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Colorado Settles Class Action Prison Disability Discrimination Suit For Over $3 Million by The Colorado Department of Corrections (CDOC) has settled a class action disability discrimination suit over accessibility inside its state prisons for prisoners with impairments in mobility, hearing, sight and for diabetics. Over $3 million will be spent …
Article • July 15, 2007 • from PLN July, 2007
Drunk PA DOC Attorney Charged in Hit-and-Run by Michael Farnan, 40, chief counsel for the Pennsylvania DOC, resigned from his job after he was involved in a hit-and-run accident in his state car. Farnan had been drinking heavily when he ran into the back of Tamara Hughes? minivan on November …
Article • June 15, 2007 • from PLN June, 2007
$2.5 Million Settlement in Schenectady County Strip Search Suit by On July 31, 2006, Schenectady County, New York, agreed to settle a suit over its county jail strip search policy for $2.5 million. This is a class-action civil rights lawsuit brought in federal district court pursuant to 42 U.S.C. § …
Ninth Circuit: Prisoner is Protected by Legal Privilege but Not Marriage Privilege When Writing His Lawyer-Wife by A California state prisoner who was being tried in United States District Court for federal conspiracy, racketeering and murder offenses committed from state prison, and whose wife was his lawyer, was permitted to …
Washington Indigents All Get Experts at Public Expense by The Washington State Supreme Court has ruled that CrR 3.1(f) entitles indigent criminal defendants to expert services at public expense, even if they?re represented by private counsel. Rodin Punsalan and Chayce Arden Hanson were prosecuted in the King County Superior Court …
Brief • May 16, 2007
Filed under: Attorneys
Duff Letter to Administrative Offices of the US Courts, May 16, Memo re Panel Attorney Hourly Rate Increase, 2007 Fileeot1 /fJfJ/fl:M7.3s Page 4 of 1 ;l,. 2 ADMINISTRATIVE OFFICE OF THE UN""ITED STATES COURTS JAMES C. DUFF Direc-.or WASHINGTON, D.C. 20544 May 16, 2007 MEMORANDUM To: : Judges. United States …
Texas District Court Awards $174,020 in Attorney Fees in Prisoner Beating Case by The U.S. District Court for the Southern District of Texas, Houston Division, awarded $174,020.83 in attorney fees and costs to counsel for a jail prisoner beaten by other prisoners due to incitement by a jail guard. On …
Article • May 15, 2007
Attorney Fees Awarded Despite Lack of Damages in Minnesota Jail Strip Search Suit by The U.S. District Court for the District of Minnesota awarded attorney fees to a jail detainee even though a jury found the plaintiff had sustained no damages. Robert Swart was arrested by the Scott County [Minnesota] …
Article • May 15, 2007
Pennsylvania Prisoner Has Right to Diversity Jurisdiction to Ensure Access to Courts by The US Court of Appeals for the Sixth Circuit held that the US District Court for the Southern District of Ohio, erred when it dismissed a prisoners suit for lack of jurisdiction. A prisoner serving a life …
Article • May 15, 2007
No Legal Malpractice Claim Without Post-Conviction Relief by The Supreme Court of Tennessee held that a prisoner could not sue his former defense attorneys for legal malpractice unless he won post-conviction relief. Defendant and numerous co-defendants were arrested and indicted on federal drug charges. Defendant's attorneys asked him to persuade …
Article • May 15, 2007
Summary Judgment Cannot Be Granted Solely on Failure to Respond by The U.S. Second Circuit Court of Appeals, reversing the U.S. District Court for the Western District of New York, held that defendant prison officials were not entitled to summary judgment solely on the basis of the prisoner plaintiff's failure …
Article • May 15, 2007
Particulars to Be Considered in Indigent Prisoner's Request for Counsel by The U.S. Court of Appeals for the Seventh Circuit affirmed a U.S. district court's dismissal of prisoner's claim of cruel and unusual punishment against prison, vacated dismissal of claim against prison doctor and nurse, and remanded with instructions to …
Article • May 15, 2007
Ninth Circuit Assesses Double Costs, Fees, and Damages Against Montana Prison Officials by Following remand in Pepperling v. Crist, 678 F.2d 787 (9th Cir. 1982), Montana prison officials appealed the Ninth Circuit's nude photograph ruling. The appeal was dismissed "because it is frivolous and brought in bad faith to vex, …
Article • May 15, 2007
Tenth Circuit Upholds Injunction Against Juvenile Mail Censorship by The Tenth Circuit Court of Appeals upheld a district court's holding that a Utah private school for youths with behavioral problems violated the First and Fourteenth Amendment rights of the students by monitoring and censoring their outgoing mail and forcing the …
Article • May 15, 2007
Expert Witness Fees Not Recoverable Under 42 U.S.C. § 1988 by Expert Witness Fees Not Recoverable Under 42 U.S.C. § 1988 The United States Supreme Court held in a West Virginia case that fees for services rendered by experts in civil rights litigation may not be shifted to the losing …
Iowa Ban on Racist Literature Enjoined by The U.S. Southern District of Iowa held that a state prison could not deny racist material to prisoners. Tracy Nichols, an Iowa state prisoner, sought to receive materials from several different churches, including the Church of Jesus Christ Christian (CJCC). The CJCC promotes …
Article • May 15, 2007
Attorney Fees as Catalyst for Change Certified to California Supreme Court by Attorney Fees as Catalyst for Change Certified to California Supreme Court. The Ninth Circuit Court of Appeals has certified to the California Supreme Court two questions: 1) Under California law, may attorney fees be awarded where the plaintiff …
Article • May 15, 2007
Attorney Fees Awarded in Partial Victory Gained By Order Setting Forth Settlement by The Third Circuit Court of Appeals has reversed a Pennsylvania District Court's order denying the award of attorney fees to the plaintiff in an action settled prior to a hearing for a preliminary injunction. This 42 U.S.C. …
Article • May 15, 2007
Attorney Fees Not Reducible for Failure to Win on All Issues by The court of appeals for the Eighth Circuit held that an attorney fee award for the plaintiff as a prevailing party should not be reduced because relief was not granted on every issue alleged or raised in the …
Attorney Sanctioned For Unreasonably, Vexatiously Prolonging Litigation by The U.S. District Court for the District of New Mexico held that an attorney representing a prisoner in a civil rights action against prison officials had acted "unreasonably and vexatiously" pursuant to 28 U.S.C. § 1927, and ordered him to pay defendants' …
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