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Marin County Agrees to Pay $300,000 to Prisoner Severely Injured After Being Denied Psych Meds by On September 13, 2006, the County of Marin, California agreed to settle a lawsuit brought by a former Marin County prisoner who severely injured himself after being denied psychiatric medications. Jacob Neitzel had a …
Article • July 15, 2009
No Attorney’s Fees for Prevailing Defendants, Eighth Circuit Holds by On May 2, 2008, the U.S. Court of Appeals for the Eighth Circuit reversed on award of attorney’s fees for a defendant in a civil rights action. After Charles Williams lost his civil rights action against the City of Carl …
No Fourth Amendment Violation for Monitoring Attorney-Client Conversations by When a prisoner consents to the monitoring of calls over a jailhouse telephone, no Fourth Amendment violation exists if the government records calls made to an attorney, the U.S. Court of Appeals for the First Circuit decided June 30, 2008. Scott …
Article • July 15, 2009
Only Prosecutor from County Where Sex Offender was Convicted May Seek Civil Commitment by Only prosecuting attorneys in the county where a defendant was convicted of a sexually violent crime may petition to have an offender civilly committed, the Supreme Court of the State of Washington held May 1, 2008. …
Jury Awards Guard $150,000 for Retaliation; Court Awards an Additional $800,000 by A Nassau County federal jury has awarded a county jail guard $150,000 for discrimination and retaliation that occurred as a result of a prior sexual harassment suit. Patricia Luca, a guard for 12 years, sued Nassau County, its …
Marsden Hearing Required When Defendant Puts Forward Plausible Ineffective Assistance of Counsel Claim by On April 11, 2008, the Court of Appeal of the State of California, Fifth District, remanded a criminal case for a hearing to determine whether an attorney was ineffective for failing to call two witnesses in …
Brief • July 15, 2009
Ashman v. Marshall, MA, Brief Attorney Fee, Successful Conditions of Confinement Suit, 2010 Issue Presented Did the superior court abuse its discretion by awarding attorney fees to Plaintiff-Appellee Doherty after the jury found that the DefendantAppellants had caused him and ten other prisoners to live under conditions of extreme squalor …
Settlements You Can't Sign: Ethical Implications of Chicago's Machinery of Denial by Craig Futterman By Craig B. Futterman, Jason E. Huber, and Pier Petersen1 Introduction On February 28, 2006, Carlos Salazar,2 a Latino construction worker in his early 40s, had just picked up his mother from a health clinic on …
$200,000 Settlement in Sexual Harassment by Washington State’s King County paid $200,000 to settle the sexual harassment and hostile work environment claim of Jacqueline Galvan, who made claims relating to her employment at the Department of Adult and Juvenile Detention. The lengthy complaint in civil court details events from July …
Connecticut Settles Suit Over Conditions at Somers Facility; $190,000 in Fees and Costs Paid by In 1996, the parties in a class action suit over the conditions at the Connecticut Correctional Institution in Somers entered into a settlement agreement. The settlement came after significant improvements were made at Somers over …
Jury Award Exceeds $1.5 Million in New York Malicious Prosecution Case by On June 24, 2008, a New York federal jury found two New York City police officers liable in a Section 1983 malicious prosecution suit brought by security guard & part-time state police officer Anthony Manganiello. Manganiello's initial suit …
Article • June 15, 2009 • from PLN June, 2009
Cost of Defending Federal Death Penalty Cases on the Rise by Brandon Sample The cost of defending federal death penalty cases has increased sharply since 1998, according to a preliminary report by the Judicial Conference Committee on Defender Services. Congress first revived the federal death penalty in 1988, authorizing capital …
Article • June 15, 2009 • from PLN June, 2009
Jury Nullification: Power To The People by Paul Butler Jury nullification is power to the people. It’s a constitutional doctrine that allows juries to acquit defendants who are technically guilty, but who don’t deserve punishment. Does this sound like anyone you know? As a former prosecutor, I think it sounds …
Michigan Jail Officials Lied and Hid Documents in Lawsuit Over Prisoner’s Death by David Reutter Michigan Jail Officials Lied and Hid Documents in Lawsuit Over Prisoner’s Death by David M. Reutter On the eve of trial, a Michigan U.S. District Court adjourned a civil rights suit to reopen fact finding …
Article • June 15, 2009 • from PLN June, 2009
Prisoner’s Free Speech Rights Violated by Legal Mail Opened Outside His Presence; Qualified Immunity Denied by David Reutter Prisoner’s Free Speech Rights Violated by Legal Mail Opened Outside His Presence; Qualified Immunity Denied by David M. Reutter The Eleventh Circuit Court of Appeals held that prison officials who open legal …
Article • June 15, 2009 • from PLN June, 2009
Amnesty International Sources Given Journalistic Protection by Amnesty International Sources Given Journalistic Protection A New York federal judge held that sources used by Amnesty International (Amnesty) in drafting a report on conditions of confinement at the Metropolitan Detention Center (MDC) in Brooklyn, New York were entitled to the same protection …
California DA Says Incarceration Rate a Measure of His Success – Despite Wrongful Convictions, Prosecutorial Misconduct by Gary Hunter California DA Says Incarceration Rate a Measure of His Success – Despite Wrongful Convictions, Prosecutorial Misconduct by Gary Hunter Ed Jagels, District Attorney for Kern County, California, is concerned that his …
Article • May 15, 2009
First Circuit Holds $177,729.96 Award for Attorney Fees and Expenses Not Excessive by On April 24, 2008, five Massachusetts jail guards were awarded more than $17,000 in compensatory damages and over $175,000 in attorney's fees and expenses to be paid by Bristol County, Massa¬chusetts Sheriff Thomas Hodgson. Hodgson had accused …
"Institutionalization" Fails as Criminal Defense at Trial and on Appeal by On May 14, 2008, a California court of appeals upheld the conviction of a man who said he committed an inept bank robbery because he wanted to return to prison. Horace Bordelon, a California state prisoner, spent seven years …
Criminal Defense Attorney Helps “Sting” His Own Clients by Jimmy Franks On January 23, 2009, Chevaliee Robinson was sentenced to 15 years by a U.S. District Court in Ohio after pleading guilty to drug conspiracy and money laundering charges. Robinson’s arrest was one of 30 made by federal agents in …
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