Ohio Supreme Court: Due Process Not Satisfied by Procedure Requiring Parties to Monitor Internet for Property Foreclosure Sales by In September 2012, the Ohio Supreme court held that it was insufficient for due process purposes to serve constructive notice on a party via the Internet, where the party has a …
Ohio Appellant Wins Mandamus Order Disclosing Attorney Fees Statements by Derek Gilna Appellant Jean A. Anderson won an appeal of a judgment denying her copies of certain itemized billing statements for attorneys service rendered to Vermillion, Ohio, overturning a lower-court decision that had sided with the city’s argument that the …
Ohio Court Stays Prisoner Suit Pending Supreme Court Action by Derek Gilna Ohio state prisoners filed a Section 1983 civil rights class-action case in federal court against the state parole board, alleging reverse discrimination in the granting of parole. The Parole Board moved for and was granted a stay since …
US Court of Appeals Finds for Judge in Gordian Knot of Interests by The United States Court of Appeals for the Sixth Circuit reversed in August 2012 the district court’s judgment that Judge James DeWeese, presiding in a state action against Edwin Griffeth, a supervised prison releasee, overstepped his authority …
Ohio Supreme Court Affirms Denial of Cincinnati Enquirer's FOI Request by The Cincinnati Enquirer's request for access to certain records of the Cincinnati Police Department pursuant to R.C. 149.43, the Public Records Act, has been denied on right to privacy grounds by the Ohio Supreme Court. Affirming an appellate court …
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 …
Sixth Circuit Remands Wrongful Death Case to Reduce Punitive Damage Award by Derek Gilna Dorothy V. Freudeman was an elderly lady in poor health who was a resident of the Landing of Canton, (Ohio), an assisted living facility. While there she was apparently mistakenly given anti-diabetic medication, which resulted in …
Pay-to-Stay Jail Programs Growing by Due in part to stressed government budgets, “pay-to-stay” fees imposed on prisoners in county jails are becoming more prevalent. Two counties, one in Ohio and the other in California, are now collecting incarceration costs from detainees. After Keller Blackburn became prosecutor for Athens County, Ohio, …
Ohio Supreme Court Sides with Defendant in Sex Offender Registration Case by Derek Gilna On May 8, 2012, the Ohio Supreme Court ruled in favor of Wesley Lloyd, who was convicted of a sex offense in Texas and then moved to Ohio in 2005. He was arrested and convicted in …
Liddy v. MTC Medical, OH, Opp. to Mtn. for Protective Order, Disclosure of Confidential Med. Records, 2013 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION SHIRLEY J. LIDDY, et al., Plaintiffs, -vs.MTC MEDICAL, LLC, et al., Defendants. ) ) ) ) ) ) ) …
Liberty for Sale: Should Ohio Prisoners be Commodities in a For-Profit Venture? by German Lopez by German Lopez, Cincinnati CityBeat In 1997, Corrections Corporation of America (CCA) opened a private prison in Youngstown, Ohio. The Northeast Ohio Correctional Center was to hold out-of-state prisoners with the promise of profits and …
Piskura v Taser International OH SJ Order Taser Chest Contact Death 2012 Case: 1:10-cv-00248-HJW-KLL Doc #: 148 Filed: 10/29/12 Page: 1 of 40 PAGEID #: 4930 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION MARY PISKURA, et al., Plaintiffs, v. TASER INTERNATIONAL, et al., Defendants. Case No. 1:10-cv-248 …
S.H. v. Reed, OH, Expert Report, Juvenile Class Action, 2012 Case: 2:04-cv-01206-ALM-TPK Doc #: 328-3 Filed: 10/29/12 Page: 1 of 44 PAGEID #: 9265 Stuart Grassian, M.D. 401 Beacon Street Chestnut Hill, MA 02467 (617) 244-3315; fax (617) 244-2792 stgrassian@gmail.com Declaration: Psychiatric Report in S.H. v. Reed I, Stuart Grassian, …
$657,670 Settlement in Ohio Juvenile Facility Class-action Suit by Less than a year after the filing of a federal civil rights class-action, a settlement was reached in the lawsuit, which challenged conditions of confinement at the Washington County Juvenile Center (WCJC) in Marietta, Ohio. In October 2011, the parties to …
Prisoners and Families Connect with Video Visitation, for a Price by Since 2006, family members and friends of Virginia prisoners have been able to use modern videoconferencing equipment to enjoy visits with loved ones held in state prisons hundreds of miles away. The Video Visitation Program, operated by two Richmond-based …
“Fusion Centers” Gather Intelligence on U.S. Citizens by Derek Gilna Homeland Security-financed agencies called “fusion centers,” ostensibly formed to collect information to prevent 9/11-type terrorist attacks, have expanded their scope of operations to include ordinary street-level crime. The American Civil Liberties Union (ACLU) recently expressed concerns about a fusion center …
Sand v. Lorain County et al., OH, Complaint - Guard Beating Inmate, Witholding Medical Treatment (2013) IN THE COURT OF COMMON PLEAS LORAIN COUNTY, OHIO JORDAN SAND 113 4th Street Elyria, OH 44035 Plaintiff, v. LORAIN COUNTY c/o Lorain County Board of Commissioners 226 Middle Avenue, Fourth Floor Elyria, OH …
Ohio Prison Guards Denied Qualified Immunity for Leaving Prisoner Handcuffed for 12 Hours by The Sixth Circuit Court of Appeals reversed a district court’s grant of qualified immunity to prison officials in a federal civil rights action alleging violations of a prisoner’s rights under the Eighth Amendment. Ohio state prisoner …
Ohio Motorist Shot in Face by Police Receives $450,000 Settlement by In August 2011, the Village of Middleport, Ohio agreed to settle a civil rights case filed by a West Virginia resident, James Gray IV, who claimed that he was shot in the face by a Middleport Police Department police …