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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 …
Article • August 15, 2008
Damages Awarded to Two New Mexico Jr. High Students After Excessive Strip Search by New Mexico Jr. High students Crystal Kennedy and Randy Ford challenged the appellate reversal of damages they were awarded in a 42 U.S.C. § 1983 suit against Dexter Consolidated Schools (DCS) and individual school officials. The …
Article • August 15, 2008
Attorney Fees Recoverable in Privacy Act Cases With No Actual Damages by On January 24, 2006, the Fourth Circuit Court of Appeals held that a plaintiff who prevailed in an action seeking damages under the Privacy Act, 5 U.S.C. § 522a(b), but did not prove any actual damages, could nonetheless …
Article • August 15, 2008
California Court's Award of Attorney Fees to Sheriff's Deputies Investigated for Raping Prisoners Upheld by Several unidentified deputies of the Sheriff Department of Riverside County, California sued the county for not providing them with lawyers while they were being investigated for sexual misconduct involving prisoners. They prevailed and the court …
Article • August 15, 2008
Indiana Bank Not Liable for BOP Restrictions Placed on Federal Prisoner's Account by Indiana federal prisoner John Burnside appealed a summary judgment dismissal in favor of Old National Bank (ONB) in his complaint for contractual and fiduciary breaches under Indiana law. Burnside alleged that ONB did not honor his request …
Court Orders Attorney General to Allow Law Students Access to Political Prisoners at Federal Supermax by Brandon Sample On January 17, 2008, U.S. District Judge Wiley Y. Daniel granted a preliminary injunction permitting University of Denver law students access to two prisoners housed at the Bureau of Prisons’ (BOP) Administrative …
Article • August 15, 2008
Washington Court Allows Ex Parte Communication With Litigant's Non Party Employees by Washington State residents Nancy and Daniel Wright challenged a court order preventing ex parte communication with Group Health Hospital (GHH) personnel regarding their injury lawsuit. The ruling was reversed as to communication with non party employees not having …
Court Rejects Disciplinary Habeas on Merits, Despite Time Bar by The plaintiff's habeas challenge to a disciplinary proceeding is time-barred under AEDPA, since the proceeding was concluded in 1997 and the plaintiff missed the one-year grace period provided by the statute. The court finds no authority supporting a requirement that …
Article • August 15, 2008
Right to Consult, Hire Counsel Well Established and Constitutionally Protected by At 953-54: The right to hire and consult an attorney is protected by the First Amendment's guarantee of freedom of speech, association and petition. ... It has long been recognized that the First Amendment prohibits the state from interfering …
$1.5 Million Awarded Female Washington Attorneys For Workplace Abuse By Prosecutor by Thurston County (Washington) criminal prosecutor's office employees brought civil rights violations action against the County for gender discrimination and hostile work environment beginning in 2001. Audrey Broyles, Susan Sackett Dan Pullo, and Vonda Sargent (plaintiffs) were awarded $1,522,000 …
Article • August 15, 2008
Washington State's Duty to Defend Officials Depends on Their Conduct by Washington state Supreme Court Justice Richard Sanders appealed the denial of attorney’s fees in a complaint filed against him by the Commission on Judicial Conduct (Commission) for misconduct in 2003. The appellate court held that no state duty existed …
Article • August 15, 2008
New Hampshire DOC Union Representative Ordered to Reveal Client Admissions by An unnamed New Hampshire Department of Corrections (DOC) union representative (petitioner) appealed a court's refusal to quash a subpoena requiring him to testify before a grand jury. The state Supreme Court denied his appeal and ordered that he reveal …
Article • August 15, 2008
TDCJ Policy for Female Guards Strip Searching Male Prisoners Judicially Monitored by Texas federal prisoner Albert Aranda and approximately 100 other prisoners filed suit against the Texas Department of Criminal Justice (TDCJ) in 1989. They alleged constitutional violations for male prisoners being strip searched by female guards. The court ordered …
Article • August 15, 2008
MI Prisoner’s FOIA Suit Dismissed for Lack of Injury by Delay by David Lakin, a Michigan state prisoner, filed suit in state court against the Department of Corrections (DOC) under the Freedom of Information Act (FOIA), Mich. Comp. Laws § 15.231, et seq. (Mich. Stat. Ann. § 4.1801(1), et seq.), …
Article • August 15, 2008
ID Prisoner's State Habeas Action Properly Dismissed Without Appointing Counsel by Kenneth Quinlan, an Idaho state prisoner, was sentenced to life on a 1973 murder conviction. He was paroled in 1985 and his parole was revoked in 1994. At the time of his conviction the parole board had to consider …
Article • August 15, 2008
Ninth Circuit Faults Mootness Dismissal, Denial of Counsel by The Ninth Circuit Court of Appeals vacated the mootness dismissal of an Idaho prisoner’s conditions of confinement suit. The Court also found that it was an abuse of discretion to dismiss without ruling on the prisoner’s request for appointment of counsel. …
Ohio Guards Win $475,000 in Sex Discrimination Suit by Bonnie Jayne, Christina Nichols, Jaqueline Hurst, Tia Hazinakis, Bonnie Flynn, Nicole O'Brien and Karen Martin, all guards at a correctional facility in Trumbull County, Ohio, sued the county in federal district court for gender discrimination. They claimed that the discrimination resulted …
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