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Broward County, FL Sheriff Resigns, Pleads Guilty to Federal Corruption Charges by David Reutter by David M. Reutter Facing an imminent federal grand jury indictment, Florida?s Broward County Sheriff Ken Jenne took preemptive action by agreeing to plead to lesser charges and resign as Sheriff. PLN has previously reported the …
Study Finds Federal Defenders Outperform CJA Attorneys by Indigent federal criminal defendants represented by court-appointed private attorneys ?are, on average, more likely to be found guilty and? to receive longer sentences? than defendants represented by public defenders, according to a new study by a Harvard economist. The study was conducted …
Missouri Ordered to Pay Prisoner's $250,000 Judgment Plus Fees and Costs for Sexual Assaults by Work Supervisor by John Dannenberg by John E. Dannenberg On June 29, 2007, the Missouri Court of Appeals ruled that the state must pay a $250,000 judgment awarded in federal district court to a prisoner …
California Appellate Court Overturns $177,000 Prisoner Beating Verdict by by John E. Dannenberg The California Court of Appeal (4th District) has reversed a $177,000 jury verdict against Orange County and its Sheriff, Michael Carona, finding that no substantial evidence supported the verdict and that the award of punitive damages violated …
Article • January 15, 2008
OH Prisoner's Attorney's Rule 11 Sanctions Nullified by Jeffrey Salkil was arrested for drunk driving and placed in the jail for Madison County, Ohio. Because he refused to submit to urinalysis testing, his driver's license was suspended. He completed an affidavit of indigency and asked to have a lawyer appointed …
Article • January 15, 2008
Reassignment of Right to Seek Attorney Fees Not Reassignable by The Ninth Circuit Court of Appeals has held that a client may not convey his or her right to seek or waive attorney's fees for their counsel. This action began when Wilma Pony, the guardian of Paulette Pony, a minor, …
Publication • January 15, 2008
Denaturalization Investigations Handbook, U.S. Immigration & Customs Enforcement, 2008 Department of Homeland Security Office of Investigations Denaturalization Investigations Handbook OI HB 08-01 January 15, 2008 OFFICIAL USE ONLY Foreword The Denaturalization Investigations Handbook provides a single source of national policies, procedures, responsibilities, guidelines, and controls that should be followed by …
Jama et al v. Esmor Correctional Services, NJ, Memo in Support of Plf Mot for Atty Fees, immigration beating, 2008 Case 2:97-cv-03093-DRD-MAS Document 544 Filed 01/08/2008 Page 1 of 43 Derek S. Tarson, Esq. Debevoise & Plimpton LLP 919 Third Avenue New York, New York 10022 (212) 909-6000 UNITED STATES …
Jama et al v. Esmor Correctional Services, NJ, Plf Notice of Mot for Atty Fees, immigration beating, 2008 Case 2:97-cv-03093-DRD-MAS Document 541 Filed 01/08/2008 Page 1 of 2 Derek S. Tarson, Esq. Debevoise & Plimpton LLP 919 Third Avenue New York, New York 10022 (212) 909-6000 UNITED STATES DISTRICT COURT …
Article • December 15, 2007
Oregon Protesters Awarded $845,000 in Excessive Force Actions by The City of Portland agreed to pay $300,000 in damages and $545,000 in attorney's fees to twelve protesters who brought excessive force actions against the Portland Bureau. On August 22, 2002, President Bush visited Portland, Oregon. As a Republican fundraiser was …
Georgia Death Row Prisoner Not Afforded Evidence To Litigate Case by Georgia death row prisoner Ellis Felker appealed by way of mandamus a 1996 court ruling that the Houston County District Attorney (DA) complied with the production of records under the Open Records Act (Act). Additional materials were discovered last …
Records Disclosure Ordered In Deputies' Misconduct And Remanded To Determine Attorney's Fees by Ray Burton, III, and East Coast Newspapers, Inc. (Burton), sought injunctive relief and declaratory judgment to obtain documents regarding a 2000 complaint, and the response to the complaint, against South Carolina's York County Sheriff's (YCS) deputies. The …
Otherwise Exempt NY Correctional Incident Reports, Related Documents Ordered Disclosed With Appropriate Redaction by New York State prisoner Abdul Beyah appealed a court's 2002 affirmation of the New York Department of Correctional Services (DOCS) refusal to produce incident reports from the Auburn Correctional Facility (ACF). The court ordered the information …
Article • December 15, 2007
Attorneys May be Sued as State Actors When Colluding with Judge by Matthew Clarke by Matthew T. Clarke On June 17, 2005, the United States Court of Appeals for the Fifth Circuit held that private attorneys could be sued as state actors in a civil rights action in federal district …
Article • December 15, 2007
Bail Enhancement Not Excessive When Fulfilling Particular Purpose; Hearing Must Be Held by California attorney Jeffrey Galen's 2001 release from jail after being arrested for domestic violence surprised authorities, as he made an enhanced bail of $1 million. His fiancee dropped the charges when he was released. In 2002 Galen …
Article • December 15, 2007
Chinese Citizen's Misdemeanor Assault Does Not Justify Removal Under Crime of Violence; Entitled to Fees Under EAJA by China native and permanent U.S. resident Hua Fang's misdemeanor assault in Montana led a U.S. Immigration Judge (IJ) to order his deportation. The Board of Immigration Appeals (BIA) affirmed the order without …
Article • December 15, 2007
TN Chancery Court Must Award Reasonable, Rather Than All, Costs and Fees to Winner in Public Records Act Cases by The Pollow family settled a civil rights action against police in Memphis, Tennessee after officers killed Adam Pollow while "restraining" him. The Settlement Agreement (Agreement) netted the Pollows $475,000. Contemporary …
Article • December 15, 2007
Maine Strip Search Case Nets $825,000 in Attorney Fees by In a class action strip-search case against York County, Maine, that settled for $3.3 million, a federal court awarded class counsel attorney fees totaling 25 percent of the settlement, $825,000. The court also directed counsel to provide documentation of "accrued …
DC Circuit Awards Fees in CIA FOIA Suit by The Court of Appeals for the District of Columbia has held that the appellee in this case was a prevailing party in a lawsuit to enforce his request under the Freedom of Information Act (FOIA), and remanded to determine if he …
California Fair Employment and Housing Act Claim Analyzed by California's First District Court of Appeals has reversed a finding of workplace retaliation and expanded upon the elements of a claim under the California Fair Employment and Housing Act (FEHA). This action was initiated by Dr. Margie McRae, who alleged discrimination …
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