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Article • May 15, 2007
Attorney Fees Allowed Under § 1988 in State Court Suits by The U.S. Supreme Court ruled that 42 U.S.C. § 1983 includes violations of federal law as well as constitutional violations, and that attorney fees could be awarded for such § 1983 violations of federal law under the Civil Rights …
Article • May 15, 2007
Attorney Fee Award, 30 Day Punitive Isolation Limit Upheld by The U.S. Supreme Court affirmed a lower court decision wherein plaintiff prisoners' attorney fees were levied against the Arkansas Department of Correction and limits placed on time spent in punitive isolation. After a U.S. district court found conditions in the …
Reimbursement of Prison Guard's Legal Expenses Denied Despite Verdict by The Ohio Court of Claims, in a case of first impression, denied an Ohio prison guard reimbursement of legal expenses he incurred defending himself in a prisoner's civil rights suit, despite the return of a "not guilty" verdict by a …
Attorney Fee Award in New Jersey Jail Case by The U.S. District Court for the District of New Jersey held that Cape May County Jail prisoners, who won a consent decree in a jail conditions case, were the "prevailing parties" for the purpose of an attorney fee award under the …
Attorney Fee Award in Illinois Medical Suit by The U.S. District Court for the Southern District of Illinois awarded $605,243.00 in fees to attorneys for prisoners at the Menard Correctional Center (MCC) in a case involving denial of medical care. MCC prisoners filed suit under 42 U.S.C. § 1983 and …
$279,000 Harassment Award Upheld in Missouri Nurses' Suit by The Eighth Circuit Court of Appeals upheld judgment against Missouri Department of Corrections (MODOC) officials in favor of nurses who sued for retaliation and sexual harassment. The court also upheld attorney fee awards. Rebecca Hunt and Susan Nurnberg were recruited by …
Expert Witness Fees Allowed Under ADA and RA by The court of appeals for the Ninth circuit held that prevailing plaintiffs are entitled to full expert witness fees under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794. The underlying …
Social Security Claimant Entitled to Attorney Fee Award by The United States Supreme Court held a federal court has power under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), to award a Social Security Claimant attorney's fees for representation provided during administrative proceedings held pursuant to a …
Article • May 15, 2007
Prisoners Receive Damages for Beatings by Two prisoners, John Furtado and Gerald Sousa brought a civil rights suit under § 1983 against prison officials, at the Massachusetts Correctional Institution. Both Furtado and Sousa were beaten by guards. Furtado's injuries required hospitalization. Both men sought redress. When prison officials retaliated against …
$21,213.76 in Fees/Costs Awarded for Discovery Sanctions by NY jail Officials by $21,213.76 in Fees/Costs Awarded for Discovery Sanctions by NY jail Officials A federal court in New York awarded $20,950 in fees and $263.76 in costs as a sanction against jail officials related to discovery violations. Gary Smith, a …
Winning Appeal Not Enough to be Prevailing Party for Fees by The U.S. Supreme Court has held that a party who prevails on an appeal and is granted a new trial is not a prevailing party entitled to an award of attorney fees. This civil rights action was filed by …
Article • May 15, 2007
$2,025 Paid in Washington Prisoner's Retaliation Claim by While a prisoner at Washington's Airway Heights Correction Center, Donald W. Miniken received a standard classification hearing on March 1997. At the hearing, Miniken's legal activities were discussed. The hearing resulted in Miniken losing 12 custody points for not programming despite him …
County Liable in Prisoner Death, Individual Defendants Not; $147,000 Jury Verdict Upheld by County Liable in Prisoner Death, Individual Defendants Not; $147,000 Jury Verdict Upheld The U.S. Court of Appeals for the Tenth Circuit held that the level of medical care received by a county jail prisoner was violative of …
$36,150 Award of Attorney Fees in Puerto Rico Prisoner's Death by A Puerto Rico federal District Court awarded $36,150.10 in attorney fees to a law firm that secured a jury award on constitutional violations of $250,000 in compensatory damages, $250,000 in punitive damages and $500,000 on a tort cause of …
Article • May 15, 2007
5th Circuit Remands for Reassessment of Attorney Fees by The U.S. Court of Appeals for the Fifth Circuit held that a prisoner's state assault and battery claim was not merged with his § 1983 claim, the district court erred in limiting attorney fees, and the county was liable for attorney …
Deputy Not Sheriff, Liable for Assault, Attorney Fees by The U.S. District Court for the Northern District of Texas awarded a jail prisoner $500 in compensatory damages, no punitive damages, and $2,500 in attorney fees plus costs in a case involving a deputy sheriff's assault on the prisoner. Donald Williams, …
Article • May 15, 2007
Limited Attorney Fee Award for Partial Victory by The U.S. District Court for the District of Minnesota has held that a plaintiff who successfully challenged a jail strip search policy was the "prevailing party" for purpose of an attorney fee award as outlined in 42 U.S.C.A. §1988. Plaintiff brought a …
Prisoner Prevailing Party, Awarded Attorney Fees by A mental patient imprisoned at a treatment center run by the Massachusetts DOC brought a § 1983 action alleging constitutional violations relating to, among other things, inadequate telephone privileges, right to unopened privileged mail and right to treatment. A Superior Court issued an …
Article • May 15, 2007
Plaintiffs Awarded Attorney Fees For Criminal Defense In § 1983 Action by Plaintiffs Awarded Attorney Fees For Criminal Defense In § 1983 Action The United States District Court for the Central District of California, in ruling on a novel issue in the Ninth Circuit, held that a plaintiff in a …
Article • May 15, 2007
Sanction Of Nearly $1 Million In Attorney Fees Upheld by The United States Supreme Court held that a district court acted within its authority when imposing attorney fees as a sanction for bad-faith conduct. Russell Chambers, director and lone shareholder of Calcasieu Television and Radio, Inc., agreed to sell his …
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