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Article • November 15, 2011 • from PLN November, 2011
U.S. Supreme Court Holds Civil Contemptor Facing Incarceration Requires Procedural Safeguards Absent Counsel by The U.S. Supreme Court held on June 20, 2011 that counsel need not be provided to a person facing civil contempt for failure to pay child support so long as the state has “in place alternative …
Article • July 15, 2011 • from PLN July, 2011
Georgia: Child Support Contempt Findings Create Debtor’s Prisons by David Reutter by David M. Reutter The Great Recession has put millions of Americans out of work, which has caused more people than usual to become delinquent on their child support obligations and other debts. Many courts, especially those in Georgia …
Contempt Order Upheld Against Kentucky DOC Commissioner by by Mark Wilson On August 15, 2008, the Kentucky Court of Appeals unanimously affirmed a lower court order holding former Dept. of Corrections Commissioner John Rees in contempt of court. Fifteen-year-old Daniel Ottman pleaded guilty to first-degree assault following a 2004 shooting …
Article • May 15, 2010 • from PLN May, 2010
Closed Door Justice: Court Seeks Disbarment of Attorney in Secret by Brandon Sample The story of Herbert Moncier, a prominent attorney in Knoxville, Tennessee, seems foreign, as if it were from another time and place. In fact, it is almost Gestapo-like. Moncier’s problems began on November 17, 2006 during a …
Virgin Island Officials Held in Contempt: Prisoner Mental Health Treatment Inadequate by Matthew Clarke by Matt Clarke A federal district judge has held the Governor, Attorney General and Director of Corrections of the U.S. Virgin Islands and other prison officials in contempt for not correcting inadequate prisoner mental health treatment. …
Federal Judge Holds Texas Parole Board Coleman Hearings Unconstitutional by Matthew Clarke by Matt Clarke On August 6, 2009, a federal judge ruled that hearings held by the Texas Board of Pardons and Paroles (BPP) to determine whether onerous sex offender conditions should be imposed on parolees not convicted of …
Brief • December 4, 2008
McCall v. Rock Hill, MO, Planintiff Memo for Contempt, 2008 Case: 4:08-cv-00471-CEJ Doc. #: 32 Filed: 12/04/08 Page: 1 of 4 PageID #: 107 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CURTIS MCCALL, ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. CITY OF …
Prisoners Contempt Motion Requesting Compensatory Damages Not Precluded by The United States District Court for the Southern District of New York held that prisoners' attorneys could prosecute a contempt motion against prison officials as prisoners' contempt motion was civil in nature. Orange County Correctional Facility (New York) officials moved pursuant …
Article • May 15, 2007
Monetary Sanctions Against DOC Commissioner Violates Alabama Constitution by The Alabama Supreme Court held that a trial court's imposition of monetary contempt sanctions against the Commissioner of the Alabama Department of Corrections (DOC), in his official capacity, violated Section 14 of the Alabama Constitution. In the early 1990s the Alabama …
Article • May 15, 2007
Criminal Contempt Requires Criminal Procedure Rights by The U.S. Supreme Court held that imposing a criminal contempt fine without benefit of a jury trial is unconstitutional. The International Union and the United Mine Workers of America (petitioners) were enjoined from collectively conducting unlawful strike related activities against the Clinchfield Coal …
Injunction and Contempt Sanction Issued Against Disciplinary Proceedings Due Process Violations by Injunction and Contempt Sanction Issued Against Disciplinary Proceedings Due Process Violations In the review of a district court's enforcement of an injunction governing disciplinary proceedings at New York's Bedford Hills Correctional Facility (BHCF) for women, the Second Circuit …
No Contempt for KS Jail Sheriff by A consent judgment in a jail conditions case was entered in 1987; the jail was replaced in 1989; the new jail was found to be operating in violation of the consent decree in 1992. After further proceedings a final judgment was entered creating …
Article • May 15, 2007
District Court Erred in Appointing Court Monitor by In the litigation about the Department of the Interior's mismanagement of the Indians' money, the district court erred in reappointing a court monitor over the government's objection. The monitor was charged to "monitor and review" all trust reform activities and to report …
Lack of Counsel for NJ Child Support Contempt Cases Upheld by Persons held in civil contempt for failing to comply with child support orders challenged the lack of a right to counsel (appointed for indigent defendants) in such proceedings. The district court properly abstained under Younger v. Harris. The plaintiffs …
Understaffed Jail Not Liable for Suicide by The decedent, arrested for DUI, told the arresting officer and a jail officer that his girlfriend recently hanged herself in another jail and that the other jurisdiction's police force did that to her. He told the admissions officer that if he had to …
Article • May 15, 2007
Governor Held in Contempt in RI Crowding Suit by A federal district court in Rhode Island held that the state's governor and director of prisons were in continuing contempt for failing to comply with previous orders to correct unconstitutional prison conditions. Court previously held that prisoners and detainees could not …
NJ Jail Held in Contempt by A federal district court in New Jersey held that the Essex county jail was in contempt for not complying with orders to limit overcrowding and give prisoners outdoor exercise. Court had previously found conditions were deplorable and ordered relief. Court sanctioned jail with $1,476,800.00 …
Virgin Island Prison Officials Held in Contempt for Failing to Comply with Conditions of Confinement Orders by The US District Court (D. Virgin Islands) held that Virgin Island Bureau of Corrections (BOC) officials were in contempt of court for not making all reasonable efforts to comply with the court's earlier …
Texas Prison Officials Held in Contempt in Prison Conditions Case by A federal district court Texas held Texas prison officials in contempt for procrastinating in implementing court-ordered prison reforms. The district court held that prison officials had deliberately ignored the court's orders in the following areas of controversy: (1) the …
Article • May 15, 2007
Second Circuit Discusses Contempt Sanctions by The court recites Second Circuit contempt boilerplate (655). Contempt sanctions may serve both coercive and compensatory purposes, but a sanction paid to the other party "should correspond at least to some degree with the amount of damages," and proof of loss must be present …
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