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Deported Plaintiff Can Be Deposed Telephonically, Dismissal Denied by The plaintiff sued under the Federal Tort Claims Act alleging that INS agents beat him up. He was subsequently deported and forbidden to return to the United States. The government moved to dismiss on the ground that he didn't show up …
$3 in Damages, $1,920 in Costs Awarded to Stabbed, Disabled Prisoner by The plaintiff, a paraplegic, alleged that he was assaulted and stabbed by another prisoner with staff complicity. The jury found that a defendant had conspired to violate the Eighth Amendment and awarded $1.00 nominal, $1.00 compensatory and $1.00 …
Article • August 15, 2008
Filed under: Court Access, Discovery
Court Access Rights Discussed by At 785: "The right of access to the courts arises in a variety of contexts." The right to sue and defend in court is a privilege of citizenship guaranteed by the Constitution. There is a right of court access encompassed within the right to petition …
South Dakota Statutory Provisions, Immunity Preclude Prisoners' Alleged Unauthorized Sanction Claims by South Dakota state prisoners Leander Clay, James Smith and Kenneth Muetze (plaintiffs) appealed the dismissal of their pro se action for statutory immunity against South Dakota State Penitentiary and Department of Corrections personnel (defendants), which alleged unlawful disciplinary …
Article • August 15, 2008
Tenth Circuit Upholds Colorado DOC's Confiscation of Books, Legal Documents by Colorado state prisoner Wendel Wardell, Jr. appealed the dismissal of his pro se 42 U.S.C. § 1983 action filed against the Colorado Department of Corrections (CDOC) after Fremont Correctional Facility personnel confiscated reading materials mailed to him from an …
National Council of Juvenile and Family Court Judges to Pay for Grant Fraud by On March 10, 2008, the National Council of Juvenile and Family Court Judges (NCJFCJ) agreed to settle a grant fraud case for $300,000. After being promoted to Special Projects Manager of the NCJFCJ, Serena Hulbert requested …
Article • August 15, 2008 • from PLN August, 2008
Eighth Circuit: Iowa Prisoner’s Denial-Of-Court-Access Ruling Reversed by The Eighth Circuit U.S. Court of Appeals reversed a district court § 1983 judgment that had found Iowa’s contract attorney arrangement (in lieu of a law library) had denied an Iowa prisoner’s constitutional right of access to the courts. The court also …
Court Orders Attorney General to Allow Law Students Access to Political Prisoners at Federal Supermax by Brandon Sample On January 17, 2008, U.S. District Judge Wiley Y. Daniel granted a preliminary injunction permitting University of Denver law students access to two prisoners housed at the Bureau of Prisons’ (BOP) Administrative …
Article • August 15, 2008 • from PLN August, 2008
Court Clerk Fired for Relationship with Prisoner; Bar Complaint Against Federal Prosecutor Exposed Relationship by In August 2007, a deputy clerk at the Ninth Circuit Court of Appeals in San Francisco was fired after an investigation revealed she had a personal relationship with a prisoner who flooded the courts with …
Article • August 15, 2008
Florida Judge Removed from Bench by On December 7, 2006, the Florida Supreme Court removed Seminole County Judge John R. Sloop from the bench for violations of the Code of Judicial Conduct. This was the third time that Judge Sloop had come to the attention of the Judicial Qualifications Committee …
Article • August 15, 2008
Florida Judge Removed from Bench by On December 7, 2006, the Florida Supreme Court removed Seminole County Judge John R. Sloop from the bench for violations of the Code of Judicial Conduct. This was the third time that Judge Sloop had come to the attention of the Judicial Qualifications Committee …
District Of Columbia Class Action Reinstated For Excessive Copying Fees by District of Columbia resident Julian Ford sought review of his class action denial against medical records contractor ChartOne, Inc., for charging excessive copying fees. The court denied the certification deeming Ford's acquisition of the records for commercial purposes and …
Article • August 15, 2008
Washington State's Duty to Defend Officials Depends on Their Conduct by Washington state Supreme Court Justice Richard Sanders appealed the denial of attorney’s fees in a complaint filed against him by the Commission on Judicial Conduct (Commission) for misconduct in 2003. The appellate court held that no state duty existed …
Article • August 15, 2008
Forcing WV Prisoner to Wear Jail Garb At Sentencing Violates Due Process Clauses by Jeffrey Finley, a West Virginia state prisoner, was convicted of murdering his neighbor. The trial court, believing it had unfettered discretion to make him wear jail clothes at sentencing, denied his request to wear street clothing …
Paralegal Services Reimbursed at Market Rate Under Federal EAJA by The Richlin Security Service Co. (Richlin) provided guards for U.S. government detainees at the Los Angeles International Airport during the 1990s. Contract ambiguities resulted in Richlin guards being underpaid. In 1995, the U.S. Department of Labor ordered the government to …
Compassionless Conservative Texas Judge Closes Court Promptly, Ensuring Execution by Matthew Clarke by Matt Clarke Sharon Keller, 54, presiding judge of the Texas Court of Criminal Appeals, has come under sharp criticism for refusing to keep the court open twenty minutes past its usual closing time to permit a late …
Georgia Sheriff, Judges, Other Officials Face Misconduct, Criminal Charges by David Reutter In November 2007 a federal grand jury issued an indictment charging Clinch County, Georgia Sheriff Winston C. Peterson, 62, with perjury, using forced prisoner labor and extorting former jail prisoners. Peterson’s indictment marked the second time in the …
Ninth Circuit: Prisoner’s Eighth and Fourteenth Amendment Classification Claims Fail Sandin Test by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals, applying the “atypical and significant hardship” test of Sandin v. Conner, 515 U.S. 472 (1995), affirmed a U.S. District Court’s (N.D. Cal.) ruling that …
New York Prisoner Awarded $500 for 20 Days’ Wrongful Isolation by On June 21, 2006, a New York Court of Claims awarded $500 to a prisoner who claimed he was kept in “almost total isolation” for 20 days while housed at the Elmira Correctional Facility in order to attend two …
Article • July 15, 2008
Summary Dismissal of Court Access Claim Reversed by The Seventh Circuit Court of Appeals reversed a lower court’s sua sponte dismissal of a prisoner’s access-to-courts claim for failure to state a claim. The court also held that the prisoner was entitled to amend his complaint. Indiana prisoner Kenneth Marshal filed …
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