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Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter Racist jokes, sexually explicit photos, love notes to his mistress and evidence of improper political campaigning were found in the e-mail account …
Monetary Sanctions Permitted for Milwaukee Jail’s Violation of Consent Decree by David Reutter Monetary Sanctions Permitted for Milwaukee Jail’s Violation of Consent Decree by David Reutter Wisconsin’s First District Court of Appeals has held that an intentional contempt finding against the Milwaukee County Jail (MCJ) entitles prisoners who were injured …
Article • August 15, 2008
Eleventh Circuit Discusses Contempt Fines for Violation of Consent Decree by A consent decree ordered the state prison system to remove state prisoners from a county jail within 30 days of the state's receipt of the conviction and sentencing transcript. In response to a contempt motion, the state said it …
Article • August 15, 2008
$45,000 Damage Award to Traveler Detained in San Francisco Airport by The plaintiff was awarded $45,000 in compensatory and punitive damages against federal customs inspectors for unlawful detention at an airport on suspicion of drug smuggling. The plaintiff lacks standing to seek injunctive relief since she is not likely to …
Article • August 15, 2008
Washington Civil Commitment Injunction Reaffirmed; No Appellate Jurisdiction to Review Contempt Sanctions by The United States Court of Appeals for the Ninth Circuit reaffirmed their ruling upholding the so-called "Turay Injunction" but refused to hear an appeal of $10 million., in contempt sanctions against the defendants due to lack of …
Article • August 15, 2008
No Sanctions for Meritless Motion to Strike by The pro se plaintiff should not be sanctioned for filing a meritless motion to strike. The motion was obviously modeled after a sample Rule 12(f) motion and appeared to be a misguided attempt to respond to the defendants' answers in the appropriate …
Article • August 15, 2008
Transfer, Dismissal of Suit as Sanction Upheld by The plaintiff, subject to sanctions orders in the Western District of Texas and the Fifth Circuit, filed suit in the Eastern District, where venue was improper, apparently to avoid a rule in the Southern District, which provided for honoring the sanctions orders …
Article • August 15, 2008
Lack of Funding No Defense for Bad Prison Conditions by The defendants were held in contempt in an earlier opinion for massive violations of a consent judgment. The defendants have taken sufficient measures, mainly alleviation of crowding (which the court terms the "bad seed" of many constitutional violations) to the …
Article • August 15, 2008
Fee Award Against Frivolous Prisoner Litigant Reduced by The court had awarded fees of almost $2900 against the plaintiff after ruling against him on the merits of his claims. The Fourth Circuit reversed and held that the 12 factors listed in Johnson v. Georgia Highway Express must be applied. The …
Fifth Circuit: Federal Prisoner Loses Retaliation Suit but U.S. Attorney Sanctioned by John Dannenberg by John E. Dannenberg A federal prisoner in Texas sued prison officials for retaliating against him for filing grievances. While the court found for the defendants, it nonetheless sanctioned two Assistant U.S. Attorneys $500 for procedural …
Article • August 15, 2008
Sixth Circuit Upholds $385,000 Contempt Sanction Against Michigan DOC by Prison officials were fined $38500, at a rate of $500 a day, for failure to provide programming to female prisoners equivalent to that for male prisoners, as required by its prior orders. The imposition of contempt sanctions is reviewed for …
Article • July 15, 2008
Massachusetts Prison Official's Ordered To Improve Prisoners' Treatment by Massachusetts State corrections officials (appellants) challenged a court order requiring better treatment for prisoners at the Massachusetts Correctional Institution (MCI) at Walpole claiming that the court exceeded it's statutory authority. The order was affirmed and no separation of powers doctrine violation …
Washington Civilly Committed SVPs Entitled To Less Restrictive Alternative Than McNeil Island by In a brief opinion, the United States Court of Appeals for the Ninth Circuit upheld a decision by the United States District Court for the Western District of Washington which required a "less restrictive alternative" facility to …
Article • July 15, 2008
Washington Civil Commitment Injunction Reaffirmed; No Appellate Jurisdiction to Review Contempt Sanctions by The United States Court of Appeals for the Ninth Circuit reaffirmed their ruling upholding the so-called "Turay Injunction" but refused to hear an appeal of $10 million., in contempt sanctions against the defendants due to lack of …
Article • May 15, 2008
Prisoner Must Have Notice of Forfeiture; Sanctions Denied for Lying Prison Official by A prisoner alleged that he never received notice of forfeiture which was signed for by a prison official, had the return receipt marked by a prison official, and the notice marked as delivered. Notice of forfeiture must …
Nassau County Jail Counsel Sanctioned for Misconduct by The court blasts the County Attorney of Nassau County for failing to obey discovery orders, failing to appear at a settlement conference, and failing to appear at a second conference. However, it grants the County's motion to vacate the default judgment, since …
Article • May 15, 2008
Public Entities Can Assert Attorney Client Privilege by Public entities (the county Board of Commissioners and Sheriff's office) are entitled to assert the attorney-client privilege. Documents prepared in anticipation of being sued under the Civil Rights of Institutionalized Persons Act are protected by the work product doctrine in subsequent § …
Article • May 15, 2008
Fines for Consent Decree Non-Compliance are Criminal, Require Jury Trial by The district court fined D.C. $5.1 million for noncompliance with a consent decree governing treatment of the mentally retarded, which requires placement in community institutions and payment of vendors within 30 days following submission of acceptable vouchers. The nonpayment …
Brief • March 4, 2008
Centinela v. Bacardi & Co, DDC, Order, Fees for Motion to Compel Discovery Request, 2008 Case 1:05-cv-10220-PBS Document 1-1 Filed 02/03/2005 , FILED 1 t, CLfRKS OFFICE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSET TS RICHARD CASTELLINI tp t. !,...,. r""_ .....,.;._; . ; illll:i FEB -3 p …
Article • January 15, 2008
OH Prisoner's Attorney's Rule 11 Sanctions Nullified by Jeffrey Salkil was arrested for drunk driving and placed in the jail for Madison County, Ohio. Because he refused to submit to urinalysis testing, his driver's license was suspended. He completed an affidavit of indigency and asked to have a lawyer appointed …
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