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Article • August 15, 2013
California: Joint Pre-Trial Settlement Offer Valid in Wrongful Death Actions by In March, 2013, the California Court of Appeal affirmed the trial court’s award of expert witness fees to the prevailing party in a wrongful death suit. After Steven McDaniel was killed in a multiple vehicle accident, his wife and …
Article • August 15, 2013 • from PLN August, 2013
Canadian Prisoners Receive $3.5 Million in Settlements by Derek Gilna Thirty-four prisoners in the Canadian province of British Columbia have obtained a total of $3.5 million in settlements from the government between January 2008 and March 2012. The largest settlement, for a prisoner's traumatic brain injury resulting from an assault …
Brief • July 10, 2013
Elliot v. City of New York, NY, Order Awarding Interest on Settlement, False Arrest, 2013 Case 1:11-cv-07291-RWS Document 15 Filed 07/10/13 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - --------- ------ ----------- ------ ----X SOPHIA ELLIOT and I.E., Plaintiffs, 11 Civ. against- OPINION CITY …
Article • May 15, 2013
Associated Press Loses Bid to Unseal Settlement in Suit Against CCA by On December 14, 2011, an Idaho federal court ruled that it would not unseal the sealed settlement agreement between Corrections Corporation of America (CCA) and a prisoner who was allegedly assaulted in a private prison operated by CCA. …
Brief • April 1, 2013
Filed under: Settlements
Williams v Figueroa, OK, Settlement, Civil Rights, 2013 SETTLEMENT AGREEMENT AND RELEASE 1. This Settlement Agreement and Release is made and entered into this 29th day of April, 2013, by and between Michael Jerome Williams, Plaintiff, and Fred Figueroa, Richard Subia, and all Defendants, by their attorney Darrell L. Moore, …
Blakely v. Kershaw County Sheriff's Office, SC, Order Approving Settlement, Wrongful Death Due to Excessive Force by Police, 2013 Blakely v. Kershaw County Sheriff's Office et al Doc. 138 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Deloris Blakely, As Personal Representative of the …
Second Circuit Reverses Summary Judgment for Non-Treatment of Prisoner’s HCV by On March 9, 2012, the Second Circuit Court of Appeals reversed the dismissal of a New York prisoner’s claims related to denial of hepatitis C (HCV) treatment. The Second Circuit also determined that the district court had misinterpreted a …
PLN Settles Public Records Suit Against PHS in Vermont, Obtains Settlement Payout Information by Alex Friedmann On February 21, 2012, Prison Legal News settled a public records lawsuit filed in Vermont state court against Prison Health Services (PHS, now operating as Corizon Health, Inc.). As part of the settlement PHS …
Article • November 15, 2012 • from PLN November, 2012
$15,700 Plus Boombox to Settle California Prisoner’s Excessive Force Claim by The California Department of Corrections and Rehabilitation (CDCR) agreed to pay $15,700 plus a boombox to settle a prisoner’s excessive use of force claim. The lawsuit, filed by state prisoner Tracye B. Washington, stemmed from events that occurred at …
Article • October 15, 2012
Bad behavior in state workplace costs taxpayers nearly $2m in settlements by Naomi Schalit By: John Christie, Matt Drange and Naomi Schalit | December 19, 2012 One corrections officer spread a false rumor that the new female officer at the state prison in South Windham was a stripper. Another one …
Article • August 15, 2012 • from PLN August, 2012
Fourth Circuit: Where Offer of Judgment is Silent as to Costs, Prevailing Party Entitled to Recover Attorney’s Fees by The Fourth Circuit Court of Appeals has held that “in an action brought under 42 U.S.C. § 1983, an offer of judgment pursuant to Fed.R.Civ.P. 68(a) which makes no mention of …
PLN Public Records Suit Reveals Litigation Payouts for District of Columbia DOC by Alex Friedmann As the result of a Freedom of Information Act request and subsequent lawsuit filed by Prison Legal News, litigation payouts in cases involving the District of Columbia’s prison system have been publicly disclosed. In January …
Fifth Circuit Issues Landmark Ruling on Texas Prison System Correspondence Rules by Texas state prisoner Guadalupe Guajardo filed a federal civil rights action pursuant to 42 U.S.C. § 1983 challenging the restrictions on prisoners correspondence in Texas prisons. After partial settlement, the court ruled that, because only declaratory judgment was …
Article • April 15, 2012 • from PLN April, 2012
California: State Settles Prisoner’s Lawsuit for $10,000, then Delays Payment by In June 2010, Cion Adonis Peralta signed a Full Release of All Claims in a federal lawsuit he filed in 2005, alleging that officials at CSP-Lancaster had violated his rights under the Eighth and Fourteenth Amendments. In exchange for …
Article • March 15, 2012
Third Circuit Clarifies Federal Civil Procedure Rule 68 Concerning Attorney’s Fees by The Third Circuit Court of Appeals reversed a New Jersey federal district court’s ruling that a judgment/settlement included attorney’s fees under Rule 68 of the federal rules of civil procedure. The case arose when a photographer, working for …
Brief • February 27, 2012
Brown v. City of New York, Order on Interest on Settlement, False Arrest, 2012 Case 1:09-cv-01809-RJD-MDG Document 46 Filed 02/27/12 Page 1 of 1 PageID #: 212 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------)( PRINCE BROWN, ARTHUR DOWLING, DAVID PETERSON, HASSAAN RAMKISSON and ARMANDO SWABY, Plaintiffs, ORDER …
Article • February 15, 2012 • from PLN February, 2012
Settlement in New York City Jail Mental Health Services Case Still Alive by On June 28, 2011, the New York Court of Appeals held that a motion to extend the obligations of New York City officials to provide mental health services to jail prisoners was timely because it was filed …
Filing • January 13, 2012
Filed under: Settlements
Prison Legal News v. Berkeley Co Sheriff Dewitt, SC, Settlement Agreement, censorship, 2011 2:10-cv-02594-SB -BM Date Filed 01/13/12 Entry Number 202-1 Page 1 of 3 2:10-cv-02594-SB -BM Date Filed 01/13/12 Entry Number 202-1 Page 2 of 3 2:10-cv-02594-SB -BM Date Filed 01/13/12 Entry Number 202-1 Page 3 of 3
$72,000 in Attorney Fees and Costs Awarded in Montana FOIA Action by On May 14, 2008, U.S. District Court Judge Donald W. Molloy awarded $72,701.99 in attorneys’ fees and costs in an action under the Freedom of Information Act (FOIA). Wildlands CPR sued the U.S. Forest Service under FOIA for …
Article • November 15, 2011
Court's Sanctions for BOP's Refusal to Discuss Settlement Vacated by The Fifth Circuit Court of Appeals reversed a district court's sanctions against two Assistant U.S. Attorney's for not making good faith settlement discussions. The plaintiff/prisoner collided with an unpadded pole while pursuing a fly ball during a softball game at …
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