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Washington Prisoner Has Right to Counsel in Racial Discrimination Suit by The U.S. Court of Appeals for the Ninth Circuit held that the U.S. District Court for the Western District of Washington erred when it dismissed a pro se prisoner's lawsuit for failing to state a claim and for denying …
Ruiz Attorney Fees Approved; State Fees Cap Invalid by Following a successful civil rights suit in which conditions in Texas prisons were declared unconstitutional and extensive remedial relief ordered via consent decree, the plaintiffs moved for attorneys' fees and costs under 42 U.S.C. § 1988. The court stayed the award …
Article • May 15, 2007
Fifth Circuit Refuses to Hear Appeal of Attorneys' Fees Order by The Fifth Circuit court of appeals held that the defendants in a class-action suit by Texas prisoners could not maintain an interlocutory appeal of the district court's award of attorneys' fees for obtaining and enforcing orders issued by the …
Article • May 15, 2007
Cell Search Ordered By Prosecutor Actionable Under Fourth Amendment by The U.S. Court of Appeals for the Second Circuit held that a prisoner in New York's Metropolitan Correctional Center retained sufficient Fourth Amendment rights to challenge a cell search initiated by the prosecution in his criminal case. Three defendants appealed …
Article • May 15, 2007
Court May Not Force Attorneys to Represent Indigent Litigants by The U.S. Supreme Court held that an attorney could not be forced by the court to represent indigent prisoners. Petitioner, an attorney, was appointed by a magistrate to represent indigent prisoners in their § 1983 action against prison officials. Newly …
Article • May 15, 2007
CA. Petitioner Entitled to Fees and Cost of Successful Records Claim by California's First District Court of Appeals held a petitioner is a prevailing party in an action seeking release of documents when those documents are released voluntarily to resolve the litigation, and an award of attorney fees and costs …
Article • May 15, 2007
Delaware Life Sentence = 45 years; Ruling May Affect 200 Prisoners; Court Reverses Self After Prosecutors Whine by Delaware Life Sentence = 45 years; Ruling May Affect 200 Prisoners; Court Reverses Self After Prosecutors Whine The Delaware Supreme Court, sitting En Banc, held that its decision in Crosby v. State, …
Article • May 15, 2007
Delaware: Redactions Based On Officer Safety Not Valid Under FOIA by On December 30, 2003 the Delaware Supreme Court held that concern for police officers' safety is not a legitimate reason for withholding identifying information under the Freedom of Information Act (FOIA). The News Journal, a media publication of the …
$4.1 Million Settlement Approved in Deadly Ohio Riot Litigation by An Ohio Federal District Court approved a settlement agreement and awarded attorney fees and costs from a common fund in litigation in the third- deadliest prison riot in recent United States history, during which nine prisoners and one guard were …
Article • May 15, 2007
Attorney Fees Allowed on Contingency and Under Section 1988 by The U.S. Supreme Court held that an attorney for a prevailing party in a civil rights action could recover contingent fees in excess of attorney fees awarded by the court under § 1988. The plaintiff and his attorney in a …
Colorado DOC Contractor Communications Privileged by The Colorado Supreme Court has ruled that communications between the Department of Corrections (CDOC) attorney and an independent contractor are protected by attorney-client privilege. The CDOC sought relief under C.A.R. Rule 21 (original jurisdiction writ) from a district court order to disclose documents and …
Article • May 15, 2007
Sixth Circuit Explains Attorney Fee Awards in Brutality Cases by The court of appeals for the Sixth circuit held that a district court erred when it added a multiplier to the base attorney fee award, reduced it and then added another multiplier. The underlying case involves Ohio prisoner activist, jailhouse …
$500,000 Verdict in Pennsylvania Legal Malpractice Claim by The plaintiff in this case was charged with rape and indecent assault against a woman who was present at an orgy. Plaintiff said the matter was a consensual encounter. Plaintiff was held in Pennsylvania's Holmesburg Prison in lieu of 10% of a …
$975,000 Paid in Michigan Guards Wrongful Discharge Suit by In January 1996, Michigan prison guard James E. Legrow saw a paroled prisoner and three guards in a bar, which violated the parolee's conditions of parole and prison rules against fraternization with prison guards. Because the guards were friends of the …
$125 Attorney Fees Paid to Washington Prisoner in Personal Restraint Action by Lonnie L. Burton was a prisoner at Washington's Stafford Creek Corrections Center in April 2001 when he received a disciplinary infraction. He did not attend the hearing, which resulted in errors occurring. After the Attorney General's office requested …
Prisoner Appeals Damages Verdict in Failure to Protect Suit by Michael Darrell Sanders, an Arkansas prisoner, filed a lawsuit in U.S. District Court, Eastern District of Arkansas, in 1992 against the Arkansas Department of Corrections (DOC) and its officials (defendants), for allegedly failing to protect him from attacks by other …
Article • May 15, 2007
Evidentiary Hearing Required for Legal Mail Rights by The Seventh Circuit held that federal prisoners' First Amendment rights with regard to mail inspection by prison officials warranted an evidentiary hearing. Christopher John Martin and Brett C. Kimberlin sought to enjoin the practice of prison officials treating all incoming mail as …
Ohio: Wrongfully Convicted Man Awarded $641,858 Against Attorney by On August 22, 2002, an Ohio jury awarded a man who spent four years in prison $641,858 against the attorney who represented him in his criminal trial. Plaintiff Michael Javorina had been charged with, among other things, attempted murder and felonious …
U.S. Citizen Labeled Enemy Combatant Has Detention Examined Under Prison "Some Evidence" Standard. by U.S. Citizen Labeled Enemy Combatant Has Detention Examined Under Prison "Some Evidence" Standard. A federal District Court in New York has held that a U.S. citizen detained in the United States, and labeled an enemy combatant …
SAMs Valid, Requiring Defense Attorneys' Affirmation Invalid by A U.S. District Court held that Special Administrative Measures (SAMs) were valid as to the detention of a pretrial detainee, but defense attorneys need not give affirmation as to their acknowledgment of the SAMs. 28 C.F.R. §501.3(a) (Prevention of acts of violence …
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