Evidence in Arizona Fatal Prisoner Abuse Suit Tailored in In Limine Ruling by The U.S. District Court for the District of Arizona ruled in limine on pre trial evidence following the denial of qualified immunity for Maricopa County Sheriff Joseph Arpaio in a § 1983 suit involving the death of …
Stay Pending Qualified Immunity Interlocutory Appeal Rejected in Arizona Prisoner Death Suit by Maricopa County (Arizona) Sheriff Joseph Arpaio filed a motion to stay litigation pending an interlocutory appeal on the denial of qualified immunity in a lawsuit filed by the parents of Tent City prisoner Phillip Wilson, who was …
Phoenix New Times Executives Arrested for Reporting About Sheriff Joe Arpaio by Matthew T. Clarke by Matt Clarke On the night of October 18, 2007, Michael Lacey and Jim Larkin, founders and owners of the Phoenix New Times, an independent weekly publication in Phoenix, Arizona, were arrested and charged with …
U.S. Court Of Claims Lacks Jurisdiction Over Eighth Amendment Based Tort by Arizona federal pro se prisoner Jerome Trafny appealed his Eighth Amendment based tort claim dismissal. He alleged that the Federal Bureau of Prison's (BOP) failure to supply medication after eye surgery caused injury. The dismissal was affirmed for …
Arizona Juvenile’s Jail Suicide Case Settled for $10,000 by The estate of a 14-year-old Arizona juvenile detainee was paid $10,000 to settle claims arising from his suicide. While in a Yavapai County juvenile detention facility, a 14-year-old boy hung himself to death. His estate sued in federal court, alleging Defendants …
Arizona AG Defined Parole Board's Records Retention And Disposal Requirements by The Arizona Attorney General (AG) opined the parameters for the Board of Pardons and Paroles (Board) retention and disposal of meetings and hearings recordings, audio tapes and written minutes, and prisoner files after the conclusion of parole. AG Bob …
20 Year Old Phoenix Police Investigation Documents Ordered Disclosed To Church by The Church of Scientology of Arizona (Church) appealed a court denial for 20 year old Phoenix Police Department (PPD) documents regarding an investigation of the Church and it's affiliates. The court reversed the denial ruling that no harm …
Arizona Prisoners' Records Requests Statutorily Denied; No Constitutional Right To Work Furlough by Arizona State pro se prisoner Richard Berry appealed the dismissal of his due process claims for being denied work furlough and copies of his criminal records. The dismissal was affirmed. Berry requested his master record file after …
Arizona Jail Detainees' Offense Report's Disclosure Statutorily Mandated by Pima County (Arizona) Jail detainee Lawrence Carlson appealed a court dismissal of his action for defamation against Sheriff Clarence Duprik. Duprik released an offense report to the press resulting in a slanderous article. The report was ruled a public record and …
Disclosure Of Arizona Investigative Reports Involved In Active Litigation Statutorily Denied by Maricopa County (Arizona) Attorney Thomas Collins appealed a 1987 court ruling granting the production of investigative police reports involved in active ongoing litigation to the media. He also appealed the media's award of attorney's fees and costs which …
Arizona Agencies' Public Records Denial Condoned If In Best Interest Of Agencies. by The City of Tucson (Arizona) and it's police department (TPD) appealed a court ruling requiring active litigation document's production with awards for attorney's fees. The requestor appealed the order denying partial production. The production determination was affirmed …
Former Arizona County Manager's Personal Emails Not Subject To Disclosure by Former Pinal County (Arizona) Manager Stanley Griffis appealed a court ruling requiring the disclosure of 90 personal emails after his 2005 suspension for illegally purchasing firearms with County funds. One email's production was affirmed but the rest were reversed. …
Arizona Pre-Litigated Investigative Reports Not Subject To Disclosure Absent Compelling Grounds by The Maricopa County (Arizona) Adult Probation Department (Department) appealed the court-ordered production of investigatory files concerning the requestor's disciplinary action. The appellate production order was vacated. Department employee Frederic London was suspended for alleged misconduct in 2000 pending …
Pochoda v. Arpaio, AZ, Complaint, Unlawful Arrest, 2008 1 2 3 4 5 Joel B. Robbins, Esq. (011065) Anne E. Findling, Esq. (010871) ROBBINS & CURTIN, p.l.l.c. 301 East Bethany Home Road, Suite B-100 Phoenix, Arizona 85012 Tel: 602/285-0100 Fax: 602/265-0267 joel@robbinsandcurtin.com 6 7 8 IN THE SUPERIOR COURT OF …
$100,000 Damage Award Vacated for Seven-Year Service Delay by The Ninth Circuit Court of Appeals vacated a $100,000 excessive force judgment, and ordered dismissal of the action due to a seven-year delay in service on the defendants. On August 9, 1995, Robert Efaw was confined in the Navajo County Jail …
Prison Doctors, Tainted by Regulatory Board Discipline, Administer Wisconsin Prisoner Care by David Reutter by David M. Reutter Whenever prisoners complain about inept healthcare, prison officials accuse them of being manipulating whiners, or assert they are being administered the ?community standard of care? by competent medical professionals. A review by …
Parole Condition Banning Porn Access for Sex Offender Upheld by The criminal defendant, convicted of sexually abusing a child, was sentenced to prison and given a condition of subsequent supervised release that he "not possess any sexually stimulating of sexually oriented material deemed inappropriate by his probation officer and/or treatment …
Class Certified in Hispanic Racial Profiling Suit by Standing is assessed with respect to the class as a whole after class certification but with respect to the named plaintiffs before certification. Evidence of a pattern or practice of police conduct that does not depend on the plaintiff's own behavior can …
Arizona Gas Chamber Unconstitutional by The court holds that execution by lethal gas as practiced in Arizona is unconstitutional, applying the prior decision in Fierro v. Gomez, which it notes was vacated but has never been held wrong. The Supreme Court later held that the petitioner's claim was procedurally barred …
Buried Alive: Solitary Confinement in Arizona’s Prisons and Jails by David Reutter Buried Alive: Solitary Confinement in Arizona's Prisons and Jails Review by David M. Reutter "There have been a couple of times that I've tried to end my life in here, but they keep reviving me and bringing me …
