eleventh Circuit Court of Appeals reversed a district court's order prohibiting public access to court bearings …
Article • May 15, 2007
WA Restitution Statue Amendments Retroactive by The Washington Supreme Court reversed a Superior Court's order that held the 1994 and 1997 amendments to RCW 9.94A.142 violate ex post facto as applied; to defendant convicted of 16 Counts of arson in 1986 Pursuant to the amendments the State moved the Superior …
Article • May 15, 2007
Filed under: Civil Procedure, Damages, Costs
Costs Improperly Denied to Prevailing Prisoner by In an unpublished opinion, the court of appeals for the Sixth circuit held that a district court had improperly denied Costs to a pro se prisoner who won his case, at a jury trial. William Walker, a Michigan state prisoner, filed suit alleging …
Rules Modeled on Ten Commandments Violate Establishment Clause; Sheriff Denied Qualified Immunity by A federal court in Arkansas held that jail rules modeled after the Ten Commandments violates the Establishment Clause of the First Amendment. It also held that jail officials were not entitled to qualified immunity. Andy Lee was …
Article • May 15, 2007
California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity by John E Dannenberg California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity By John E. Dannenberg The Third District California Court of Appeal held that the "mailbox rule" [prisoner legal mail delivered to prison authorities for mailing to …
New Wrongful Death Trial Prompts $600,000 Settlement; Judge Gave Faulty Jury Instructions, Finds Excessive Force by On December 5, 1999, 29-year-old Damon Lowery's life came to a tragic end while in police custody. More than five years later, with a new trial looming, Portland, Oregon officials paid Lowery's estate $600,000 …
Denial of Injunction Against Federal Guard's Sexual Harassment/Retaliation Reversed by Denial of Injunction Against Federal Guard's Sexual Harassment/Retaliation Reversed The Fifth Circuit court of appeals has reversed the denial of a Texas federal prisoner's motion for a temporary restraining order (TRO) seeking relief from sexual harassment and retaliation by a …
$200 Awarded To Prisoner Wrongfully Held On Keeplock Status by Osvaldo Solis, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him on keeplock status. On April 14, 2001, Solis was placed on keeplock confinement for allegedly taking part …
California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns by John E Dannenberg California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns by John E. Dannenberg Sacramento, California attorney Richard Hale Dangler, Jr. was assessed $46,750 by the California Court of Appeal and forced to resign …
Article • May 15, 2007
$180 Award in Prisoner Excessive Keeplock Confinement Suit by Gregory Pratt, a prisoner at the Sing Sing Correctional Facility (SSCF) in New York, filed a pro se law suit against SSCF, for keeping him on keeplock confinement for 18 days without a hearing. On March 11, 2000, Pratt was, issued …
$135 Award in Prisoner Wrongful Confinement Suit by William Mingues (Underwood), a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him in the Special Housing Unit (SHU), for an excessive amount of time. In August of 2000, Mingues, was …
Article • May 15, 2007
Class Action Allowed in County Jail Strip Search Cases by The U.S. Court of Appeals for the First Circuit has approved class certification in two jail strip search cases. The cases were both brought in the U.S. District Court for the District of Maine and challenged the strip search policies …
Article • May 15, 2007
Qualified Immunity May Not Be Pled For the First Time in a Motion For Reconsideration by Mark Farquhar, a California state prisoner, prevailed on summary judgment in a federal district court on a claim that prison medical staff had been deliberately indifferent to his medical needs. Dr. William Cain, a …
Article • May 15, 2007
Certified Court Records Not Hearsay by Brian Benefiel was released from the Washington State prison system after serving a sentence for attempted second degree assault. He didn't report to his supervising community corrections officer, for which he was arrested and charged with escape from community custody. A certified copy of …
Article • May 15, 2007
IL Guard's Challenge to Her Dismissal Held Untimely by Erma Rodriguez, a jail guard, was fired by the Sheriff's Merit Commission of Kane County, Illinois (Commission). A copy of that decision was mailed to her on May 23, 2003. She filed for review by a Kane County trial court on …
Article • May 15, 2007
CA Prisoner Properly Convicted of Conspiracy to Furnish Controlled Substance to a Prisoner by Deandre Lee was convicted of conspiracy to furnish a controlled substance to a prisoner under Cal. Pen. Code 4573.9 after his wife was caught trying to deliver drugs and tobacco to him in a California prison. …
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