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Article • May 15, 2007
Sixth Amendment Not Violated by The U.S. Supreme Court has held that the Sixth Amendment right to counsel is not violated by placing prisoners in administrative segregation (ad seg) without counsel. In separate incidents, prisoners in the Federal Correctional Institution at Lompoc, California, were placed in ad seg for suspicion …
Prevailing Party Status Obtained by Enforceable Settlement Agreement or Preliminary Injunction Granted by Prevailing Party Status Obtained by Enforceable Settlement Agreement or Preliminary Injunction Granted The Ninth Circuit Court of Appeals held that a party who reaches a settlement agreement enforceable by the court, or who has obtained a preliminary …
Pro Se Litigant Not Entitled to Attorney Fee Award by Pro Se Litigant Not Entitled to Attorney Fee Award. The Seventh Circuit Court of Appeals held that a litigant acting pro se cannot be awarded attorney fees as a prevailing party under the Equal Access to Justice Act (EAJA), 28 …
Article • May 15, 2007
Los Angeles County Policy Of Lump Sum § 1983 Settlements May Interfere With Right To Counsel by Los Angeles County Policy Of Lump Sum § 1983 Settlements May Interfere With Right To Counsel by John E. Dannenberg The Ninth Circuit US Court of Appeals permitted a case to proceed in …
Article • May 15, 2007
Notice of Summary Judgment Requirements Mandatory for Pro Se Prisoners by A federal district court must provide pro se prisoners with fair notice of summary judgment requirements prior to dismissal. District of Columbia jail prisoner Wayne Hudson filed a petition for declaratory judgment and motion for appointment of counsel. Hudson …
Article • May 15, 2007
Counsel Required before Misdemeanor Imprisonment by The United States Supreme Court has ruled that persons convicted of misdemeanors cannot be subjected to imprisonment unless they have been afforded counsel at the time guilt or innocence is decided. LaReed Shelton was convicted of misdemeanor assault after his failed attempt at self-representation. …
Article • May 15, 2007
$11,000 Paid in Illegal WA DNA Testing by McNeil Island Corrections Center Andre R. Goncalves filed a 42 U.S.0 §1983 action in the Western District of Washington federal court. The complaint asserted Fourth Amendment claims for requiring him to give a blood sample for DNA in the State's DNA database …
Supreme Court Addresses Mail, Good-Time, Legal Aid, Disciplinary Issues by The U.S. Supreme Court held that restoration of good-time was unavailable under § 1983; some constitutional rights are retained in prison disciplinary proceedings; minimal due process is required if loss of good-time is a possibility; disciplinary due process procedures ordered …
Massachusetts Prisoner Files Law Suit For Being Beaten By Prison Guards by The United States District Court, District of Massachusetts, denied in part and granted in part a motion to dismiss a prisoner's law suit, for being beaten by prison guards. Wilfred H. Evicci, a prisoner who was housed at …
Attorney Fee Award Under § 1988 Not Recoverable from Nonparty by After a man became a suspect in the murder of a Kentucky state trooper, various police officials raided the man's father's house and arrested all of the occupants, which did not include the man. The occupants filed suit in …
Article • May 15, 2007
Oklahoma Attorney General's Opinion Overrides Prison Officials; Court's Jurisdiction to Continue Until Assurance Violation Will Cease by The Tenth Circuit Court of Appeals held that when there is conflicting opinions between the Oklahoma Attorney General and Department of Corrections, the opinion of the Attorney General prevails; further, a district court …
Article • May 15, 2007
Attorney Fees Awarded in Long-Running Jail Class Action Suit by A federal district court in Texas awarded over $2,463,000.00 in attorney fees pending an effective date of the Civil Rights Attorney's Fees in a 15-year old civil rights action brought by prisoners in the Harris County (Texas) jail. Upward adjustment …
Article • May 15, 2007
Constitutional Issue Not Required for Attorney Fees Award by This case arose out of a Connecticut woman's federal court challenge under 42 U.S.C. § 1983 to Connecticut's Aid to Families with Dependent Children (AFDC) regulations which denied her credit for actual work-related expenses. The complaint was decided in the woman's …
Wisconsin Prisoner's ADA Claim Proceeds; Counsel Appointed by A Wisconsin federal district court has allowed a prisoner at the Stanley Correctional Institution (SCI) to proceed on his claims under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (ADA). The Court also appointed the prisoner counsel. Wisconsin prisoner …
Article • May 15, 2007
Montana S.Ct. Rules on Attorney Malpractice by The Montana Supreme Court held that a prisoner had adequately pleaded malpractice by his attorney when the lawyer he hired while imprisoned in Idaho purported to represent him in a Montana criminal case and entered a guilty plea on his behalf. The prisoner …
Deceased PA Prisoner's Medical Records Disclosable by Darlene Lucretia Joe was a Pennsylvania state prisoner at the Philadelphia Industrial Correction Center. Between 4/29/97 and 6/30/97 she requested medical care 15 times, to no avail. On 8/4/97 she died of cerebral herniation. Her estate sued the prison medical subcontractors (defendants), who …
Article • May 15, 2007
Attorney/Client Privilege Voided by Including Third Persons in Conversation by Florida's Fifth District Court of Appeals has held that a prisoner is not entitled to claim attorney/client privilege to communications when the person invoking the privilege knew of or should have known that the privileged conversation was being overhead. Before …
Court Grants New Trial to Uneducated Pro Se Litigant by A federal district court has granted a new trial to a pro se litigant, who quit school in the tenth grade and displayed during trial a lack of legal knowledge and limited skills, after the jury entered judgment for the …
Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived by Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived On remand from the United States Supreme Court, the Federal District Court of New York held that, generally, a party seeking …
$2,220,000 Settlement To Missouri Prisoners Formerly Housed In Texas by Over seven hundred Missouri state prisoners, who were formerly housed as part of a bed-sharing program in Texas prison facilities from January 1, 1995, through December 31, 1997, filed a Federal class action civil rights complaint regarding conditions of confinement …
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