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Mays v. Howell, MO, Plaintiff's Memo in Opposition of Defendant's MSJ, Cop Killed Dog, 2013 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI NORTHERN DIVISION MARCUS MAYS, Plaintiff, v. DOUG HOWELL, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 2:12-CV-6 JCH PLAINTIFF’S MEMORANDUM IN …
Article • March 15, 2013
U.S. Liable Under FTCA for Trauma of Home Raid Resulting from Postal Service Employee's Misinforming Law Enforcement by Michael Brodheim by Mike Brodheim A federal district judge in New York has held that the United States is liable under the Federal Tort Claims Act (FTCA) for the emotional distress caused …
Article • March 15, 2013
Tenth Circuit: No Clearly-Established Right to Oklahoma Trust Fund Money by Matthew Clarke by Matt Clarke On November 22, 2010, the Tenth Circuit Court of Appeals held that Oklahoma state prisoners had no clearly-established right to the funds in their trust fund accounts in 2007. Herman T. Clark, an Oklahoma …
Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld by Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld On March 19, 2012, the Eighth Circuit Court of Appeals held that 42 U.S.C. § 1997e(e) bars compensatory damages …
Chicago Police Hit with Big Judgment and “Code of Silence” Finding by Derek Gilna Chicago Police have a difficult and dangerous job, but also a heavy responsibility to hold themselves accountable to follow the same laws they are sworn to uphold. In the case of Karolina Obrycka, a diminutive tavern …
Article • March 15, 2013
Alabama: Deputy Sheriffs Immune from Suit for Damages by The Alabama Supreme Court has held that deputy sheriffs, like sheriffs, are constitutional officers who, by virtue of the doctrine of state immunity, cannot be sued for monetary damages in their individual capacity when the acts that form the basis of …
Sixth Circuit Explores Excessive Force Legal Twilight Zone; Finds Fourth, not Fourteenth Amendment Controlled by Mark Wilson On June 29, 2010, the Sixth Circuit held that a lower correct incorrectly applied the Fourteenth Amendment, rather than the Fourth Amendment to resolve a pre-trial detainee’s excessive force claim. Since the qualified …
Fifth Circuit Disallows Louisiana Deputy's Interlocutory Appeal by Matthew Clarke by Matt Clarke In an opinion filed on November 18, 2011, the Fifth Circuit Court of Appeals held that it had no jurisdiction over a Louisiana deputy's appeal from the denial of his motion for summary judgment based on qualified …
Adams v. CCA, CO, Mot Vacate Trial Date Pending Settlement, prison riot, 2013 District Court, Crowley County, State of Colorado 110 East 6th Street, Room 303 Ordway, CO 81063 719-267-4468 Plaintiffs: VANCE A. ADAMS et al. Defendant: CORRECTIONS CORPORATION OF AMERICA Counterclaimant: CORRECTIONS CORPORATION OF AMERICA Counterclaim Defendants: RICHARD ALLISON, …
Seales v. City of Detroit, MI, Amended Complaint, Wrongful Imprisonment, 2013 Case 4:12-cv-11679-GAD-DRG ECF No. 28 filed 04/09/13 PageID.121 Page 1 of 22 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARVIN SEALES, Plaintiff, Case No. 4:12-cv-11679 Hon. Gershwin A. Drain v CITY OF DETROIT, a Municipal Corporation; …
Adams v. CCA, CO, Plf Brief Jury Instructions, prison riot, 2013 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: VANCE A. ADAMS et. al. Defendants: …
Adams v. CCA, CO, Plf Res Def MoL Excl Doc After Action, prison riot, 2013 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: VANCE A. …
Article • February 15, 2013 • from PLN February, 2013
Supreme Court Extends Qualified Immunity to Private Attorney by The U.S. Supreme Court has extended qualified immunity to a private lawyer who was retained by a city to serve as an internal affairs investigator. In August 2006, Rialto, California firefighter Nicholas Delia became ill while responding to a fire. His …
Article • February 15, 2013 • from PLN February, 2013
TASER Liability Verdict Upheld, but Remittitur Granted by A North Carolina U.S. District Court has held, in ruling on a post-trial motion, that a jury’s liability verdict against TASER International related to the death of a juvenile shocked by one of the company’s TASER devices was reasonable, but granted remittitur …
Article • February 15, 2013 • from PLN February, 2013
FBI Loses Prisoner’s Property but Sovereign Immunity Foils Recovery by Derek Gilna On May 29, 2012, the Ninth Circuit Court of Appeals barred Galo Alejandro Ordonez from compensation after the FBI and the federal government acknowledged that property that had been previously seized from him and ordered returned was “presumed …
Adams v. CCA, CO, Orders, prison riot, 2010 FROM 9707763319 Thu Feb 07 09 :17 : 59 2013 From:otero county district court PAGE 1 OF 7 7193844991 02 / 07/2013 11 : 10 #478 P.001 / 007 STATE OF COLORADO Courts of the Sixteenth Judicial District Otero, Bent and Crowley …
Brief • February 4, 2013
Tomblin v. Los Angeles, Ninth Circuit, Appellant's Reply Brief, Reasonable Suspicion for Arrest, 2013 No. 11-56157 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DAVID L. TOMBLIN, Plaintiff and Appellant, v. COUNTY OF LOS ANGELES, LOS ANGELES SHERIFF’S DEPARTMENT, THOMAS LUU and DANILO R. CASTANEDA Defendants and …
Adams v. CCA, CO, Plf Res Def MoL re Wojtalewicz Testimony, prison riot, 2013 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: VANCE A. ADAMS …
9th Circuit: Class-action by Civilly Committed Sexually Violent Predators May Proceed on Claims for Declaratory and Injunctive Relief by Following remand from the U.S. Supreme Court, the Ninth Circuit reversed in part its previous published ruling, Hydrick v. Hunter, 500 F.3d 978 (9th Cir. 2007) [PLN, April 2007, p.34], which …
Adams v. CCA, CO, Def MoL re Wojtalewicz Testimony, prison riot, 2013 Plaintiffs: VANCE A. ADAMS et al. Defendant: CORRECTIONS CORPORATION OF AMERICA Counterclaimant: CORRECTIONS CORPORATION OF AMERICA ▲ COURT USE ONLY ▲ Counterclaim Defendants: RICHARD ALLISON, et al. Attorneys for Defendant and Counterclaimant: Case Number: 05 CV 60 Andrew …
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