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Fifth Circuit Upholds $14 Million Award Against Louisiana DA’s Office in Wrongful Conviction Suit; Affirmed by En Banc Ruling by Matthew Clarke by Matt Clarke On December 19, 2008, the Fifth Circuit Court of Appeals upheld a federal jury award of $14 million in a case involving the wrongful conviction …
Article • September 15, 2009 • from PLN September, 2009
Third Circuit Upholds Pennsylvania DOC Policy Requiring Control Number for Legal Mail by David Reutter by David M. Reutter Finding that no legitimate penological interest existed to support a Pennsylvania Department of Corrections (PDOC) policy that requires a PDOC-issued control number on correspondence for it to qualify as legal mail, …
Indigent Texas Prisoners May No Longer be Required to Repay Cost of Court-Appointed Counsel by by Bill Habern On March 11, 2009, the Texas Court of Appeals in Amarillo issued an opinion in a case involving Gilbert Alexander Perez, an indigent defendant. Perez raised two issues on appeal. First was …
Article • September 15, 2009
Behind Coleman v. Schwarzenegger - Profile of Prison Law Office attorney Donald Specter by Michael Hamden Behind Coleman v. Schwarzenegger September 30, 2009 Corrections Policy Examiner Michael Hamden (www.HamdenConsulting.com) Donald Specter: attorney in the public interest As many know, California’s prison system is grossly overcrowded and there have been repeated …
Article • September 15, 2009
District Court Must Explain Reduction in Requested Attorney Fees by In reversing a California federal district court’s order that reduced an attorney’s request for fees by 40 percent, the Ninth Circuit Court of Appeals held that “if a district court is going to make substantial cuts to a winning lawyer’s …
Article • September 15, 2009
$20,000 Settlement to Attorney Attacked/Arrested by Guard in Courtroom by Washington State’s King County has paid $20,000 to settle the claim of attorney Nicholas George, who was attacked and arrested on August 22, 2002 by jail guards Floyd Drane and Bruce Lockhart. Despite not asking any other attorneys and knowing …
Minnesota Court Awards $146,546.19 for Failing to Provide Deaf Interpreter by On February 17, 2005 a Minnesota state court awarded a prisoner $7,500 in damages and fined the Minnesota Department of Corrections (DOC) $1,000 for failing to provide an American Sign Language (ASL) interpreter for a prisoner in the Sex …
Article • September 15, 2009
Punitive Damages Alone Entitles Plaintiff to Attorney Fees under § 1988; Kerr-Selgas Doctrine Does not Apply to § 1983 Actions by Punitive Damages Alone Entitles Plaintiff to Attorney Fees under § 1988; Kerr-Selgas Doctrine Does not Apply to § 1983 Actions On January 30, 2009, the First Circuit remanded the …
$1,423,127 in Attorney Fees Awarded in Taser Suit; Damages Reduced by A California federal district court has awarded $1,423,127 in attorney fees in the first lawsuit to result in a verdict against TASER International for failing to warn purchasers its electronic control devices pose a risk of acidosis, to a …
Article • August 15, 2009 • from PLN August, 2009
AZ Sheriff Joe Arpaio Loses Three Public Records Cases by by Matt Clarke The Maricopa County Sheriff’s Office (MCSO) and Sheriff Joe Arpaio have lost three public records cases in the Arizona Court of Appeals, including one where they were ordered to pay over $25,000 in attorney fees. The first …
Missouri Public Defenders Not Immune from Client Suits by In a case of first impression, the Missouri Court of Appeals held that state public defenders are not entitled to official immunity for acts committed during their representation of indigent criminal defendants. Missouri public defender Arthur Allen represented Bernardo Costa, an …
Article • August 15, 2009 • from PLN August, 2009
Filed under: Attorneys, Attorney Client
A Bridge Between The Ivy League And The Jailhouse: An Interview with Brett Dignam, Clinical Professor of Law and Supervising Attorney at Yale Law School by Todd Matthews Thirty years ago, Brett Dignam would not have believed she would spend her career as an attorney advocating for prisoners’ rights. Dignam’s …
Fabian et al v. Dunn et al, TX, Order, juvenile immigrant detainees guard brutality denial of counsel, 2009 Fabian et al v. Dunn et al Doc. 189 In the United States District Court for the Western District of Texas Emerson Gaitan Fabian v. Maureen Dunn, et. al. § § § …
Strip-Searched Iowa Bush Protesters Awarded Damages at Trial, Re-Trial by Matthew Clarke by Matt Clarke On June 4, 2008, a federal jury in Iowa awarded $750,000 to two political protesters who were arrested at the direction of the Secret Service, taken to jail and unlawfully strip-searched. After the court ordered …
Article • July 15, 2009 • from PLN July, 2009
Santa Cruz County, Arizona Pays $3 Million in Strip Search Suit by Jimmy Franks On November 25, 2008, following two days of negotiation mediated by retired Pima County, Arizona Superior Court Judge, Honorable Lawrence Fleishman, the parties involved in a Class Action complaint regarding unconstitutional strip searches reached a satisfactory …
Article • July 15, 2009 • from PLN July, 2009
$3.3 Million Settlement Fund Established in New Mexico Jail Strip Search Settlement by A $3.3 million settlement fund has been established in a class action lawsuit alleging an unconstitutional blanket strip search at the Valencia County Detention Center (VCDC) in New Mexico violated the rights of the class. VCDC was …
California Jury Awards Deaf Prisoner $5,000 for Failure to Provide Interpreter; $193,582 in Fees Awarded by Court by A state court jury has awarded $5,000 to a deaf prisoner against the County of Los Angeles for failing to provide him with a sign language interpreter while he was in jail. …
Massachusetts Prisoner Awarded $550,307 in Attorney Fees and Costs in Unsanitary Conditions Case by On December 30, 2008, a Massachusetts state court awarded a former prisoner $547,566 in attorney fees and $2,741 in costs and litigation expenses in a civil rights action in which the plaintiffs were awarded only nominal …
State, Not County, Required to Pay Attorney Fees in Georgia Death Penalty Cases by On March 9, 2009, the Georgia Supreme Court affirmed a lower court’s order holding the Georgia Public Defender Standards Council (“Council”), in contempt for refusing to pay two defense lawyers in a death penalty case. The …
Article • July 15, 2009
Washington Woman Receives $79,000 Settlement in Unlawful Arrest, Excessive Force Case by On March 25, 2008, Melissa Scott accepted a $79,000 as settlement for her §1983 claims of unlawful arrest and excessive force against the City of Bremerton and Bremerton police officer William Cook. Plaintiff's attorneys, Andrew Williams and Steve …
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