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Article • May 15, 2007
Kentucky Jail Officials Held in Contempt for Overcrowding by Kentucky Jail Officials Held in Contempt For Overcrowding A federal district court in Kentucky ordered Jefferson County, Kentucky, jail officials held in contempt for violating a consent decree that prohibited overcrowding in the county jail. The court held that while the …
Contempt for Disciplinary Hearing Injunction Violations Upheld by Contempt for Disciplinary Hearing Injunction violations Upheld The court of appeals for the Second circuit affirmed contempt sanctions imposed against New York state prison officials for violating an injunction in disciplinary hearings lawsuit. In this class action suit New York prisoners obtained …
Article • May 15, 2007
Puerto Rican Prison Officials in Contempt of Overcrowding Order by A federal district court in Puerto Rico held that the governor of Puerto Rico and island prison officials were in contempt of court for violating an injunction requiring that prisoners be given first 35 square feet, then 50 ft. then …
Article • May 15, 2007
County Liable for Attorney Fees in Jail Contempt Sanction by The court of appeals for the Fourth circuit affirmed a district court ruling filing officials of the Dorchester county jail in Maryland in contempt over jail conditions and liable for plaintiffs' attorney fees. Jail prisoners filed suit over jail conditions …
No Immediate Appeals for Injunction Clarifications by by Matthew T. Clarke This appeal involves the latest round in a Byzantine conditions-of-confinement class-action civil rights suit by Puerto Rico prisoners which has been pending since 1979. At issue was the transition of the prisoner health care system from the jurisdiction of …
Contempt Order Extends Life of Georgia Jail Settlement Agreement by Georgia's Third Division Court of Appeals has held that the failure to purge a contempt finding was sufficient to extend the duration of a settlement agreement. The Georgia trial court found that Dekalb County and various county officials had failed …
Dismissal for Failure of Service Reversed; District Court Abused Discretion by The U.S. Sixth Circuit Court of Appeals reversed and remanded a federal district court's dismissal of a Michigan prisoner's 42 U.S.C. § 1983 suit for failure of timely service, holding that the state, not the prisoner, was responsible for …
Article • May 15, 2007
Defendants Held in Contempt in Trademark Suit by The defendants are held in contempt in a trademark infringement and dilution case. The defendants are not excused on the ground of impossibility of compliance. At 377: "That reasonably, if not easily, avoidable violations occurred ten days after the Order's entry indicates …
Federal Judge Enforces "Valdivia Remedial Plan" for California Parole Violators by Federal Judge Enforces "Valdivia Remedial Plan" for California Parole Violators On June 8, 2005, the United States District Court enforced its order in Valdivia v. Davis, 206 F.Supp.2d 1068 (E.D. Cal. 2002) [PLN, Jan.2003, p.16] and its March 9, …
Washington DOC Settles Contempt Action For $500,000; Money To Fund Patient Advocate by Michael Rigby The Washington Department of Corrections has agreed to pay $500,000 to settle a contempt action stemming from alleged violations of a consent decree governing medical care at the Washington Corrections Center for Women (WCCW). Pending …
Brief • February 17, 2005
Leatherwood et al v. Campbell et al, AL, Mot to hold Def in Contempt, failure to treat accommodate HIV, 2005 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION ) ) ) ) ANTONIO LEATHERWOOD, ERIC HOWARD, JERRY SANFORD, JOHN LEVINS, MICHAEL PATRICK, and, individually …
Article • November 15, 2003 • from PLN November, 2003
Confinement for Nonpayment Without Willfulness Violates Due Process by Confinement for Nonpayment Without Willfulness Violates Due Process, Washington Courts Have 10 Years to Collect Fines The Supreme Court of the State of Washington, sitting en banc, held that defendants cannot be jailed for failure to pay fines, in the absence …
Article • October 15, 2003 • from PLN October, 2003
Washington SCC Injunction and Contempt Order Upheld by On February 26, 2003, U.S. District Judge Barbara Rothstein upheld an injunction and contempt order issued against the superintendent and clinical director of the Special Commitment Center ("SCC") at McNeil Island, Washington. The SCC houses former prisoners civilly committed as "sexually violent …
South Carolina Found in Contempt for Non-Treatment of Mentally Ill Prisoners by South Carolina Found in Contempt for Non-Treatment of Mentally Ill Prisoners by Lonnie Burton The South Carolina Department of Mental Health (DMH) and its director were held in contempt of court on September 5, 2002, for ignoring repeated …
Wichita Kansas Pays $6.2 Million to Settle Detainees' Lawsuit by Wichita Kansas Pays $6.2 Million to Settle Detainees' Lawsuit On May 7, 2002, Wichita's City Council approved $6.2 million to be awarded to the 7,000 citizens who had their 14th Amendment rights violated. The suit filed by what the city …
Washington Women's Medical Care Consent Decree Ended by The Ninth Circuit Court of Appeals upheld a district court's refusal to extend the terms of a consent decree under the Prison Litigation Reform Act (PLRA). The court also held that the district court improperly declined to consider plaintiffs' motion for contempt. …
Wisconsin DOC in Contempt for Not Collecting PLRA Fees by Wisconsin DOC in Contempt For Not Collecting PLRA Fees The US District Court (E.D. Wis.) issued an Order to Show Cause to Wisconsin DOC Secretary Jon E. Litscher as to why he should not be held in contempt for declaring …
Puerto Rico Prison Officials Fined $10 Million by A federal court in Puerto Rico held prison officials in contempt for failing to comply with court orders governing prison conditions and imposed a contempt sanction of $10 million. More than 20 years ago the court first dealt with prison overcrowding in …
Philadelphia City Prison Fined $1 Million by The Commonwealth Court, Pennsylvania's intermediate appellate court, upheld a trial court order for the City of Philadelphia to pay more than $1 million in fines for failure to provide prisoners with sufficient clothing, laundry access, services, social workers, and vocational training. In 1971, …
Court May Reduce Post-Judgement Attorney's Fees Rate and Billable Hours by The Ninth Circuit has held that the district court may reduce the rate of pay and number of billable hours for postjudgment work by prevailing civil rights attorneys in prisoner cases when the postjudgment work is less complex and …
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