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Negligent Public Defender Defense Against Dirty Los Angeles Cops Nets Falsely Convicted Man $6.5 Million; Court Vacates Verdict Million; Court Vacates Verdict

Article • May 15, 2007

Filed under: Police Misconduct, Attorney Misconduct, Public Defenders, Excessive Force, Shootings, Wrongful Conviction, Excessive Force (Police)

Negligent Public Defender Defense Against Dirty Los Angeles Cops Nets Falsely Convicted Man $6.5 Million; Court Vacates Verdict Million; Court Vacates Verdict by John Dannenberg Negligent Public Defender Defense Against Dirty Los Angeles Cops Nets Falsely Convicted Man $6.5 Million; Court Vacates Verdict by John E. Dannenberg A Los Angeles …

Prison Disciplinary Board Members Not Entitled to Absolute Immunity

Article • May 15, 2007

Filed under: Work Strikes, Disciplinary Hearings, Hearing Officers, Attorney Fee Awards, Good Time, Judicial Immunity, Ad-Seg Hearings

Prison Disciplinary Board Members Not Entitled to Absolute Immunity by The U.S. Court of Appeals for the Seventh Circuit held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit; that the amount of compensatory damage award did not warrant interference …

Prisoner's Failure to Appear Not Grounds for Civil Suit Dismissal

Article • May 15, 2007

Filed under: Clothing, Water, Appointment of Counsel, Guard Brutality/Beatings, Court Access, Court Appearances

Prisoner's Failure to Appear Not Grounds for Civil Suit Dismissal by California jail prisoner Mike Hernandez filed a 42 U.S.C. §1983 suit in federal district court claiming that jail staff at the San. Luis Obispo County Jail physically assaulted him and deprived him of clothing and water. A pre-trial conference …

Nominal Damages Merit Attorney Fee Award; Erroneous Jury Instruction Standard Discussed

Article • May 15, 2007

Filed under: Sexual Harassment, Harassment by Police, Failure to Protect (General), Attorney Fee Awards, Damages, Jury Instructions

Nominal Damages Merit Attorney Fee Award; Erroneous Jury Instruction Standard Discussed by Nominal Damages Merit Attorney Fee Award; Erroneous Jury Instruction Standard Discussed The Eighth Circuit Court of Appeals held an Iowa District Court did not abuse its discretion when it awarded attorney fees after a jury awarded only nominal …

California Appellate Court Reinstates Murder Conviction For Dog Mauling Death

Article • May 15, 2007

Filed under: Discrimination, Gang Policies, Criminal Prosecution, Attorney Client, Attorney Misconduct, Attorney

California Appellate Court Reinstates Murder Conviction For Dog Mauling Death by California Appellate Court Reinstates Murder Conviction For Dog Mauling Death In an unprecedented ruling, a divided California Court of Appeal (First Appellate District) reinstated the second degree murder conviction of Marjorie Knoller for the killing of a neighbor by …

No State-Paid Attorneys for Post-conviction Relief in Capital Cases

Article • May 15, 2007

Filed under: Appointment of Counsel, Attorney Client, Public Defenders, Death Penalty/Death Row, Death Penalty

No State-Paid Attorneys for Post-conviction Relief in Capital Cases by The U.S. Supreme Court held that indigent death row prisoners had no constitutional right to state-paid counsel in order to pursue post- conviction relief. Prisoners on Virginia's death row brought a § 1983 action against state officials alleging they had …

First Circuit: Win on Plaintiff's Core Claims Merits Attorney Fees

Article • May 15, 2007

Filed under: Attorney Fee Awards, Excessive Force, Restraints, False Arrest, Excessive Force (Police)

First Circuit: Win on Plaintiff's Core Claims Merits Attorney Fees by On December 19, 2003 the U.S.. First Circuit Court of Appeals held that a plaintiff who prevailed on his core claims against a Massachusetts police officer was entitled to attorney fees. Plaintiff Phaly Poy, 24, claimed that while at …

Some VA Death Row Prisoners Denied Meaningful Access to Courts

Article • May 15, 2007

Filed under: Appointment of Counsel, Law Library Access/Adequacy, Sentencing, Habeas Corpus, Death Row

Some VA Death Row Prisoners Denied Meaningful Access to Courts by Upon rehearing en banc, the U.S. Court of Appeals for the Fourth Circuit held that Virginia did not provide death row prisoners with meaningful access to courts in all circumstances. Prisoners on Virginia's death row brought a class action …

United States Supreme Court Holds that Probation Violators Must Be Afforded Representation at Probation Revocation/Resentencing Hearings

Article • May 15, 2007

Filed under: Appointment of Counsel, Sentencing, Habeas Corpus, Probation

United States Supreme Court Holds that Probation Violators Must Be Afforded Representation at Probation Revocation/Resentencing Hearings by United States Supreme Court Holds that Probation Violators Must Be Afforded Representation at Probation Revocation/Resentencing Hearings This was a consolidated case in which two Washington state prisoners were granted certiorari after the state …

VA Death Row Prisoners Entitled to Appointed Counsel

Article • May 15, 2007

Filed under: Appointment of Counsel, Habeas Corpus, Death Penalty/Death Row, Death Row

VA Death Row Prisoners Entitled to Appointed Counsel by The U.S. District Court for the Eastern District of Virginia, Richmond Division, held that death row prisoners were entitled to more legal assistance than that delineated in Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977). Prisoners …

VA Death Row Prisoners Not Entitled to Appointed Counsel

Article • May 15, 2007

Filed under: Attorneys, Appointment of Counsel, Habeas Corpus, Death Row

VA Death Row Prisoners Not Entitled to Appointed Counsel by The U.S. Court of Appeals for the Fourth Circuit held that indigent death row prisoners did not have a constitutional right to counsel at state expense when pursuing habeas corpus relief in state courts. Prisoners on Virginia's death row brought …

Settlement's Retention of Jurisdiction for Enforcement is Functional Equivalent of Consent Decree

Article • May 15, 2007

Filed under: Attorney Fee Awards, Civil Procedure, Settlements, Costs, Consent Decrees

Settlement's Retention of Jurisdiction for Enforcement is Functional Equivalent of Consent Decree by Settlement's Retention of Jurisdiction for Enforcement is Functional Equivalent of Consent Decree The Eleventh Circuit of Appeals has held a Florida settlement agreement's provision that retains "the district court's jurisdiction for enforcement of the agreement" is the …

Supreme Court Overturns Dismissal of §1983 Action

Article • May 15, 2007

Filed under: Attorneys, Attorney Fee Awards, Title VII

Supreme Court Overturns Dismissal of §1983 Action by Supreme Court Overturns Dismissal of §1983 Action The U.S. Supreme Court affirmed in part and reversed in part a lower court's judgment dismissing an Illinois prisoner's action under 42 U.S.C. § 1983 and ordering him to pay the respondent's attorney fees, which …

State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency

Article • May 15, 2007

Filed under: Attorney Fee Awards, Appointment of Counsel, Attorney Client, Public Defenders, Sentencing, Habeas Corpus, Pardons/Clemency, Death Penalty

State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency by State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency The Eleventh Circuit Court of Appeals held that a state prisoner sentenced to death is not entitled to the appointment of federally funded …

State Death Sentenced Prisoner Not Entitled to Federally Funded Counsel in State Clemency Proceeding

Article • May 15, 2007

Filed under: Appointment of Counsel, Sentencing, Habeas Corpus, Death Penalty

State Death Sentenced Prisoner Not Entitled to Federally Funded Counsel in State Clemency Proceeding by State Death Sentenced Prisoner Not Entitled to Federally Funded Counsel in State Clemency Proceeding The Tenth Circuit Court of Appeals held a state prisoner is not entitled to federally appointed and funded counsel in a …

Oregon Protesters Awarded $845,000 in Excessive Force Actions

Article • May 15, 2007

Filed under: Protests, Attorney Fee Awards, Attorney Misconduct, Excessive Force, Restraints, Excessive Force (Police)

Oregon Protesters Awarded $845,000 in Excessive Force Actions by The City of Portland, Oregon has paid $300,000 in damages and $545,000 in attorney's fees to twelve protesters who brought excessive force actions against the Portland Police Bureau. On August 22, 2002, President Bush visited Portland. As a Republican fundraiser was …

Public Defender's Party Association Protected Activity

Article • May 15, 2007

Filed under: Government Misconduct, Discrimination, Political Prisoners, Public Defenders, Employee Litigation

Public Defender's Party Association Protected Activity by The U.S. Supreme Court has held that a public defender who is satisfactorily performing his job may not be terminated based upon political party affiliation. This action was brought by two assistant public defenders in Rockland County, New York who were issued termination …

Licensed Attorney Acting Pro Se Not Entitled Attorney Fee Award

Article • May 15, 2007

Filed under: Attorneys, Attorney Fee Awards

Licensed Attorney Acting Pro Se Not Entitled Attorney Fee Award by The United States Supreme Court held that an attorney who represents himself pro se in a civil rights action may not receive an award of attorney fees under 42 U.S.C. § 1988 for that self-representation. The Petitioner was a …

Washington DOC Pays $3,000 for Failing to Timely Disclose Public Records

Article • May 15, 2007

Filed under: Work, Prison Labor, Attorney Fee Awards, Disclosure of Records

Washington DOC Pays $3,000 for Failing to Timely Disclose Public Records by The Washington Department of Corrections (WDOC) agreed to pay $2,997.50 to settle a lawsuit under the Public Disclosure Act brought in a Washington Superior Court, Thurston County, by the International Brotherhood of Electrical Workers Local Union No. 76 …

Preliminary Injunction Carries Judicial Imprimatur for Attorney Fee Award

Article • May 15, 2007

Filed under: Attorney Fee Awards, Civil Procedure, Parties, Preliminary Injunctions/TRO's, Mootness, Excessive Force (Police)

Preliminary Injunction Carries Judicial Imprimatur for Attorney Fee Award by The Ninth Circuit Court of Appeals held that a party who obtains a preliminary injunction is a "prevailing party" entitled to an award of attorney fees. This action originated as a 42 U.S.C. 1983 suit claiming that officials of California's …