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Brief • 2010
Filed under: Attorney Fee Awards
Chinn v. Blankenship, WA, Declaration of Lawrence A. Hildes in Support of Plaintiff's App., Reasonable Attorney's Fees, 2010 1 THE HONORABLE ROBERT J. BRYAN 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN WASHINGTON AT TACOMA 6 7 8 PHILIP CHINN, No. C09-5119-RJB 9 10 11 Plaintiff, v. BENJAMIN BLANKENSHIP, …
Publication • 2010
Baylor Law Review-Rouse Final-Battling for Atty's Fees-August 2010 ROUSE.FINAL 8/4/2010 10:26 AM BATTLING FOR ATTORNEYS‘ FEES: THE SUBTLE INFLUENCE OF ―CONSERVATISM‖ IN 42 U.S.C. § 1988 Layne Rouse* I. II. III. IV. V. INTRODUCTION .......................................................................973 THE BACKGROUND OF 42 U.S.C. § 1988 ................................975 A. The History and Analysis of § …
Virginia Jail Prisoner Awarded $7,500 after Being Beaten By Guards by On September 3, 2009, U.S. District Judge Richard L. Williams entered judgment in favor of a Virginia prisoner who was beaten by guards. In all, the prisoner was awarded $7,500. On September 20, 2005, there was a disturbance at …
CA Prisoner Erroneously Validated as Prison Gang Member; Clears His Name, Has Records Expunged, $1.04 Million in Fees Awarded by Michael Brodheim On September 30, 2009, more than 16 years after being incorrectly “validated” as an associate of a violent California prison gang, and after having spent eight years in …
Missouri Jail Prisoner Awarded $5,000 in Failure to Protect Case by On September 3, 2009, a federal jury returned a $5,000 verdict in favor of a prisoner who alleged that staff failed to protect him from attack. While incarcerated at the St. Louis City Justice Center, Harold Dykes was attacked …
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 …
Ohio Prisoner Awarded $40,000 for Sexual Assault by On August 19, 2009, an Ohio prisoner was awarded $40,000 after being sexually assaulted as a result of deliberate indifference to his safety. John Meyer, a prisoner at the Southeastern Correctional Institution (SCI), approached Sergeant Barbara McNicholas after being “roughed up” and …
Article • May 15, 2010
City of Monroe, Washington Ordered to Produce Requested Records by City of Monroe Ordered to Produce Requested Records On October 26, 2009, a Washington appellate court published its opinion affirming in part, reversing in part and remanding a complaint regarding that state's Public Disclosure Act (PDA). The original complaint was …
Chinn v. Blankenship, WA, Pltff Application for Attorney Fees, 2010 HONORABLE ROBERT J. BRYAN 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 NO. C09-5119-RJB 10 PHILIP CHINN, 11 12 Plaintiff, v. 13 14 15 16 17 18 19 20 …
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. …
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 …
Article • March 15, 2010 • from PLN March, 2010
Call Your Attorney from Jail, Go to Prison by John Dannenberg by John E. Dannenberg Jail prisoners in California, Florida, Michigan and Texas have unknowingly had their phone calls to defense attorneys secretly recorded and handed over to prosecutors. The recordings surfaced before trial, when prosecutors were required to divulge …
Tenth Circuit Reverses Dismissal of Failure to Protect Suit by Brandon Sample The U.S. Court of Appeals for the Tenth Circuit has reversed the dismissal of a lawsuit filed by a Colorado prisoner who requested but was denied protection from prison gang members. Scott L. Howard, a self-described “openly homosexual” …
Article • March 15, 2010 • from PLN March, 2010
Eighth Circuit Rejects Debt Offset of EAJA Fees; Supreme Court to Hear Case by Mark Wilson The Eighth Circuit Court of Appeals has held that attorney’s fees awarded under the Equal Access to Justice Act (EAJA) may not be withheld to pay debts owed to the federal government. South Dakota …
The Maricopa Courthouse WAR by Terry Carter Posted Apr 1, 2010 4:45 AM CDT On Dec. 21, in the afternoon sunshine that passes for winter in Phoenix, several hundred well-dressed protesters—most of them lawyers—gathered on the Maricopa County courthouse plaza. Summoned by an e-mail from a local lawyer, they brought …
In Support of Ending Prosecutorial Misconduct by Jimmy Franks The Justice Project recently published its policy review concerning prosecutorial accountability in our nation’s criminal justice system. Entitled, Improving Prosecutorial Accountability, the report was prepared by the president of The Justice Project, John F. Terzano, Esq., along with Executive Director Joyce …
Jury Awards $80,001 to New Hampshire Prisoner for Guard Beating by On September 18, 2009, a federal jury awarded a New Hampshire state prisoner $80,000 in punitive damages for a violation of his Eighth Amendment rights, plus $1 in nominal damages. While incarcerated at the New Hampshire State Prison for …
$2.1 Million Awarded in New York Unjust Conviction Claim by On March 16, 2009, a New York Court of Claims awarded $2,093,420 in damages to a man who was wrongfully convicted of sexually assaulting his 4-year-old child. He had spent more than two years in a maximum-security prison. During “an …
Three Years Later, CMS Still Fails to Meet Medical Standards in Delaware by David Reutter by David M. Reutter Despite federal oversight of its prison medical care, Delaware “continues to have a great deal more to achieve before it comes into substantial compliance with all provisions of the MOA” (Memorandum …
Army Prisoners Isolated, Denied Right to Legal Counsel by Dahr Jamail The military’s treatment of Army prisoners is “part of a broader pattern the military has of just throwing people in jail and not letting them talk to their attorneys, not let visitors come, and this is outrageous. In the …
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