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Article • February 15, 2012
PLRA Limits Attorney Fee Award to $7,500; Prisoner Required to Pay Part of Fees by Brandon Sample On December 17, 2007, U.S. District Court Judge James K. Singleton, Jr. awarded $7,500 in attorney fees following a jury verdict that found New York prison officials had violated the First Amendment in …
Sovereign Immunity Withstands RLUIPA; Jewish Succah may be Permissible Religious Exercise by Sovereign Immunity Withstands RLUIPA; Jewish Succah May be Permissible Religious Exercise by David M. Reutter The Religious Land Use and Institutionalized Persons Act (RLUIPA) does not waive a state’s Eleventh Amendment sovereign immunity from suit for monetary damages. …
Brief • January 1, 2012
Filed under: Damages, Wrongful Death
Escabedo v. Martin, IN, Proposed Jury Instruction - Loss of Life Damages, 2012 Proposed Jury Instruction No. 17: If you find in favor of Plaintiff, then you must determine the amount of money that will fairly compensate Plaintiff for any injury that you find Plaintiff sustained as a direct result …
Article • November 15, 2011
Appeals Court Upholds $250,000 Damage Award in Federal Worker's Civil Rights Case, Expert Testimony Not Required to Corroborate Claim of Emotional Distress by The Third Circuit U.S. Court of Appeals has upheld the award of $250,001 to Russell Bolden, who was discharged from his position at Southeastern Pennsylvania Transportation Authority, …
Article • November 15, 2011
Ohio Supreme Court Affirms Denial of Public Records Damages to Prisoner by On December 1, 2010, the Supreme Court of Ohio issued and opinion affirming a court of appeals decision denying statutory damages to a prisoner who prevailed against prison officials in a public records mandamus action. Lambert Dehler, an …
Sixth Circuit Upholds $2.5 Million Jury Award for Wrongly Convicted Women by Matthew Clarke By Matt Clarke On April 12,2011, the Sixth Circuit Court of Appeals issued an opinion upholding the $2.5 million jury award and $250-per-hour attorney-fees award to two women who were wrongly convicted of felonies. Kimberly Sykes …
Brief • November 14, 2011
Moreno v. City of Concord, CA, Complaint, Unlawful Arrest, 2011 1 Andrew C. Schwartz (State Bar No. 64578) CASPER, MEADOWS, SCHWARTZ & COOK 2 A Professional Corporation 3 4 5 6 7 8 2121 North California Blvd., Suite 1020 Walnut Creek, California 94596 Telephone: (925) 947-1147 Facsimile: (925) 947-1133 schwartz@cmslaw.com …
Smith v. City of Oakland, Order Approving Punitive Damages, Public Parole Strip Search, 2011 Case3:07-cv-06298-MHP Document82 Filed11/03/11 Page1 of 9 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 No. 07-6298 MHP JOHN SMITH, KIRBY BRADSHAW, SPENCER LUCAS, et al., United States …
90% Remittitur of $750,000 Strip Search Verdict Vacated; Plaintiffs Accept $440,385.08 on Remand by Mark Wilson On June 30, 2010, the Eighth Circuit Court of Appeals held that a district court had abused its discretion in reducing a $750,000 jury award to $75,000 in a case raising illegal strip search …
Brief • October 3, 2011
Cox v. County of Otero, NM, Settlement, Excessive Force - Beating, 2011 FULL RELEASE, SETTLEMENT, AND INDEMNITY AGREEMENT For the sole consideration of Twenty Thousand Five Hundred Dollars ($20,500.00), the receipt and sufficiency of which are hereby acknowledged, MICHAEL COX, on his own behalf and on behalf of his heirs, …
Article • September 15, 2011
Washington Arbitration Awards Don't Accrue Interest until Reduced to Judgment by The Washington state Department of Corrections (DOC) contracted with Fluor Daniel, Inc. to build a prison. But later contract disputes resulted in litigation. Arbitration resulted in an award to Fluor of $5,997,645 which was reduced to judgment shortly thereafter …
Canada's Supreme Court Reduces Award To Ex-Prisoner Sexually Assaulted By Guard by On February 8, 2008, the Supreme Court of Canada issued a unanimous ruling reducing by almost half the award given an ex-prisoner who was a youthful victim of a sexual predator guard. When he was 18, Dean Zastowny …
Article • September 15, 2011
Prisoners Must Resort to Habeas First before Settling Relief under the Privacy Act when Attacking a Prison Disciplinary Conviction that Involves the Loss of Good Time by Federal prisoners may not seek monetary damages via the Privacy Act when the requested relief, if granted, would necessarily imply the invalidity of …
Article • September 15, 2011
Fourth Circuit: Virginia Not Immune from RLUIPA Suit by On December 29, 2006, the Fourth Circuit Court of Appeals held that the Religious Land Use and Institutionalized Persons Act (RLUIPA) was a valid exercise of Congress’ spending powers and that the State of Virginia was subject to its requirements because …
U.S. Supreme Court: No Monetary Damages Against States Under RLUIPA by On April 20, 2011, the U.S. Supreme Court ruled that state sovereign immunity bars recovery of monetary damages under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc, et seq. Harvey Leroy Sossamon III, a …
Article • August 15, 2011 • from PLN August, 2011
Provision in Florida Law Prohibits Compensation to Wrongfully Convicted by David Reutter by David M. Reutter A “clean hands” provision in a Florida law designed to compensate wrongfully convicted prisoners is preventing most of those prisoners from receiving compensation. Of 13 men cleared by DNA evidence in Florida, only one …
Ninth Circuit: Despite Award of Only Nominal Damages, Attorney Fees Appropriate in § 1983 Wrongful Death Suit by Ninth Circuit: Despite Award of Only Nominal Damages, Attorney Fees Appropriate in § 1983 Wrongful Death Suit Despite a jury’s award of only nominal damages, the Ninth Circuit affirmed the award of …
Massachusetts Supreme Judicial Court Clarifies Erroneous Conviction Claims by Matthew Clarke by Matt Clarke On November 23, 2010, the Massachusetts Supreme Judicial Court issued a pair of opinions that clarify the requirements for suing the state for compensation following an erroneous conviction. Specifically, the Court clarified the requirement that the …
Article • April 15, 2011
Medical Malpractice Damages Caps Unconstitutional in Illinois by On February 4, 2010, the Illinois Supreme Court filed its opinion invalidating Public Act 94-677 (Act) and, more specifically, section 2-1706.5 of the Code of Civil Procedure, which sets caps on noneconomic damages in medical malpractice suits. This appeal stems from a …
Brief • April 7, 2011
Cox v. County of Otero, NM, Complaint, Excessive Force - Beating, 2011 Case 2:11-cv-00296-WPL -LAM Document 1 Filed 04/07/11 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MICHAEL COX Plaintiff, v. No. -------- BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF OTERO, …
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