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California: Federal Court Grants Increased Attorney Fee Rates in Armstrong Disability Case by On August 8, 2011, a California federal district court approved an increase in the hourly rates for the plaintiffs’ attorneys due to additional experience the attorneys had accrued since the beginning of the litigation. The court had …
Fifth Circuit Issues Landmark Ruling on Texas Prison System Correspondence Rules by Texas state prisoner Guadalupe Guajardo filed a federal civil rights action pursuant to 42 U.S.C. § 1983 challenging the restrictions on prisoners correspondence in Texas prisons. After partial settlement, the court ruled that, because only declaratory judgment was …
Article • May 15, 2012
Iowa Supreme Court Refuses Miranda Protection for Confession to Case Worker by Derek Gilna By Derek Gilna The Iowa Supreme Court has affirmed a lower-court decision denying defendant Jess John Pearson's Motion to Suppress, based upon the Miranda case for a voluntary confession given to his social worker, who interviewed …
Article • May 15, 2012
Michigan Supreme Court Reverses Its Own Decision Allocating Greater Funding for State’s Public Defender Offices by Derek Gilna By Derek Gilna In an unusual decision, criticized by the American Civil Liberties Union, the Michigan Supreme Court on July 17 reversed itself and threw out a lawsuit that would have required …
Article • May 15, 2012
Human Rights Watch Report Faults ICE for Improper Treatment of Mentally Disabled Aliens by Derek Gilna By Derek Gilna A 2010 study by Human Rights Watch highlights abuses suffered by mentally disabled aliens, both legal and illegal. According to Human Rights Watch, "Every year, several hundred thousand people in the …
Idaho Population Caps Continue; Class Counsel & Representatives Reappointed by Idaho Population Caps Continue; Class Counsel & Representatives Reappointed On December 18, 2007, a federal court in Idaho re-appointed Class Representatives and ordered attorney fees for Plaintiffs' counsel in a long-running Idaho Department of Corrections (IDOC) overcrowding case. In 1987, …
Juror Misconduct Nullifies $6.5 Million California Malpractice Verdict by The California Court of Appeals upheld the reversal of a $6.5 million wrongful conviction legal malpractice damage award due to juror misconduct. During an October 11, 1996 search of a rundown apartment building, Los Angeles Police Department (LAPD) officers Rafael Perez …
Article • May 15, 2012
Requiring Oregon Prisoners to File Appeals Pro Se Abused Discretion by The Oregon Court of Appeals held that a lower court erred when it refused to appoint substitute counsel and required two prisoners to proceed pro se in state post-conviction relief (PCR) actions. Under Oregon's Post-Conviction Hearings Act, ORS 138.510 …
Article • May 15, 2012
New York Attorney Malpractice Nets $250,000 Default Judgment by A New York federal court awarded a $250,000 default judgment against a lawyer who caused the dismissal of a client's case. Charles Robinson retained lawyer Campbell Holder to represent him in a New York state action against his former employer, Metro-North …
California: District Court Awards Attorneys' Fees in Excess of $700,000 Despite Jury Award of Only Nominal Damages to Plaintiff in § 1983 Wrongful Death Suit by California: District Court Awards Attorneys' Fees in Excess of $700,000 Despite Jury Award of Only Nominal Damages to Plaintiff in § 1983 Wrongful Death …
Article • May 15, 2012
Correspondence between NY State Prisoners and Disability Advocates Inc. Held to be Privileged and Non-Discoverable by In December 2004, the U.S. District Court for the Southern District of New York granted a protective order filed by Disability Advocates, Inc. (DAI), the plaintiff in a civil action against the New York …
Denial of Attorney’s Fees and Costs Reversed in New Hampshire Public Records Suit by The New Hampshire Supreme Court vacated a trial court's denial of costs under the State's "Right-to-Know Law," RSA chapters 91A and 215.A (2001 & Supp 2006). ATV Watch (ATV), a non-profit organization, monitors the use and …
District Court Awards over $300,000 in Attorney’s Fees in LAPD Excessive Force Case by In March 2011, the Honorable George H. King, U.S. District Judge for the Central District of California, awarded $299,400 in attorneys' fees and $4,317.44 in costs to a plaintiff who prevailed on her claims of excessive …
Article • May 15, 2012
Pro Se Lawyer Not Entitled to FOIA Attorneys' Fees by The Second Circuit Court of Appeals held that a lawyer who represents himself in Freedom of Information Act (FOIA) litigation cannot recover attorneys' fees under 5 USC § 522(a)(4)(E). James E. Pietrangelo, II, "served as a judge advocate with the …
Article • May 15, 2012
Washington Public Records Act Dismissal Reversed by The Washington state Court of Appeals reversed a trial court's dismissal of a claimed Public Records Act (PRA) violation. The court also held that Plaintiff was entitled to costs and penalties for the County's failure to timely produce the requested records. Relying on …
Washington Supreme Court Reverses Judge's Indigency Status Denial by The En Banc Washington state Supreme Court reversed a lower court's denial of a judge's motion for indigency status. Soon after he was elected to the Pierce County Superior Court Bench, Judge Michael A. Hecht was convicted of felony harassment and …
Article • April 15, 2012 • from PLN April, 2012
Eighth Circuit Revisits Muslim Prisoner’s Settlement with Nebraska DOC; $74,000 in Attorney Fees Awarded by Derek Gilna In a detailed ruling, the U.S. Court of Appeals for the Eighth Circuit rejected an attempt by a Muslim prisoner to obtain additional attorney fees for alleged violations of an agreed injunctive order, …
Brief • March 30, 2012
Martin v. DOC, OR, Judgment, attorney fees, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA GERALD KEEHN, Plaintiff, vs. CIO LUCAS, ELSTNER, CIO CHIPIKITIS, CIO Defendants. } } } } No. 09-16 } } Magistrate Judge Kelly } } } } } } Electronically Filed. …
Article • March 15, 2012
Third Circuit Clarifies Federal Civil Procedure Rule 68 Concerning Attorney’s Fees by The Third Circuit Court of Appeals reversed a New Jersey federal district court’s ruling that a judgment/settlement included attorney’s fees under Rule 68 of the federal rules of civil procedure. The case arose when a photographer, working for …
Article • March 15, 2012 • from PLN March, 2012
Two Charged with Scamming $2.6 Million from Prisoners and Prisoners’ Families by Two Michigan men have been charged with defrauding thousands of prisoners and their families nationwide out of an estimated $2.6 million. Their scheme targeted black and Hispanic prisoners with direct mailings that offered to provide legal and appellate …
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