Skip navigation

Search

6942 results
Page 240 of 348. « Previous | 1 2 3 4 ... 236 237 238 239 240 241 242 243 244 ... 344 345 346 347 348 | Next »

Article • May 15, 2007
Filed under: Civil Procedure, Costs
Cost of Prosecuting Prisoner Crimes In Pennsylvania Prisons Must Be Paid By State by Cost of Prosecuting Prisoner Crimes In Pennsylvania Prisons Must Be Paid By State The Pennsylvania Supreme Court has affirmed an appellate court ruling that the State must reimburse counties for prosecution costs related to crimes committed …
Altercation Suit Brought By Prisoner Backfires; $250,000 Awarded to Guard by Virginia state prisoner Lament Douglas brought a § 1983 suit against prison guard J. McCarty for an altercation which left both parties injured. The Court granted remittur and awarded $250,000 to McCarty on his counterclaim. Douglas' motion for a …
Article • May 15, 2007
Death Row Prisoner Awarded One Dollar For Lung Damage by California State death row prisoner Dennis Ervine claimed Eighth Amendment violation where alleged bacteria from a dental procedure caused respiratory damage. After dismissal of key testimony from former prison personnel, on March 27, 2006, the jury found no conscious attempt …
Article • May 15, 2007
Filed under: Court Access, Standing, Parties
Court Permission Must Be Sought for Party to Proceed Anonymously by The plaintiffs sought to challenge the Utah fornication and sodomy statutes, and to do so pseudonymously. At 1172: When a party wishes to file a case anonymously or under a pseudonym, it must first petition the district court for …
Article • May 15, 2007
Prisoner Bears Burden of Proving Mailbox Claim by Prisoner who did not establish that there was a prison mailbox or that he used it, and did not provide an affidavit or notarized statement recounting the precise date he left his notice of appeal with prison authorities, is not entitled to …
District Court Vacates KS Jury Verdict of $500,000 in Jail Beating by The plaintiff alleged that he was beaten by jail staff and sued the county and individual officers; he dropped the latter and obtained a jury verdict of $500,000 against the county. Undisputed testimony showed that the officers were …
Article • May 15, 2007
Attorney-Client Privilege Doesn't Protect All Discovery by In an employment discrimination case, the defendants asserted various privileges. A document from the vice president of communications to an EEO coordinator was not protected by the attorney-client privilege. At 499: It is important to remember that, because the privilege impairs the court's …
Article • May 15, 2007
California Prisoner Shot In Leg and Denied Crutches Awarded $75,002 by On July 17, 1997, a jury in the U.S. District Court for the Northern District of California awarded $75,002 to a prisoner who was shot by a prison guard and deprived of medical equipment prescribed to help him walk. …
Article • May 15, 2007
Private Transportation Company Owes No Legal Duty To Escapee's Victim's Family by In 1999, Kyle Bell was tried and convicted of the 1993 murder of Jeanna North by the state of North Dakota. Transcor America Inc., a private prison transportation company, was contracted by the state of North Dakota to …
Attorney's Must Have Express Authorization To Enter Into Settlement Agreements by In January 1995, Illinois State prisoner Donchii Malone was transferred to Stateville prison where he learned of a contract out on his life. Malone reported this to Warden Godinez and requested transfer to protective custody. Neither happened. A week …
Article • May 15, 2007
Claims May Be Found Within Content Of Complaint by A Virginia State Prisoner, Jerome Howard appealed the district court's dismissal of his claim of deliberate indifference to a medical need for failure to state a claim. Howard was housed on the second tier even with his clubbed foot. Howard fell …
Conflict of Law Analysis Required in Multi State FTCA Litigation by Dana Maye El filed a pro se suit against the United States for unspecified torts under the Federal Torts Claim Act in New Jersey raising claims that occurred in New Jersey, Missouri, and Pennsylvania. The district court granted the …
WI Mental Health Records Ordered Disclosed by The plaintiff, a Protection and Advocacy for Individuals with Mental Illness (PAIMI) organization, sought records from a private mental health facility about two patients who choked to death on food. The facility didn't want to produce them. Notwithstanding defendants' claim that the question …
Article • May 15, 2007
Delay in Processing Administrative Claims Okay by Extended delays by the state Division of Human Rights in processing discrimination claims did not deny due process. A legal cause of action is property. However, procedural deficiencies that do not finally dispose of that cause of action are not a deprivation of …
Article • May 15, 2007
Nominal Damages Verdict Against Nevada Police Upheld by The plaintiff was arrested, but the district attorney declined to prosecute. The plaintiff then filed an excessive force complaint. The officer accused of excessive force notified the district attorney's office, which then filed misdemeanor battery charges against her. The court affirms a …
New York Prisoner Assaulted In City Jail Awarded $920,000 by In June 1997 the First Judicial Supreme Court of New York awarded $920,000 to a prisoner who was assaulted by other prisoners in a New York City jail. As a result of the September 1986 attack, the prisoner, a 28-year-old …
Article • May 15, 2007
Appeals Courts Have Wide Discretion in Class Certification Appeals by Courts of appeals have unfettered discretion to permit or deny interlocutory appeals of class certification orders, provided for by a 1998 amendment to the Federal Rules of Civil Procedure. This discretion is analogous to that exercised by the Supreme Court …
BOP Hernia Suit Dismissed for Non Exhaustion by The plaintiff complained of delay in hernia surgery but did not exhaust administrative remedies. His argument that the remedy doesn't provide damages was rejected in Booth v. Churner. His claim that he was denied the necessary forms is rejected because he filed …
Minor Plaintiff's FTCA Claims Not Tolled by The decedent, an immigration detainee, was killed by another detainee. His wife's and adult children's Bivens claims were time-barred, but the claims of the minor children are tolled under California law until they file suit or reach the age of majority. The fact …
Discovery Materials Presumptively Public by At 1121: "Generally, the public can gain access to litigation documents and information produced during discovery unless the party opposing disclosure shows 'good cause' why a protective order is necessary." The fruits of discovery are "presumptively public." "For good cause to exist, the party seeking …
Page 240 of 348. « Previous | 1 2 3 4 ... 236 237 238 239 240 241 242 243 244 ... 344 345 346 347 348 | Next »