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Years Later, $95,000 Attorney Fees Paid in Essex County Jail Conditions Suit by After 12 years of disputing the amount to be paid to Massachusetts Correctional Legal Servicer (MCLS) for attorney fees relating to a class action suit, officials in Essex County agreed on July 8, 2004, to pay $95,069.89 …
Article • May 15, 2007
Legal Mail and Attorney Call Claims Subject to PLRA by The plaintiff complained that his attorney-client telephone calls and correspondence were improperly intruded upon. At 159: Krilich argues that his Fifth Amendment claim is not subject to the PLRA because it is not brought "with respect to prison conditions." Krilich …
District Court Awards Attorney Fees on Forced Medication Claim by The U.S. District Court for the District of Utah awarded attorney fees and costs to a jail prisoner who complained of being forcibly medicated with psychotropic drugs. The fees awarded, however, were only about one-third the requested amount. Daniel Howard …
Effective Assistance of Counsel Not a Right in Civil Litigation by The U.S. Eighth Circuit Court of Appeals has affirmed a district court's refusal to appoint substitute counsel and, following a prior appellate decision, held that civil litigants have no right to effective assistance of counsel. William L. Taylor was …
Sixth Circuit Orders Reconsideration of Attorney Fees Claim in Drug Testing Case by The U.S. Sixth Circuit Court of Appeals held that use of the enzyme multiplied immunoassay technique (EMIT) urine test for detecting prisoners' consumption of illegal drugs did not violate due process and did not violate terms of …
Texas Attorney-Client Interference Damage and Fee Award Upheld by The court of appeals for the Fifth circuit upheld a damage award of $10, 231 plus unspecified attorney fees, when a Texas prison deliberately interfered with the right of prisoners and counsel to meet concerning prison conditions and post conviction relief …
$7,500 for Failing to Protect Snitch by The court of appeals for the Seventh circuit affirmed a district court awarding an informant $7,500 in damages after he was assaulted by other prisoners. The prison failed to screen snitch's files. His files were not checked before being placed in Protective Custody, …
GA Detainee Awarded $50,000 in Damages, Plus Fees, Over Jail Conditions by The court of appeals for the Eleventh circuit affirmed a district court ruling awarding a Georgia jail detainee $45,000 in compensatory damages, $5,000 in punitive damages and $13,376.25 in attorney fees after he was held in disgusting jail …
Damages and Attorney Fees Awarded in Forced Medication Suit by The court of appeals for the Tenth circuit held that a Utah pretrial detainee's right to due process was violated when he was forcibly medicated with psychotropic drugs. District court entered judgment on a jury award of $100 actual and …
Article • May 15, 2007
Medication Verdict Vacated over Witness, Nominal Damages by Medication Verdict Vacated Over Witness, Nominal Damages An epileptic Missouri prisoner sued under § 1983 when guards repeatedly took his epileptic medication. At trial he was awarded $1 in nominal and damages and $1 in punitive damages for the resulting epileptic fits …
Legal Aid Lawyers Entitled to Fees in Jail Conditions Suit by Idaho jail prisoners filed suit over jail conditions. The jail was a converted house with rat droppings and a leaking sewage pipe in the kitchen, fire hazards caused by lack of exits, no law library access, including items such …
Attorney Fees Deposited in Escrow Due to Defendant Intransigence by Florida jail prisoners successfully challenged unconstitutional jail conditions. The district court awarded $7,506.50 in attorney fees for post judgment work done to monitor the injunction and ordered the money deposited into a court escrow account due to the defendants' unwillingness …
Article • May 15, 2007
RI Jail Liable for Attorney Fees by After winning a jail conditions lawsuit, the district court awarded Rhode Island jail detainees $115,483.79 in attorney fees and costs. The defendants appealed, arguing actual lawyer fees should be used to compute fees, not the market rate. The court of appeals for the …
City Liable when Informant Killed by City Liable When informant Killed A prisoner's wife sued the Muskogee, Oklahoma city/federal jail under § 1983 for failing to protect her husband, an informant killed by jail prisoners. Plaintiff's husband was convicted but not yet sentenced. Case went to trial and jury awarded …
Article • May 15, 2007
Jail Detainees Have Right to Meet with Counsel by The court of appeals for the Third Circuit held that a district court erred in dismissing a Pennsylvania jail prisoner's claim that he was denied an adequate opportunity to meet with his trial lawyer to prepare his defense. The appeals court …
Article • May 15, 2007
Censorship of Muslim Literature Struck Down, Detainees Have Right to Confidential Contact with Counsel by The court of appeals for the Fifth circuit affirmed a district court's injunction-prohibiting the Fast Paton Rouge sheriff in Louisiana from censoring the Koran and Muhammad Speaks to jail prisoners. The court reversed dismissal of …
CO Medical Co-Pay Fee Overturned, Plaintiffs Awarded Atty Fees by Colorado prisoners successfully challenged a state statute charging prisoners $3 each time they sought medical care. The lawsuit alleged the co-pay statute violated their Eighth amendment rights. Before trial the state amended the statute to exclude most services. The district …
Article • May 15, 2007
Appointment of Counsel in 7th Circuit Discussed by The court of appeals for the Seventh circuit sets forth the standard to be used by lower courts in appointing counsel to represent indigent prisoners in civil cases. The underlying suit was for medical neglect and the Indiana plaintiff was blinded as …
Article • May 15, 2007
California Supreme Court Holds Prisoners' Legal Mail Confidential by The Supreme Court of California held that a rule used by the California Department of Corrections (DOC) that allowed prison officials to read attorney-prisoner incoming mail was inconsistent with statutory privilege for that type of correspondence. Also, the court held that …
Attorney Awarded $1.50 in Fees in Nominal Damages Case by The First Circuit court of appeals has reduced an attorney fees award from $3,892.50 to $1.50; the fees were awarded to an attorney who helped a pretrial detainee win an award of nominal damages in an excessive force case. The …
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