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Brief • March 31, 2021
Filed under: Malicious Prosecution
Phoenix v. Day One, RI, Dft's Memo in Support of Motion to Dismiss, Malicious Prosecution, 2021 Case 1:20-cv-00152-MSM-PAS Document 39-1 Filed 03/31/21 Page 1 of 8 PageID #: 329 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND SIMONE E. PHOENIX, Plaintiff v. DAY ONE, DEB WINGATE-SILVA, FAMILY SERVICE …
Prosecutors Drop Charges Against Florida Prisoner Accused of Assaulting Guard After Video Surfaces by Kevin Bliss by Kevin Bliss Prosecutors dismissed felony aggravated assault charges against jail detainee Mike Neal and placed three guards under criminal investigation for battery and official misconduct after previously unreported video surfaced of the incident …
Brief • December 11, 2020
Filed under: Malicious Prosecution
Phoenix v. Day One, RI, Report and Recommendation, Malicious Prosecution, 2020 Case 1:20-cv-00152-WES-PAS Document 28 Filed 12/11/20 Page 1 of 11 PageID #: 276 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND SIMONE E. PHOENIX, Plaintiff, : : : v. : : DAY ONE, THE PROVIDENCE CENTER, INC., …
Article • August 1, 2020 • from PLN August, 2020
Nevada Court Rules Prison Officials Withheld Evidence from Prisoner by David Reutter by David M. Reutter A Nevada federal district court found on February 7, 2020 that prison officials were liable for failing to provide evidence to a prisoner during disciplinary proceedings. The Court’s grant of summary judgment to Nevada …
Article • August 1, 2020 • from PLN August, 2020
Michigan Prisoner’s Malicious Prosecution Claim Survives Summary Judgment by David Reutter by David M. Reutter On February 28, 2020, the Sixth Circuit Court of Appeals held that the parties’ conflicting self-serving statements precluded the grant of summary judgement for defendants in a lawsuit alleging malicious prosecution. Before the court was …
Brief • June 30, 2020
Filed under: Malicious Prosecution
Phoenix v. Day One, RI, Memo in Support of Dft's Objection to Motion, Malicious Prosecution, 2020 Case 1:20-cv-00152-WES-PAS Document 25-1 Filed 06/30/20 Page 1 of 10 PageID #: 200 MJC:mes 95466 \Pleadings\95466 30d Memo in Support 6-30-20 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND SIMONE E. PHOENIX …
Brief • June 24, 2020
Filed under: Malicious Prosecution
Phoenix v. Day One, RI, Memo in Support of Plaintiff's Motion to File Second Complaint, Malicious Prosecution, 2020 Case 1:20-cv-00152-WES-PAS Document 24-1 Filed 06/24/20 Page 1 of 14 PageID #: 159 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND SIMONE E. PHOENIX, Plaintiff v. DAY ONE, DEBRA WESTGATE-SILVA, …
Melnik v. Dzurenda, et al., NV, order, prisoner due process, disciplinary hearing, 2020 j.io-uv-uuD/u-Miviu-ULB Document 69 Filed 02/07/20 Page 1 of 13 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 JOHN MELNIK, Case No. 3:16-cv-00670-MMD-CLB 7 Plaintiff, ORDER 8 JAMES DZURENDA, etal., 9 Defendants. 10 11 …
Article • December 1, 2019
Oregon Court of Appeals: Entering iPhone Passcode is Testimonial Act; Can Be Compelled if State Establishes Defendant’s Knowledge of Passcode is ‘Foregone Conclusion’ by Mark Wilson by Mark Wilson In a case of first impression, the Oregon Court of Appeals held that entering a passcode into a smartphone is testimonial …
Article • November 23, 2019
Arkansas Supreme Court Denies Judicial Review of Prisoner’s Disciplinary Case by Edward Lyon by Ed Lyon Malik Muntaqim, a prisoner assigned to the Arkansas Department of Correction’s (ADC) Ouachita River Unit, was seeking a transfer to a different prison unit and experienced racial discrimination. In his written transfer request, Muntaqim …
Article • October 14, 2019
Illinois Supreme Court: Prisoner’s Rights to Due Process Not Violated by Aaron P. Fillmore, as a prisoner at the Lawrence Correctional Center in Illinois, was cited for violating rules related to being involved in a “Security Threat Group or Unauthorized Organizational Activity." Guards contended that Fillmore assumed an active leadership …
Article • September 14, 2019
Disciplinary Hearing Restitution Order Enforceable in Bankruptcy Proceeding by An Idaho federal Bankruptcy Court held that a prison disciplinary restitution order was enforceable and may be distributed from the proceeds of a lawsuit settlement. While an Oregon prisoner, Marlin B. Pohlman was subjected to a misconduct charge for a property …
Adams v. Baker, TN, Trial Opinion, Retaliation, 2019 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA CHRISTOPHER ADAMS, Plaintiff, v. DAVE BAKER, Defendant. ) ) ) ) ) ) ) ) ) Case No. 1:16-cv-335 Judge Travis R. McDonough Magistrate Judge Susan K. Lee TRIAL OPINION Plaintiff Christopher …
Article • July 2, 2019 • from PLN July, 2019
Former Louisiana Warden Nate Cain, Son of Infamous Burl Cain, Pleads Guilty by David M. Reutter by David M. Reutter “Yes, sir,” said Nathan Burl Cain II. With that reply in March 2019, the former warden of Louisiana’s Avoyelles Correctional Center, now known as the Raymond Laborde Correctional Center, abruptly …
Article • May 3, 2019 • from PLN May, 2019
New Jersey Prisoner Who Suggested Date to Nurse Has Disciplinary Action Reversed by In an unpublished ruling, the Appellate Division of New Jersey’s Superior Court reversed a disciplinary action against a prisoner who had contacted a prison nurse to suggest a date. Shakey Norman was found guilty by a disciplinary …
$25,000 Settlement Over Connecticut False Arrest and Malicious Prosecution Claims by Mark Wilson by Mark Wilson The City of Norwalk, Connecticut, paid $25,000 to settle false arrest and malicious prosecution claims against a Norwalk Police Department (NPD) detective. On October 3, 2013, Robert Ragsdale complained to the NPD that he …
Article • February 5, 2019 • from PLN February, 2019
Seventh Circuit: District Court Abused Discretion in Not Seeking Counsel for Pro Se Prisoner by by Dale Chappell In a case where a prisoner filed a civil rights claim against prison doctors but failed to follow proper legal procedures, the district court abused its discretion when it refused to seek …
Brief • December 8, 2018
Phillips v. City of Chicago, IL, Settlement, False Arrest & Malicious Prosecution, 2018 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PAUL PHILLIPS and LEWIS GARDNER, Plaintiffs, VS. CITY OF CHICAGO; CHICAGO POLICE OFFICERS ANTHONY VILLARDITA #20849, THOMAS JOHNSON #20820, BRIAN KILLACKY #20748, TERRY …
Article • November 7, 2018 • from PLN November, 2018
BOP’s Violation of Alcohol Policy Ends in Expungement, Reversal of Disciplinary Sanctions by Dale Chappell by Dale Chappell The Bureau of Prisons’ (BOP) violation of its own alcohol policy prompted the expungement of disciplinary reports and reversal of sanctions imposed on two prisoners after they challenged their disciplinary convictions in …
Article • November 7, 2018 • from PLN November, 2018
Prisoner Can Face Discipline Yet Still Sue Guard for Excessive Force Under Heck by The Eleventh Circuit Court of Appeals held on April 23, 2018 that the “inconsistent-factual-allegation gloss” on Heck v. Humphrey, 512 U.S. 477 (1994) applies only “where the allegation in the [42 U.S.C.] § 1983 complaint is …
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