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Article • October 14, 2015
Arkansas Prisoners’ Community-Punishment Denied by Arkansas Prisoners’ Community-Punishment Denied In 1997 Joseph Ritter entered a guilty plea to one count of rape and one count of kidnapping. He was sentenced in the Circuit Court of Searcy County, Arkansas, to consecutive sentences of 228 months and 114 months, respectively. The offenses …
Brief • October 14, 2015
Betances v. Fischer, NY, Memorandum and Opinion Denying Defendants Appeal, Post-Release Supervision, 2015 Case 1:11-cv-03200-SAS Document 121 Filed 10/14/15 Page 1 of 30 i :USOC SONY UNITED STATES DISTRICT COURT I DOCUMENT LELECTRONICALLY Jj nee#: __ . . ll tI FILED ll _ j\ ~-~~~~~~-~~~~~~~~-~~-~~-~-~~~-------------~LR~TE t:l~:~~~~fr!j;?"=JJ PAUL BETANCES, LLOYD A. …
Article • October 13, 2015
$1,00,000 Verdict Reinstated for Family of Man Shot by Police by $1,00,000 Verdict Reinstated for Family of Man Shot by Police On May 19, 2014, the Ninth Circuit Court of Appeals reinstated a $1,000,000 verdict for the family of a man shot and killed by a Los Angeles police officer …
Article • September 22, 2015
Restitution Order Upheld in Oregon Driving Case by Restitution Order Upheld in Oregon Driving Case The Oregon Court of Appeals held that a trial court properly increased a defendant’s restitution obligation five months after sentencing. Kirk Douglas Thompson was convicted of a driving offense after crashing into a stop sign …
Article • September 21, 2015
Florida Appeals Court Invalidates Private Company Traffic Tickets by Florida Appeals Court Invalidates Private Company Traffic Tickets On October 14, 2014, Florida’s Fourth District Court of Appeals found for Appellee Eric Arem, contesting a traffic citation issued by a private company that installed, implemented, and enforced a red-light camera ticketing …
Brief • March 3, 2015
Parada De Turcios v. County of Los Angeles, CA, Summons and Complaint, Negligence (Motor Vehicle), 2015 ' SL ..iMONS ,, FOR COURT USE. ONLY (SOLO PARA USO DE lA CORTE) (CITACION JUDICIAL) NbTICE TO DEFENDANT: COUNTY OF LOS ANGELES, (AVISO AL DEMANDADO): _KEVIN L. SCHLECHT and DOES l through 40, …
Brief • October 15, 2013
Trujillo v. NM Corrections Dept, NM, Complaint, Public Records, 2013 10/12/13 05:l9PR MEINTZER LAW FIRM - EDDIE'S SAVORY FOOD 5058654708 RECENED OC11 o 20\'3 STA'fE OF NEW MEXICO COUNTY OF VALENCIA THIRTEENTH RJDICIAL DISTRICT \.EGA\.. ANDREW TRUJILLO, Plaintiff, v. No: ------- STATE OF NEW MEXICO DEPARTMENT OF CORRECTIONS, LEA COUNTY, …
Supreme Court: No Bivens Actions for Federal Prisoners in Private Prison by Matthew Clarke by Matt Clarke In an 8-1 decision, the U.S. Supreme Court has held that federal prisoners housed in privately-managed prisons may not file Bivens-style federal lawsuits against private prison employees alleging lack of medical care in …
Article • July 15, 2012 • from PLN July, 2012
Washington State Court Holds Requester Has the Right to Joinder in Suit Seeking to Bar Disclosure of Public Records by Washington State Court Holds Requester Has the Right to Joinder in Suit Seeking to Bar Disclosure of Public Records The Division Three Court of Appeals for the State of Washington …
$1,000 for Ohio Public Record Destruction; Party Must Intend to Obtain Record to Collect by The Ohio Supreme Court held that a party may not prevail on a suit for destruction of public records unless they actually intend to obtain the records in question. In July, 2007, Timothy Rhodes made …
California Prison System Settles Employee's Unlawful Discharge Suit for $98,000 by Ruby P. Daniels was employed as a “materials and stores supervisor” at San Quentin Prison after having worked about six years for the California Department of Corrections and Rehabilitation. She is the primary caregiver for her sister, who is …
Article • May 15, 2012
California: Federal Judgment in Favor of Police Bars Subsequent State-Court Wrongful Death Action by In May 2009, the California Supreme Court held that a federal-court judgment in favor of the defendants on a civil rights claim brought under 42 U.S.C. § 1983, in which the plaintiffs sought damages for police …
Seventh Circuit Dismisses Wisconsin Deputy Sheriff’s Retaliation Claim by The Seventh Circuit Court of Appeals dismissed a Wisconsin deputy sheriff's retaliation and state law claims against his boss. On May 17, 2007, Milwaukee County Deputy Sheriff David Hutchins called into a popular talk radio show and made critical comments about …
California: Failure to Accommodate Hearing-Impaired Parolee Leads To $100,000 Settlement by In November 2009, Joseph Genova, a hearing-impaired ex-prisoner, signed a Settlement Agreement and Release of All Claims, accepting $10,000 from the State of California, $68,000 from Walden House, Inc., and $22,000 from Behavioral Systems Southwest, Inc. (BSS) in exchange …
Seventh Circuit: Catholic Prisoner’s Religious Diet Lawsuit Remanded by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals held a Catholic prisoner’s free exercise of religion was substantially burdened because he was denied a non-meat diet on Fridays and during Lent. In 2003, Illinois state prisoner Brian …
Alternative Prisoner Phone Service Company Files Unsuccessful Suit by David Reutter by David M. Reutter A company that offers a lower-cost alternative to the monopolistic practices of the nation’s largest prison and jail telephone service providers filed a federal lawsuit alleging violation of the Federal Communications Act. The suit was …
Article • March 15, 2010 • from PLN March, 2010
Certificate of Merit in Medical Malpractice Suits Unconstitutional in Washington State by Jimmy Franks In 2007, Kimme Putman, a Washington state resident, filed suit against the Wenatchee Valley Medical Center and a number of its employees. Putnam’s lawsuit alleged negligence by medical personnel when they failed to properly diagnose her …
$2.1 Million Award in Excessive Force Death of California Prisoner by In April, 2009, a federal jury awarded $2.1 million in a lawsuit filed against guards at California’s Richard J. Donovan Correctional Facility for their negligence and excessive use of force that caused a prisoner’s death. The prisoner, John Fitzgerald …
South Dakota: Prisoner May Enforce Third-Party Kosher Meal Obligation by The South Dakota Supreme Court has ruled that a state prisoner can bring a third-party beneficiary claim to enforce a settlement agreement between the South Dakota Department of Corrections (DOC) and another prisoner. Charles E. Sisney, a DOC prisoner, filed …
Texas Supreme Court Rules in Favor of Ex-Prisoner’s Religious Halfway House by Matthew Clarke by Matt Clarke On June 19, 2009, the Texas Supreme Court held that a city zoning ordinance which effectively banned a religious halfway house in the City of Sinton violated the Texas Religious Freedom Restoration Act …
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