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Article • August 15, 2002 • from PLN August, 2002
Washington PDA May Be Used for Pre-Trial Discovery by The Washington State Supreme Court held that the Washington Public Disclosure Act (PDA) at RCW § 42.17 et seq, may be used as a pretrial discovery tool to obtain caserelated documents from agencies against whom parties are litigating civil cases. The …
Sanction for Lawyers' Exposing Secret Wackenhut Sexual Abuse Settlement Upheld by by Matthew T. Clarke The Court of Appeals for the Fifth Circuit upheld the district court's sanctions against the prisoners' lawyers in a suit against Wackenhut Corrections Corporation (WCC) after the lawyers revealed the terms of a secret settlement …
Article • July 15, 2002 • from PLN July, 2002
Catalyst Theory Guts Fee Award in Texas Parole Case by The court of appeals for the Fifth circuit vacated an award of $471,946 in attorney fees in a Texas parole suit finding that a recent supreme court ruling precluded attorney fee awards under the catalyst theory. Texas prisoners filed a …
Article • June 15, 2002 • from PLN June, 2002
Tenth Circuit Vacates Religious Diet Awards Under PLRA Physical Injury Rule by by Matthew T. Clarke The Tenth Circuit held that the PLRA forbids recovery of compensatory damages for violations of the right to exercise a religious preference absent proof of physical injury. Jimmy Searles, a Kansas state prisoner, filed …
$147,000 Paid for 3-1/2 Hour Overdetention and Strip Search of Mistaken Arrestee by John E Dannenberg The Eighth Circuit Court of Appeals upheld a jury verdict of $100,000 against the Little Rock, Arkansas police when, after a judge ordered the release of a mistakenly arrested woman, they failed to promptly …
PLN Awarded $58,059 in Attorneys' Fees in Oregon Bulk Mail Suit; PLRA Doesn't Apply, Injunction Entered by In the April 2001, issue of PLN we reported Prison Legal News v. Cook , 238 F.3d 1145 (9th Cir. 2001), where the Court struck down as unconstitutional the Oregon Department of Corrections …
Order for Attorney Not to Contact Class Members Void by The Fifth Circuit Court of Appeals has invalidated an order by a district court for ACLU National Prison Project (NPP) lawyers not to contact class members in a suit brought by Mississippi state prisoners. The Fifth Circuit also ordered substitution …
Supreme Court Eliminates "Catalyst Theory" Fee Awards by Supreme Court Eliminates "Catalyst Theory" Fee Awards In a 54 decision, the United States Supreme Court held that the "catalyst theory" is no longer a permissible basis for an award of attorneys' fees to "prevailing parties" under fee shifting statutes such as …
PLN Wins Nevada Censorship Suit by Beginning in January 2000, the Nevada Division of Prisons (DOP) began censoring Prison Legal News in all of its prisons, affecting 21 Nevada prisoners who subscribed to PLN .Prison Legal News was never afforded any notice of the censorship nor given an opportunity to …
Brief • October 15, 2001
Filed under: Attorney Fee Awards
Hasan v. Contra Costa Co, 9th Cir, CA, Appellate Brief, Attorney Fees, 2001
Arizona Judgment Seizure Statute Upheld; Fees Protected by An Arizona appellate court has held that a state law allowing the Arizona Department Of Corrections (DOC) to seize 80% of all money won in prisoner lawsuits is valid under that State's constitution. Charles Holly, an Arizona prisoner, sued that State after …
Article • July 15, 2001 • from PLN July, 2001
Defendants' Attorney Fee Award Must Be Supported by Record by The court of appeals for the Tenth circuit held that district courts who award civil rights defendants attorney fees must explain the basis for the award. G. Sam Houston is a Colorado prisoner convicted of assorted sex crimes against children. …
$3 Million Award Not Excessive in Prisoner Beating Death by The US Court of Appeals for the Sixth Circuit upheld a $778,000 verdict and $2.2 million punitive damage award against Shelby County, Tenn. deputy sheriff Rhett Shearin and life prisoner Jerry Ellis in a county jail beating death where Shearin …
Montana Court Awards PLRA-Capped Attorney Fees Under Catalyst Theory by by Matthew T. Clarke A federal district court in Montana has awarded attorney fees to prisoners in a Montana jail, even though the case was settled outofcourt, because the suit was the catalyst of change similar to the relief requested …
Attica Compensation Served Up 29-Years-Cold by Two weeks short of 29 years after the Attica massacre, a federal judge divided an $8 million settlement to compensate more than 500 Attica prisoners and surviving relatives for the abuse suffered when prison guards and state troopers retook the prison after a 5 …
$57,000 Awarded in Illinois Prison Beating by Lonnie Burton In 1999 an Illinois state prisoner was awarded nearly $57,000 in damages and fees following trial on his charges that fellow prisoners beat him while a guard stood and watched. Ronnie W. Carroll filed suit in the United States District Court …
Court May Reduce Post-Judgement Attorney's Fees Rate and Billable Hours by The Ninth Circuit has held that the district court may reduce the rate of pay and number of billable hours for postjudgment work by prevailing civil rights attorneys in prisoner cases when the postjudgment work is less complex and …
$1.18 Million in Santa Clara Co. Sexual Assault/Harassment Suit by $1.18 Million In Santa Clara Co. Sexual Assault/Harassment Suit Female prisoners were awarded a total of $1,180,000 in damages and attorney's fees in the settlement of a suit filed against the Santa Clara County, California, Board of Supervisors and Department …
Attorney Fees Awarded in Challenge to Nevada Shooting Policy by A federal district court in Nevada warded prisoners attorneys' fees and costs totaling $374,370.17 in an action challenging prison practices concerning the use of force and mental health services. Following the decisions, the Nevada Attorney General's office negotiated the award …
$16 Million Agreement to Revamp NJ Prison Mental Health Care by A federal district court in New Jersey has approved a $16 million settlement in a class-action suit against state prison officials for constitutionally deficient prison mental health care. Patricia P. Pearlmutter, assistant professor of clinical law at the Center …
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