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Article • November 15, 2008 • from PLN November, 2008
U.S. Pardon Attorney Replaced After Investigation Reveals Racial Comments, Retaliation and Mismanagement by Brandon Sample U.S. Pardon Attorney Replaced After Investigation Reveals Racial Comments, Retaliation and Mismanagement by Brandon Sample The federal attorney responsible for recommending presidential pardons and commutations has been replaced following an investigation by the Office of …
Crack Cocaine Offenders Denied Representation for Sentence Reductions by Brandon Sample Crack Cocaine Offenders Denied Representation for Sentence Reductions by Brandon Sample In the wake of the U.S. Sentencing Commission’s decision to reduce penalties for federal crack cocaine offenses, and to make those changes retroactive effective March 3, 2008, crack …
Fondled Hawaiian Transexual Prisoner Awarded $817,500 in Damages and Attorney Fees by Matthew Clarke Fondled Hawaiian Transexual Prisoner Awarded $817,500 in Damages and Attorney Fees by Matt Clarke On March 18, 2008, Hawaiian First Circuit Court Judge Sabrina S. McKenna awarded a pre-operative transgendered prisoner who had been sexually abused …
Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter Racist jokes, sexually explicit photos, love notes to his mistress and evidence of improper political campaigning were found in the e-mail account …
Article • October 15, 2008 • from PLN October, 2008
Ten Michigan Lawyers Honored For 8-Year Effort To Win $30 Million Damages For 10 Women Prisoners’ Sexual Abuse By Prison Guards by John Dannenberg by John E. Dannenberg Ten Michigan attorneys were awarded two different awards by two national attorney professional associations. The attorneys received the National Lawyers Guilds’ coveted …
Article • October 15, 2008 • from PLN October, 2008
Michigan Federal Court Issues Injunctive Relief for Lifer Parole Hearings by John Dannenberg Michigan Federal Court Issues Injunctive Relief for Lifer Parole Hearings by John E. Dannenberg The U.S. District Court for the Eastern District of Michigan issued a declaratory judgment and remedial injunctive order granting new hearings to non-drug …
Florida DOC Ends Unofficial Transfer-for-Sale Policy by David Reutter by David M. Reutter It has long been an established fact among Florida prisoners that if you wanted a transfer to a certain prison, you could pay well-connected lawyers to make that transfer happen. After Florida then Department of Corrections (FDOC) …
PLN Wins Kansas Censorship Suit by Michael Rigby by Michael Rigby On October 1, 2007, in a lawsuit filed by Prison Legal News (PLN), the U.S. District Court for the District of Kansas held that a Kansas prison policy limiting the amount of money prisoners can spend on publications, a …
Former Immigration Detainee Awarded $100,001 Against CSC/Esmor, Plus $137,808 in Attorney’s Fees and Expenses by A federal jury has awarded a former detainee $100,001 against a private company that operated a New Jersey detention center for the U.S. government. The jury found for the plaintiff on her negligent supervision and …
Fifth Circuit: Texas Prisoners Cannot be Disciplined for Trust Fund Deposits Initiated by Others by Matthew Clarke by Matthew T. Clarke The Fifth Circuit Court of Appeals held that prison officials must introduce evidence that a prisoner participated in a monetary transfer before they can discipline him for trafficking and …
Article • August 15, 2008
Alabama Lawyer Wins $10,000 in Defamation Suit Against Prisoner Rights Radio Host by Roberta Franklin is a radio talk show host and ardent prisoners rights activist in Alabama. In the summer of 2002, while defense attorney, Susan James, was being investigated for misconduct, Franklin said James was stealing clients' money. …
Article • August 15, 2008
Class Representative’s Settlement Requires Court Scrutiny by At 298-99: Because of the representative nature of class suits and the numerous and sometimes divergent interests that are at stake, the court is charged with protecting the class members who, through their absence, are unable to protect themselves.... In order to carry …
Article • August 15, 2008
Attorney Fees Denied in NY Police Beating Suit, De Minimis Victory by A jury awarded $540 against each of two defendants in a police beating case. After 118 days (104 days longer than the Federal Rules permit), plaintiff moved for attorneys' fees. The court rejects the claim of excusable neglect. …
Article • August 15, 2008
Post Monitoring Fees Allowed in Institutional Reform Suits by At 1344: "In complex institutional litigation that often entails extensive remedial efforts over a long period of time, it is generally accepted that prevailing plaintiffs are entitled to post-judgment fee-and-expense awards for legal services necessary for securing compliance with, and reasonable …
Article • August 15, 2008
Fee Award Against Frivolous Prisoner Litigant Reduced by The court had awarded fees of almost $2900 against the plaintiff after ruling against him on the merits of his claims. The Fourth Circuit reversed and held that the 12 factors listed in Johnson v. Georgia Highway Express must be applied. The …
Article • August 15, 2008
Federal Prisoner’s 28 U.S.C. § 2255 Action for Ineffective Assistance of Counsel Denied by Michael J. Scott, a federal prisoner, was serving time for drug convictions arising in 1998. He encouraged a third person to cooperate with the government in another case and filed a motion for a sentence reduction …
Article • August 15, 2008
Catalyst Theory Doesn’t Apply to EAJA by Mirta Morillo-Cedron and other immigrants (plaintiffs) applied for U.S. citizenship, but the District Director for the U.S. Citizenship and Immigration Services (Director) didn’t act on their applications. The plaintiffs sued to compel action in federal district court. Before the court ruled, the Director …
Article • August 15, 2008
Delaware Attorney General Has No Duty to Initiate Enforcement Proceedings of State Public Record Law by Delaware prisoner Ronald sought mandamus relief to compel the Attorney General to initiate enforcement proceedings under the state’s Freedom of Information Act. The Superior Court denied the petition. The Delaware Supreme Court affirmed, holding …
Eighth Circuit: Administrator of Prisoner's Estate May Not Sue Pro Se by On March 29, 2005, the Eighth Circuit Court of Appeals held that the administrator of the estate of a prisoner who died of cancer while incarcerated in the Arkansas Department of Corrections may not file a suit for …
TDCJ Denied Qualified Immunity in Employee's Unconstitutional Termination Suit by John F. Fant, a former Legal Services Director for a division of the Texas Department of Criminal Justice (TDCJ), appealed a 2003 U.S. District Court decision denying his motion for dismissal of a lawsuit based on qualified immunity grounds. The …
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