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Article • November 17, 2015
Massachusetts Prisoner Denied Credit for Time Completed on Vacated Conviction by Massachusetts Prisoner Denied Credit for Time Completed on Vacated Conviction The Massachusetts Supreme Court has held that a prisoner serving time on an unrelated sentence was not entitled to credit for the completed prison sentence of a vacated conviction. …
Article • November 17, 2015
Records Pertaining to High Profile Terrorist Exempt Under Federal Freedom of Information Act by Records Pertaining to High Profile Terrorist Exempt Under Federal Freedom of Information Act The U.S. Court of Appeals for the Second Circuit has held that videos and other recordings of a detained high profile terrorist were …
Article • November 17, 2015
Filed under: Bail, Overdetention, Immigration
Immigrants Must Be Given Bail Hearing after Six Months by Immigrants Must Be Given Bail Hearing after Six Months The U.S. government's practice of indefinitely holding deportable immigrants in jail without giving them a chance to argue for release on bail was given the red light when a federal court …
Article • November 17, 2015
New York Man Previously Convicted as Sex Offender Subject to Amended Statute’s Stricter Requirements by New York Man Previously Convicted as Sex Offender Subject to Amended Statute’s Stricter Requirements The U.S. Court of Appeals for the Second Circuit has held that a state sex offender statute’s amendments applied to a …
Article • November 17, 2015
Filed under: Attorney Fee Awards
New York: Federal Court’s Denial of Fees to Attorney Improper without Further Inquiry into Time Records by New York: Federal Court’s Denial of Fees to Attorney Improper without Further Inquiry into Time Records The U.S. Court of Appeals for the Second Circuit has held that a lower court abused its …
Article • November 17, 2015
First Circuit: First Amendment Right to Film Traffic Stops by First Circuit: First Amendment Right to Film Traffic Stops On May 23, 2014, the First Circuit U.S. Court of Appeals denied an appeal filed by the Weare, New Hampshire, police department and several of its officers challenging a district court …
Article • November 17, 2015
North Carolina District Attorney Not Entitled to Qualified Immunity for Allegedly Firing Employee Based on His Public Statements Criticizing Program by North Carolina District Attorney Not Entitled to Qualified Immunity for Allegedly Firing Employee Based on His Public Statements Criticizing Program The U.S. Court of Appeals for the Fourth Circuit …
Article • November 17, 2015
New York Prisoner’s Suit Dismissed in Federal Court for Prisoner’s Misconduct by New York Prisoner’s Suit Dismissed in Federal Court for Prisoner’s Misconduct The U.S. Court of Appeals for the Second Circuit has affirmed the district court’s dismissal of a suit filed by Edward Koehl, a New York prisoner, for …
Article • November 17, 2015
Iowa: State Department Ordered to Cover Court-Appointed Counsel’s Expenses in Privately Prosecuted State Action by Iowa: State Department Ordered to Cover Court-Appointed Counsel’s Expenses in Privately Prosecuted State Action The Iowa Supreme Court has affirmed a lower court’s order for the Iowa Department of Management (IDM) to pay, as a …
Article • November 17, 2015
Federal Court Extends Discovery Cutoff Dates and Orders Michigan Jail Guard to Respond by Federal Court Extends Discovery Cutoff Dates and Orders Michigan Jail Guard to Respond The U.S. District Court for the Eastern District of Michigan has granted in part and denied in part a motion to compel defendant …
Article • November 17, 2015
Kansas: District Court Holds for Plaintiffs in County Jail Mailing Issues by Kansas: District Court Holds for Plaintiffs in County Jail Mailing Issues On March 25, 2014, the United States District Court for the District of Kansas granted the plaintiffs’ motion for class certification alleging First and Fourteenth Amendment rights …
Article • November 16, 2015
Kentucky Supreme Court Affirms Open Records Act Exception by Kentucky Supreme Court Affirms Open Records Act Exception The Supreme Court of Kentucky affirmed, on December 19, 2013, the state court of appeals’ affirmation of the circuit court’s finding for the city of Hopkinsville (the City) in a dispute with the …
Article • November 16, 2015
Ninth Circuit Affirms Attorney’s Fees for Denied Motion by Ninth Circuit Affirms Attorney’s Fees for Denied Motion In response to the state’s appeal of awarded attorney’s fees generated by monitoring compliance to an injunction compelling the defendant, Idaho State Board of Corrections (ISBC), to reach prescribed population levels, along with …
Article • November 16, 2015
Ninth Circuit Holds for Plaintiffs on Interest of Damages Award by Ninth Circuit Holds for Plaintiffs on Interest of Damages Award The United States Court of Appeals for the Ninth Circuit held in July 2013 for the plaintiffs, Charles and Rita Barnard, in their appeal of the district court’s decision …
Article • November 16, 2015
No Equitable Tolling for Foreign, Mentally Ill Prisoners by No Equitable Tolling for Foreign, Mentally Ill Prisoners The Ninth Circuit Court of Appeals recently ruled that a non-English speaking mentally ill prisoner, housed in segregation at the time his petition was due, was not entitled to equitable tolling and dismissed …
Article • November 16, 2015
Federal: New York City Held Liable for Unconstitutional Terry Stops and Racial Profiling by Federal: New York City Held Liable for Unconstitutional Terry Stops and Racial Profiling The United States District Court for the Southern District of New York held the City of New York (“City”) liable for violating the …
Article • November 16, 2015
Bizarre Ruling Deprives Arkansas Prisoner of Judicial Review of Disciplinary Action by Bizarre Ruling Deprives Arkansas Prisoner of Judicial Review of Disciplinary Action On May 15, 2014, the Arkansas Supreme Court denied a state prisoner the right to seek judicial review of a disciplinary action because he did not pay …
Article • November 16, 2015
Protestor’s First Amendment Rights Violated by Federal Agency’s Unusual Enforcement of Plaza’s Business Hours by Protestor’s First Amendment Rights Violated by Federal Agency’s Unusual Enforcement of Plaza’s Business Hours The U.S. District Court for the District of Oregon granted summary judgment in favor of the protestors, holding that a federal …
Article • November 16, 2015
Filed under: Attorney Fee Awards
California Petitioner’s Attorneys Not Liable for Costs Incurred by Petitioner’s Unsuccessful Suit by California Petitioner’s Attorneys Not Liable for Costs Incurred by Petitioner’s Unsuccessful Suit The California Court of Appeal for the Fourth District, Division One has held that the attorneys representing a petitioner in an injury suit were not …
Article • November 16, 2015
Officers’ Unions’ Motions to Intervene in Federal Stop-And-Frisk Suits Held Untimely and Insubstantial by Officers’ Unions’ Motions to Intervene in Federal Stop-And-Frisk Suits Held Untimely and Insubstantial The United States Court of Appeals for the Second Circuit has affirmed a lower court’s denial of the officers’ unions’ motions to intervene …
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