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Article • January 15, 2009
Virginia Guard Injured in Prison Transport Van Accident Settles for $200,000 by A Virginia State jury awarded $250,000 to a guard who was injured while driving a prisoner transport van. While transporting several prisoners, the van driven by guard Ralph P. Tolbert was hit by a car that drove out …
PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John Dannenberg PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John E. Dannenberg On April 10, 2008, the U.S. District Court for the Northern District of California awarded $137,672 in supplemental legal fees and …
New York Sex Offenders’ Settlement Agreement Superseded by New Registration Law by New York Sex Offenders’ Settlement Agreement Superseded by New Registration Law The Second Circuit U.S. Court of Appeals dealt a blow to sex offenders in New York state when it ruled that despite an earlier suit and settlement …
Article • August 15, 2008
Class Representative’s Settlement Requires Court Scrutiny by At 298-99: Because of the representative nature of class suits and the numerous and sometimes divergent interests that are at stake, the court is charged with protecting the class members who, through their absence, are unable to protect themselves.... In order to carry …
Article • August 15, 2008
Alaska PRA Requires Disclosure of Settlement Agreement by The Anchorage Daily News (newspaper) sued in state court under tae state Public Records Act (Act), Alaska Stat. § 9.25.110 to compel the Anchorage School District (School District) to release a copy of its settlement agreement in a federal suit. The trial …
Article • August 15, 2008
NY Child Protection Suit Settled for Expert Evaluation, No Injunction by The court approves the settlement concerning child protection in New York City, which provides for a panel of experts to comprehensively evaluate the operations of the Agency for Children's Services but provides no specific injunctive relief. It bars future …
City Liable for Police Beating; Prior Settlements Admissible to Prove Policy by The 17-year-old plaintiff was forcibly arrested and thrown against a van, causing bruises to chest and head, was kneed in the back, and was bruised by excessively tight handcuffs, after engaging in a mock fight witnessed by a …
Article • August 15, 2008
County Prosecutor, Juvenile Court Manager's E-mails Ordered Disclosed Regarding Court's Dissolution by The Cowles Publishing Company (CPC) appealed an Idaho state district court’s ruling for non-disclosure of a settlement agreement regarding the dissolution of the Kootenai County Juvenile Education Training Court (JETC). Former JETC manager Marina Kalani appealed the same …
Article • August 15, 2008
Supreme Court Denies Mandatory Settlement Class Certification by Asbestos companies approached a group of plaintiffs' lawyers to discuss a "global settlement" of their tort liability, resulting in the filing of a mandatory class action that would bind all future claimants with no opt-out provision and thus permanently limit the defendants' …
Article • August 15, 2008
Michigan State Treasurer Seizes 90 Percent Of Prisoner's Suit Proceeds by Michigan State prisoner Raymond Jackson sought leave to appeal an appellate ruling allowing the state treasurer to seize 90 percent of his federal action proceeds under the State Correctional Facility Reimbursement Act (SCFRA). His attorneys appealed the reduction of …
Article • August 15, 2008
Courts Can Approve Settlement Orders Sealing Case Files by When a district court "so orders" a settlement that provides the case file will be sealed, it is obliged to seal the case file, and cannot require a further showing of good cause. While the court has great discretion in granting …
Article • July 15, 2008
Cincinnati Police Misconduct Settlement Ordered Discloseable Despite Protective Order Or Confidentiality Provision by The Cincinnati Enquirer (Enquirer) sought production in mandamus of a settlement agreement which the appellate court denied in 2002 as exempt "trial preparation" records. The denial was reversed, and the Enquirer was awarded attorney's fees. A U.S. …
Article • June 15, 2008 • from PLN June, 2008
$25.5 Million Awarded in California County Jail Strip Search Suit by John Dannenberg by John E. Dannenberg The County of San Bernardino, California has agreed to settle a federal class action lawsuit filed against its Sheriff’s Department in 2005 for $25.5 million – one of the largest such payouts on …
Indiana APRA Required City to Disclose Settlement Agreement in Civil Action by Counsel for the city of Knightstown, Indiana negotiated a settlement agreement between the city and a female police dispatcher who sued the city and its police department for sexual harassment. A newspaper, called the Knightstown Banner (Banner), requested …
$2 Million Confidential Settlement In CCA Prisoner’s 2004 Beating Death Revealed by Alex Friedmann $2 Million Confidential Settlement In CCA Prisoner's 2004 Beating Death Revealed by Alex Friedmann PLN has previously reported on the death of Estelle Richardson, a mentally ill prisoner who died at the CCA-operated Metro-Davidson County Detention …
Article • May 15, 2008
Seventh Circuit Discusses Heck and Court Access Claims by The plaintiff sought damages for defendants' hindrance of his efforts to litigate a state court collateral attack on his conviction. The rule of Heck v. Humphrey, "which forbids a convicted person to seek damages on any theory that implies that his …
Article • April 15, 2008 • from PLN April, 2008
New Los Angeles County Policy: Keep Lawsuit Settlements Confidential by Lawyers for Los Angeles (L.A.) County have ceased making public their internal memos recommending settlements on major lawsuits against the county because they fear that this information is only encouraging attorneys in other lawsuits to arbitrarily increase their settlement demands. …
Independent Monitor Issues First Report on Delaware Health Care by by David M. Reutter Joshua W. Martin III, the Independent Monitor who is overseeing an agreement between the U.S. Department of Justice (DOJ) and the Delaware Department of Corrections (DDOC), has issued his first semi-annual report. The agreement with the …
Article • February 15, 2008 • from PLN February, 2008
Federal Suit Over Wisconsin Suicide Attempt Settles for Millions by Michael Rigby On February 22, 2007, a lawsuit against employees of the Monroe County Jail in Wisconsin settled for between $6,100,000 and $13,100,000. The suit alleged deliberate indifference in a suicide attempt that left a prisoner permanently disabled In 2002, …
Article • January 15, 2008
Settlement Involving Public Funds Discloseable Absent Contractual Confidentiality or Statutorily Protected Provisions by An anonymous Pennsylvania husband (plaintiff) filed a motion to seal his petition for settlement approval resulting from a malpractice suit following his wife's death. The court denied his motion because the information was made public upon the …
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