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Article • January 15, 2008 • from PLN January, 2008
Oklahoma Jail Dodges $700,000 in Fines by Gary Hunter On November 28, 2006, the Bryan County Jail in Oklahoma was fined $15,000 by a local judge for health inspection violations. Both the district attorney and jail officials were elated with the ruling. The reason they were happy was because the …
Article • January 15, 2008 • from PLN January, 2008
Alabama Corrections Commissioner’s Contempt Order Upheld by Alabama Corrections Commissioner's Contempt Order Upheld Alabama's Supreme Court has affirmed a Montgomery County Circuit Court's order holding Alabama Department of Corrections (ADOC) Commissioner Richard Allen in contempt, with the threat of jail time. The order stemmed from a lawsuit filed by counties …
Charging Prisoner for Injured Guard’s Medical Expenses Upheld by Charging Prisoner for Injured Guard's Medical Expenses Upheld The plaintiff complained that money was taken out of his account to pay medical expenses of an officer injured in a disturbance he was disciplined for, and that the procedures were deficient. However, …
Article • December 15, 2007
West Virginia Supreme Court Rules on Litigious Prisoners by John Dannenberg by John E. Dannenberg The West Virginia Supreme Court of Appeals reacted to what the Randolph County court perceived to be overly aggressive pro per habeas litigation by two state prisoners. At issue ultimately was the tension between the …
Article • September 15, 2007 • from PLN September, 2007
Direct Contempt of U.S. Court Must Be in Court’s Presence; Conviction Reversed by Direct Contempt of U.S. Court Must Be in Court's Presence; Conviction Reversed The Second Circuit U.S. Court of Appeals reversed the direct contempt conviction (18 U.S.C. 401(1)) of the wife of a civil suit plaintiff who had …
Article • June 15, 2007 • from PLN June, 2007
Filed under: Sanctions, Sentencing
Florida Court Without Jurisdiction to Impose Confinement Condition Sanctions at Sentencing by Florida?s Third District Court of Appeals has held that a trial court has no jurisdiction to impose sanctions that regulate the treatment of prisoners in conjunction with a criminal sanction. Henry Cuesta is a prisoner serving a life …
Article • May 15, 2007
Sanction Imposed on Illinois Jail Defendant's Counsel by An Illinois federal district court denied the defendants summary judgment in a detainee's civil rights action and imposed a $100 sanction against one of the defendants for filing a reply brief urging relief in his favor after he learned a material issue …
Article • May 15, 2007
Attorney Misconduct at Depositions by Defense counsel engaged in misconduct at depositions by improperly "interpreting" questions for the witnesses, coaching them as to how to answer, engaging in lengthy speaking objections and colloquies, conferred with his witnesses during questioning, and left the room with a deponent while questions were pending. …
Article • May 15, 2007
Sanctions Ordered Against Michigan Prison by For failing to comply with district court orders to implement vocational programs, the District Court, E.D. Michigan, S.D., ordered contempt sanctions against Michigan prison officials. See: Glover v. Johnson, 9 F.Supp. 799 (ED MI 1998).
Sanctions Upheld, New Trial Ordered Over Use of Plaintiffs Sexual History at Trial by Sanctions Upheld, New Trial Ordered Over Use of Plaintiffs Sexual History at Trial The Ninth Circuit Court of Appeals held a complaint filed by a female officer of the Maui Police Department with the Hawaiian Civil …
California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns by John E Dannenberg California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns by John E. Dannenberg Sacramento, California attorney Richard Hale Dangler, Jr. was assessed $46,750 by the California Court of Appeal and forced to resign …
CA Attorney General May be Sanctioned for Lying in Prison Case by A defense attorney in prison litigation who made reckless misstatements of law or fact could be sanctioned under the court's inherent powers when recklessness was combined with frivolousness, harassment, or improper purpose. Here, a conditional habeas judgment said …
Article • May 15, 2007
Adequate Expert Reports Can Be Compelled by The remedy for an inadequate expert report is to seek an order compelling an adequate one. Exclusion of the expert report or testimony as a sanction is available only when the failure to provide an adequate report is in violation of an order …
Article • May 15, 2007
Second Circuit Discusses Contempt Sanctions by The court recites Second Circuit contempt boilerplate (655). Contempt sanctions may serve both coercive and compensatory purposes, but a sanction paid to the other party "should correspond at least to some degree with the amount of damages," and proof of loss must be present …
AL Jail Fined for Violating Population Cap by A federal district court in Alabama issued an order fining the Mobile County, Alabama, jail $5,000 a day for failing to comply with a jail population limit. The court had previously found that overcrowding at the jail was so severe that it …
Article • May 15, 2007
$4,226 Awarded in Filthy Cell Suit by The court of appeals for the Eighth circuit affirmed a jury verdict of $4,226 in favor of a Missouri prisoner confined in a filthy cell. Plaintiff was confined for two years in the segregation unit of the Missouri State Penitentiary in a cell …
$21,213.76 in Fees/Costs Awarded for Discovery Sanctions by NY jail Officials by $21,213.76 in Fees/Costs Awarded for Discovery Sanctions by NY jail Officials A federal court in New York awarded $20,950 in fees and $263.76 in costs as a sanction against jail officials related to discovery violations. Gary Smith, a …
Article • May 15, 2007
Sanction Imposed for NY AG's 1-Year Delay in Answering Complaint by A New York federal district court set aside a default judgment in a prisoner's civil rights case, but imposed a $500 sanction for the one- year delay in responding. A prisoner at New York's Woodburns Correctional Facility sued under …
Article • May 15, 2007
Sanction Of Nearly $1 Million In Attorney Fees Upheld by The United States Supreme Court held that a district court acted within its authority when imposing attorney fees as a sanction for bad-faith conduct. Russell Chambers, director and lone shareholder of Calcasieu Television and Radio, Inc., agreed to sell his …
New York Prisoner Assaulted In City Jail Awarded $920,000 by In June 1997 the First Judicial Supreme Court of New York awarded $920,000 to a prisoner who was assaulted by other prisoners in a New York City jail. As a result of the September 1986 attack, the prisoner, a 28-year-old …
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