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Article • November 15, 2011 • from PLN November, 2011
California Appellate Ruling Holds Court Fee Inapplicable to Pre-2009 Convictions by The California Court of Appeal has held that a $30 to $35 court facilities fee imposed by a non-penal statute, Government Code § 70373, does not apply to cases in which the defendant pleaded guilty, or was found guilty …
Article • November 15, 2011
U.S. Supreme Court Defines Prevailing Party for § 1988 Purposes by U.S. Supreme Court Defines Prevailing Party for § 1988 Purposes The U.S. Supreme Court held that the touchstone of the prevailing party inquiry must be the material alteration of the legal relationship of the parties in a manner that …
Brief • September 30, 2011
Filed under: Costs, Appeals, Depositions
CCCF Inmates v. CCR, CO, Plaintiff Apellate Brief, Deposition Costs, 2011 Plaintiff-Petitioners, by and through their attorneys, William A. Trine of Trine & Metcalf, P.C., and Cheryl Trine of Cheryl Trine Law Firm LLC hereby petition this Court pursuant to C.A.R. 2.1, and in support states: I. STANDARD OF REVIEW. …
Brief • September 15, 2011
Dach v. City of Richmond et al, CA, Letter to Judge, discovery dispute fees cost, 2011 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page1 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page2 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page3 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page4 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page5 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page6 …
Illinois Department of Corrections Must Pay Attorney For Indigent Committed Under Sexually Dangerous Persons Act by Matthew Clarke By Matt Clarke An Illinois court of appeals has held that the Illinois Department of Corrections (DOC) must pay the court costs and attorney fees for an indigent person committed under the …
Article • July 15, 2011
Arizona Reverses Denial of Attorney Fees In Arpaio Public Records Case by Matthew Clarke By Matt Clarke An Arizona court of appeals has reversed the denial of attorney fees and award of costs to defendants in a suit brought to compel Maricopa County Sheriff Joseph M. Arpaio to produce public …
Article • July 15, 2011
Mandamus Issued Voiding Texas Court’s Seizure Of Trust Fund without Process by Matthew Clarke by Matt Clarke A Texas court of appeals has conditionally granted a prisoner’s petition for a writ of mandamus, voiding a district court’s order garnishing funds from the prisoner’s trust fund to pay court costs in …
Article • July 15, 2011
Florida Supreme Court Rules on Cost Assessment by David Reutter By David M. Reutter In settling direct conflicts between two district courts of appeals decisions, the Florida Supreme Court has held that applying a statute retroactively to assess costs is not an ex post facto violation. The Court accepted review …
Article • June 15, 2011 • from PLN June, 2011
Filed under: Civil Procedure, Costs
Uncollected Court Debts Piling Up in Tennessee by Over the past several years, counties in Middle Tennessee have had a difficult time collecting court fees and fines. The outstanding debts, from both civil and criminal cases, amount to hundreds of millions of dollars. Davidson County (with Nashville as the county …
Attorney Fees and Costs Against Exoneree Who Lost Lawsuit Denied by On May 21, 2009, a Michigan federal court denied a motion by defendants for attorney fees and costs in an unsuccessful lawsuit brought by an exoneree. During a custody dispute with his ex-girlfriend in 1987, Mark Norman Cleary's seven-year-old …
Article • March 15, 2011 • from PLN March, 2011
Filed under: Civil Procedure, Costs
Second Circuit Holds Costs May be Denied to Prevailing Party on Appeal by The prevailing party on appeal may be denied costs when, in a court’s discretion, taxing costs is deemed inequitable, the U.S. Court of Appeals for the Second Circuit held on November 2, 2009. New York resident Richard …
Article • March 15, 2011
D.C. Settlement Nets Former Warden $62,000 for Legal Expenditures by On July 11, 2005, the District of Columbia paid $62,000 to settle with David Roach—a former warden at the Maximum Security Facility in Lorton, Virginia—who sued the District seeking reimbursement for legal fees. In 1995, while Roach was warden at …
Article • May 15, 2010
Costs Awarded to Prisoner; Denied to Defendants Due to Plaintiff’s Indigency by On August 21, 2009, U.S. District Judge Lawrence Karlton awarded $950.64 to a prevailing prisoner-plaintiff in an excessive force suit. On January 28, 2009, a jury returned a verdict in favor of Javaris Tubbs on his excessive force …
Washington State DNA Collection Fee Affirmed on Appeal by On October 15, 2008, Brandy Brewster of Washington State was convicted by a jury for possession of cocaine, for which she was arrested almost two years previously on November 15, 2006. At her sentencing on December 8, 2008, Ms. Brewster was …
Article • April 15, 2010 • from PLN April, 2010
Prisoner Loses Excessive Force Case in 10 Minutes; Judge Deems Suit Frivolous, Orders $3,000 Paid to Defendants by Mark Wilson Christopher Bookhart had a fool for a client when he represented himself in an excessive force suit he filed against a guard at the Multnomah County Detention Center (MCDC) in …
New Mexico Prisoner Vindicates Native American Religious Rights with Injunction, Fees and Damages by A New Mexico prisoner has prevailed in a religious freedom case that vindicated his right to practice his Native American beliefs. The lawsuit resulted in a settlement in April 2009 that specified the religious practices prison …
Ninth Circuit: California Jail Detainee’s Excessive Force Suit May Proceed by John Dannenberg by John E. Dannenberg The Ninth Circuit Court of Appeals reversed a district court’s decision granting summary judgment to Orange County, California jail officials who allegedly used excessive force while restraining a detainee. The appellate court found …
Article • March 15, 2010 • from PLN March, 2010
Washington DOC Ordered to Pay $174,000 for False Imprisonment by A Washington state woman has been awarded $174,000 in damages after the Washington Department of Corrections (DOC) miscalculated her sentence, causing her to stay in prison an extra 18 months. Melanie Hinkle was convicted of conspiracy to commit murder in …
Arkansas Prisoner Awarded $625 for Refusing to Clean His Cell on the Sabbath by On April 13, 2009, U.S. District Court Judge Harry F. Barnes adopted a magistrate’s report and recommendation that found an Arkansas prisoner should be awarded $625 after being punished for refusing to work on the Sabbath. …
Washington State Makes Work Release Available to Disabled Prisoners; Monetary Payments to Class Members by The Washington Department of Corrections (WDOC) agreed to a settlement in a class action lawsuit alleging violation of the Americans with Disabilities Act (ADA) that results in not only a policy change but monetary payments …
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