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Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld by Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld On March 19, 2012, the Eighth Circuit Court of Appeals held that 42 U.S.C. § 1997e(e) bars compensatory damages …
Article • March 15, 2013
New Hampshire Supreme Court Reverses Guard’s $2 Million Verdict by The New Hampshire Supreme Court overturned a $2 million award to two prison guards who were fired based on false reports, holding the award exceeds the state law cap. The facts giving rise to the lawsuit came from the April …
Article • March 15, 2013
Eighth Circuit Affirms Post-Verdict Nominal Damages Request by The Eighth Circuit Court of Appeals affirmed a lower court's denial of a post-verdict request to instruct the jury to award nominal damages and a motion to alter or amend the judgment to include nominal damages. Clayton Miller was seen visibly intoxicated, …
Article • February 15, 2013 • from PLN February, 2013
TASER Liability Verdict Upheld, but Remittitur Granted by A North Carolina U.S. District Court has held, in ruling on a post-trial motion, that a jury’s liability verdict against TASER International related to the death of a juvenile shocked by one of the company’s TASER devices was reasonable, but granted remittitur …
Illinois: Current Insurer Must Pay Wrongful Conviction Award after Exoneration by The Seventh Circuit Court of Appeals has affirmed a federal district court’s determination “that, under Illinois law, the issuer of the policy in force on the date a convict is exonerated must defend and indemnify an insured whose law-enforcement …
Texas Supreme Court Rules Compensation Required in Schlup-type Innocence Cases by Matthew Clarke by Matt Clarke On May 18, 2012, the Supreme Court of Texas held that a former prisoner whose murder conviction was reversed due to ineffective assistance of counsel after he proved that he was likely actually innocent …
Brief • February 11, 2013
Madrid v. City of Albuquerque, NM, Settlement, Officer Ran a Red Light, 2013 ...... STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT MARTIN A. MADRID and JENNIFER MADRID, Individually and as parents and next friends of ARIANNA MADRID and ISAAC MADRID, minors, Plaintiff, v. Cause No.: D-202-CV-2012-04073 CITY …
Brief • February 8, 2013
Moreno v. City of Concord, CA, Settlement, Unlawful Arrest, 2013 SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release (" Agreement 11 ) is made by and between LUIS MORENO ("PLAINTIFF") and the CITY OF CONCORD, POLICE CHIEF GUY SWANGER, OFFICER BLAKELY and OFFICER LIGOURI ("DEFENDANTS") (collectively the …
Brief • November 1, 2012
Tafoya v. City of Albuquerque, NM, Complaint, Reckless Driving, 2012 FILED IN MY OFFICE DISTRICT COURT CLERK 11/1/2012 12:45:27 PM GREGORY T. IRELAND SECOND JUDICIAL DISTRICT COURT COUNTY OF BERNALILLO STATE OF NEW MEXICO Catherine Chavez LARRY TAFOYA, VANESSA TAFOYA, ELENA TAFOYA, DENISE TAFOYA, and MARIA TAFOYA, Plaintiffs, CV: D-202-CV-2012-10141 …
Article • October 15, 2012 • from PLN October, 2012
Washington State Post-Judgment Interest Award Required when Judgment Increased by Appellate Court in Records Case by The Division One Court of Appeals for the State of Washington held on August 15, 2011 that where an appellate court “merely modifies the trial court award and the only action necessary in the …
Texas Compensates Exonerees Unequally by Matthew Clarke by Matt Clarke A succession of laws, cumulating in the most generous compensation package for wrongly convicted prisoners in the nation, has left Texas exonerees stuck at different levels of compensation depending on when they were proven innocent. Consequently, some earlier exonerees now …
Article • September 15, 2012 • from PLN September, 2012
Proving Damages to the Jury, 1st Ed., by Jim Wren by John Dannenberg James Publishing, 2011). 800 pages (with CD), $70.00 Book review by John E. Dannenberg Proving Damages to the Jury is a detailed “how-to” manual that takes the reader through the psychology, reasoning, preparation and execution of a …
Article • July 15, 2012
Filed under: Civil Procedure, Damages
Ninth Circuit Rejects AOL Class Action Settlement Based on Objections by Class Member by In November 2011, the Ninth Circuit rejected a nationwide class action settlement freely negotiated between the parties to the suit, on the basis of objections to the settlement raised by one of the class members. In …
Brief • July 9, 2012
Olave v. City of Albuquerque, NM, Complaint, Reckless Driving, 2012 D-202-CV-'2012-06292 . STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT COURT STEPHANIE CLAVE FILED IN MY OFFICE DISTRICT COURT CLERK 7/9/2012 12:01 :27 PM GREGORY T. IRELANC No. _ _ _ _ _ _ _ _ _ __ …
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 …
Pennsylvania Prisoner’s $185,000 Jury Award Reduced to $75,005 by Matthew Clarke by Matt Clarke On June 7, 2011, a Pennsylvania federal judge issued an order reducing a prisoner’s jury award for destruction of legal materials to $75,005. The award had previously been reduced from $185,000 to $115,000. Andre Jacobs, a …
Juror Misconduct Nullifies $6.5 Million California Malpractice Verdict by The California Court of Appeals upheld the reversal of a $6.5 million wrongful conviction legal malpractice damage award due to juror misconduct. During an October 11, 1996 search of a rundown apartment building, Los Angeles Police Department (LAPD) officers Rafael Perez …
California: District Court Awards Attorneys' Fees in Excess of $700,000 Despite Jury Award of Only Nominal Damages to Plaintiff in § 1983 Wrongful Death Suit by California: District Court Awards Attorneys' Fees in Excess of $700,000 Despite Jury Award of Only Nominal Damages to Plaintiff in § 1983 Wrongful Death …
Porter v. Thurman, WA, Complaint, Excessive Force - Beating, Tasers, 2012 1 2 3 ROBERTS. MAGNUSON, WSBA #19706 505 W. RIVERSIDE, STE. 508 Spokane, WA 99201 (509) 252-so36 Attorney for Plaintiff ~~ V. ~e.c~~i\lE.0 t.lr.." lilt\\ 4 ti t\\\t :':~LA:.::c~~.m, ~~ . . .GTON UNITED STATES DIS~~c°~URT FOR THE EASTERN …
Brief • April 26, 2012
Madrid v. City of Albuquerque, NM, Complaint, Officer Ran a Red Light, 2012 •, r FILED IN MY OFFICE DISTRICT COURT CLERi< 4/26/2012 3:52:11 p~ STATE OF NEW MEXICO COUNTY OF BERNALIUO SECOND JUDICIAL DISTRICT COURT GREGORY T. IRELANC Christina Villa MARTIN A. MADRID and JENNIFER MADRID, Individually and as …
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