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Kansas DOC Ban on Bare Buttocks Magazines Questioned by A Kansas federal district court granted prison officials summary judgment on a procedural due process claim and ordered further discovery in a civil rights action alleging First Amendment violation for banning publications that depict bare buttocks. In granting prison officials partial …
Mattan v. Obama, DC, Reply to Motion for Recusal, Guantanamo Bay, 2010 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA MOHAMMED ABDULLAH TAHA MATTAN (ABDAL RAZAK ALI) Petitioners, No: 09- 745 (RCL) vs. BARACK OBAMA, et al, Respondents. PETITIONER ABDAL RAZAK ALI’S REPLY TO MOTION FOR RECUSAL Now comes the Petitioner, …
District Court May Order Martinez Report, Ninth Circuit Holds by A federal district court has the discretion to order the preparation of a Martinez report, the U.S. Court of Appeals for the Ninth Circuit decide. Robert Tuzon, an Arizona prisoner, sued various state prison officials alleging that (1) staff had …
Fifth Circuit Reinstates Texas Prisoner’s Failure-to-Protect Suit by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals reversed in part a district court’s dismissal of a prisoner’s failure-to-protect suit, though the case lost at trial after remand. Ernesto R. Hinojosa, Sr., a Texas state prisoner, was housed in …
Article • January 15, 2010 • from PLN January, 2010
Discovery Disputes in Suit Over Pennsylvania Jail MRSA Deaths by Matthew Clarke by Matt Clarke A Pennsylvania federal court has ordered medical personnel to answer deposition questions in a case involving the deaths of two prisoners due to MRSA at the Allegheny County jail. The court also appointed a special …
Article • January 15, 2010
Judge Permits Medical Exam of Prisoner at ADX by U.S. Magistrate Judge Kathleen M. Tafoya has granted in part and denied in part a motion seeking to inspect two federal prisons, and to examine a prisoner incarcerated there. Thomas Silverstein has been in segregation over 22 years for killing Bureau …
Article • January 15, 2010
Tenth Circuit Reverses Discovery Order In FOIA Case by On July 2, 2009, the U.S. Court of Appeals for the Tenth Circuit reversed a discovery order in a Freedom of Information Act (FOIA) suit permitting depositions of two federal prisoners who allegedly had knowledge of records withheld by the FBI …
Experts Designated and Defendants Ordered to Give Plaintiffs' Attorneys Access to Jails and Records in Maricopa County Jail Medical Suit by On January 28, 2009, a Phoenix federal judge appointed experts to evaluate medical and mental health care in the Maricopa County, Arizona jails, and assist in developing a remedial …
Article • September 15, 2009
Houston Police Department Motion for Protective Order Denied by On October 10, 2008, A Texas district court declined to grant a full protective order restricting discovery filed by the Houston Police Department (HPD) in a case stemming from the fatal shooting of Roland Carnaby by two Houston police officers, Charles …
Absent Claim for Emotional Damages, Prisoner’s Psychotherapist-Patient Privilege Remains Intact by The Second Circuit U.S. Court of Appeals has entered a detailed opinion on the issue of psychotherapist-patient privilege when a district court is confronted with a request by prison officials to obtain a prisoner’s psychiatric records in discovery in …
Article • August 15, 2009 • from PLN August, 2009
Prolonged Bench Restraint and Excessive Pepper Spraying Requires Trial by The Eighth Circuit Court of Appeals has reversed a grant of summary judgment to prison officials in a prisoner’s lawsuit alleging Eighth Amendment violations when guards restrained him on a bench for 24 hours for refusing to accept a cell …
Brief • August 1, 2009
Jackson et al v. City of Pittsburg, CA, Plf Requests for PoD to Def, disclosure of internal police records, 2009 1 2 3 4 5 6 LAW OFFICES OF PANOS LAGOS Panos Lagos, Esq. / SBN 61821 5032 Woodminster Lane Oakland, CA 94602 (510)530-4078 (510)530-4725/FAX panoslagos@aol.com Attorney for Plaintiffs, FREDERICK …
Supreme Court Holds Supervisory Officials Not Liable for Abuse of 9-11 Detainees by Matthew Clarke by Matt Clarke On June 14, 2007, the Second Circuit Court of Appeals affirmed in part and reversed in part a district court’s denial of the government’s motion to dismiss a lawsuit alleging abuse of …
Article • July 15, 2009
Protective Order Entered in Hepatitis C Cases by U.S. Magistrate Judge Joel B. Rosen has entered a protective order in a group of lawsuits challenging the New Jersey Department of Corrections’ (NJDOC) policies regarding the screening and treatment of Hepatitis C. The protective order was entered with the consent of …
Protective Order Entered to Protect Against Disclosure of Information Regarding Immigration Detainees by U.S. Magistrate Judge P. Michael Mahoney has entered a protective order in a case over the adequacy of medical care provided to a now deceased Immigration and Customs Enforcement (ICE) detainee. Judge Mahoney’s protective order came after …
Article • July 15, 2009
Court Rejects Self-Analysis Privilege; Orders Jail Officials to Comply with Subpoena by U.S. Magistrate Judge Diane Welsh has granted a motion to enforce a subpoena for records in a class action suit challenging the adequacy of medical care at the Bucks County Correctional Facility in Pennsylvania. The plaintiffs served a …
Eighth Circuit Allows Termination of Minnesota Prison Health Care Consent Decree by On November 21, 2008, the Eighth Circuit Court of Appeals affirmed a federal district court's order terminating the Hines Consent Decree covering prison medical care in the Minnesota Department of Corrections (DOC). In 1973, Howard Lansing Hines and …
Michigan Jail Officials Lied and Hid Documents in Lawsuit Over Prisoner’s Death by David Reutter Michigan Jail Officials Lied and Hid Documents in Lawsuit Over Prisoner’s Death by David M. Reutter On the eve of trial, a Michigan U.S. District Court adjourned a civil rights suit to reopen fact finding …
Article • June 15, 2009 • from PLN June, 2009
Amnesty International Sources Given Journalistic Protection by Amnesty International Sources Given Journalistic Protection A New York federal judge held that sources used by Amnesty International (Amnesty) in drafting a report on conditions of confinement at the Metropolitan Detention Center (MDC) in Brooklyn, New York were entitled to the same protection …
Guards Presence Not Necessary During Deposition in Georgia by A Georgia federal district court has held that refusal to participate in a deposition is not sufficient to warrant dismissal. This case was filed by prisoner Stanley Farley for a retaliatory beating by guards at Georgia State Prison. He was beaten …
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