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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 …
Federal Judge Holds Texas Parole Board Coleman Hearings Unconstitutional by Matthew Clarke by Matt Clarke On August 6, 2009, a federal judge ruled that hearings held by the Texas Board of Pardons and Paroles (BPP) to determine whether onerous sex offender conditions should be imposed on parolees not convicted of …
Brief • January 22, 2010
Filed under: Appointment of Counsel
Carter v Wilkinson, LA, Order, court ordered appt of counsel, 2010 Case 1:06-cv-02150-DDD-JDK Document 32 Filed 01/22/10 Page 1 of 2 Case 1:06-cv-02150-DDD-JDK Document 32 Filed 01/22/10 Page 2 of 2
Colorado Detainee Tasered During Seizure, Paid $116,731.73 and $83,268.27 in Fees by A Colorado detainee settled his medical neglect and excessive force suit within four months of filing for $116,731.73 in damages and $83,268.27 in attorney’s fees. On July 26, 2006, Michael R. Martin was booked into Colorado’s Adams County …
Article • January 15, 2010 • from PLN January, 2010
Second Circuit Establishes Anonymous Pleading Standards by by Mark Wilson In a case of first impression, the Second Circuit Court of Appeals established standards governing the use of pseudonyms in civil litigation. The Court endorsed the Ninth Circuit’s test of balancing a plaintiff’s interest in anonymity against the public’s interest …
Fifth Circuit Reinstates Texas Prisoner’s Failure-to-Protect Suit by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals reversed in part a district court’s dismissal of a prisoner’s failure-to-protect suit, though the case lost at trial after remand. Ernesto R. Hinojosa, Sr., a Texas state prisoner, was housed in …
Reversal of Summary Judgment to BOP Doctor Accused of Deliberate Indifference by Brandon Sample The U.S. Court of Appeals for the Seventh Circuit has reversed a grant of summary judgment to a Bureau of Prisons (BOP) doctor accused of denying a death row prisoner needed eye surgery. Arboleda Ortiz, a …
Article • January 15, 2010 • from PLN January, 2010
DHS Ordered to Respond to Petition Seeking National Stan-dards at Immigration Detention Facilities by Brandon Sample Immigration rights advocates won a short-lived victory in June 2009, when a U.S. District Court in New York ordered the Department of Homeland Security (DHS) to respond to a petition for rulemaking that requested …
Federal Court Awards $1.47 Million in Attorney Fees and Costs against Sheriff Arpaio by Last May, PLN reported that a U.S. District Court in Arizona had found that jails in Maricopa County, managed by Sheriff Joe Arpaio, continued to violate the civil rights of pretrial detainees. That ruling came in …
Article • January 15, 2010
Yankees Settle Suit Over Restrictions On Fans by The City of New York in conjunction with the New York Yankees baseball team has settled a lawsuit brought by a fan who alleged that the Yankees restricted him and other fans from moving around during the playing of “God Bless America.” …
Calls over Monitored Phone to Attorney not Protected by Sixth Amendment by U.S. Magistrate Judge Robert E. Larsen has recommended the denial of a motion to suppress audio recordings obtained by the United States from CCA that contained attorney-client communications. While awaiting trial on federal charges, Gary Eye allegedly conspired …
Article • January 15, 2010
CJA Reimbursements Unappealable, Tenth Circuit Decides by Attorneys appointed pursuant to the Criminal Justice Act (CJA) cannot appeal CJA compensation or reimbursements, the U.S. Court of Appeals for the Tenth Circuit decided February 24, 2009. William Lunn was appointed to represent Sheila French at a resentencing proceeding. Lunn submitted a …
Ninth Circuit Rejects Retroactive Award of Attorney’s Fees under Open Government Act by On July 8, 2009, the U.S. Court of Appeals for the Ninth Circuit affirmed in part and reversed in part an award of attorney’s fees in a Freedom of Information Act (FOIA) and Administrative Procedure Act (APA) …
Rodriguez v. City of Houston, TX, Atty Fee Order, Wrongful Rape Conviction, 2009 Case 4:06-cv-02650 Document 384 Filed in TXSD on 12/22/09 Page 1 of 7 Case 4:06-cv-02650 Document 384 Filed in TXSD on 12/22/09 Page 2 of 7 Case 4:06-cv-02650 Document 384 Filed in TXSD on 12/22/09 Page 3 …
Federal Court Holds Enemy Combatant Detainee May Sue Government Officials by On June 12, 2009, a federal district court in California ruled that a U.S. citizen detained in the U.S. as an enemy combatant could sue a high-ranking federal official who promulgated legal opinions on policies that led to the …
Article • December 15, 2009
Fees and Costs Awarded Against Washington State DOC in Public Records Appeal by On July 25, 2005, a Washington State Court of Appeals awarded a citizen additional fees and costs incurred in a Public Records Act (PRA) suit. John R. Berg requested disclosure from the Washington State Department of Corrections …
$250,000 Default Judgment in Federal Court Legal Malpractice Case by On July 22, 2008, a New York federal court entered judgment and an award of $250,000 to the estate and survivors of a man who had allegedly been abused during 25 days of drug rehab. The award was against a …
Article • December 15, 2009
Arizona Jury Awards $125,000 to Family of Sudanese Killed By DPS Officer by In March 2009, an Arizona jury awarded $125,000 to the family of a former "lost boy" from Sudan who was brought to the United States as a teenage refugee and shot to death by a Department of …
Article • December 15, 2009
Attorney-Prepared Report to Ohio Government Entity Exempt from Disclosure by On April 21, 2009, the Supreme Court of Ohio held that a report prepared for a public entity by its long-time outside counsel was exempt from disclosure under the Ohio Public Records Act, R.C. 149.43. In July 2008, the mayor …
TDCJ Pays $95,000 to Settle Discrimination Suit by On October 28, 2008, the Texas Department of Criminal Justice (TDCJ) agreed to pay former employee, Karon K. Connelly, $41,524.38 to settle a discrimination suit she had filed in May 2003. In addition to that amount, TDCJ is to pay $38,000 in …
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