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New Trial for Improper Voir Dire by California state prisoner Floyd Scott claimed that prison officials used excessive force in physically restraining him after he attacked a guard. The case went to trial and the jury returned a verdict in favor of the defendant prison officials. Scott appealed claiming that …
Article • January 15, 1995 • from PLN January, 1995
Discriminatory Jury Selection Reversed by In the September, 1994, issue of PLN we reported on the unconstitutionality of racially discriminatory jury discrimination with regards to criminal trials. The right to a jury composed of members of the community also applies to civil rights suits. Frederick Davidson, a black Missouri state …
Article • September 15, 1994 • from PLN September, 1994
Filed under: Civil Procedure, Juries
Juries Tougher on Prisoner Litigators in Big Law Suits by Dale Gardner In this land of big lawsuits, the growth of multimillion dollar jury awards may have been halted. Juries nationwide have become tougher on people who sue doctors, insurance companies, and prison officials--siding less often with the plaintiffs. There …
Article • September 15, 1994 • from PLN September, 1994
The Unconstitutionality of Discriminatory Jury Selection by Emmet Jones The foundation for an analysis of the right to be a juror, or be tried by a jury of peers is securely rooted in the Sixth and Fourteenth Amendments of the U.S. Constitution. The Sixth Amendment prohibits any substantial under-representation of …
Article • September 15, 1994 • from PLN September, 1994
Michigan Prisoner Challenges Jury Selection Process by Dan Pens PLN rarely reports on criminal law cases, but when we think one will interest our readers we print it. Such is the case with an interesting legal struggle going on in Michigan. PLN reader Emmett Jones (see his article on page …
Prisoners Have Right to Jury from Community by Emmanuel Mitchell is a Tennessee state prisoner. He sued prison officials claiming excessive use of force and placement in an unsanitary cell. After a jury trial judgment was entered in favor of prison officials, Mitchell filed a motion for a new trial …
Article • June 15, 1994 • from PLN June, 1994
Evidentiary Hearing Cannot Replace Trial in Beating Suit by Clifton Johnson is an Arkansas state prisoner. He filed suit under 42 U.S.C. § 1983 alleging that prison guards had beat, kicked and stomped him without provocation when he requested his property in the prison segregation unit. A magistrate held an …
Article • February 15, 1994 • from PLN February, 1994
Shackling of Con Litigants Discussed by Joe Woods is an Illinois state prisoner. He sued prison officials claiming his eighth amendment rights were violated when they did not feed him for two days during a lockdown. A jury ruled in favor of the prison official defendants. Woods appealed claiming that …
Florida Conditions Victory Reversed by This 42 U.S.C. § 1983 case was initiated by ten present and former prisoners at Glades Correctional Institution (GCI) in Florida. They sought money damages and injunctive relief for cruel and unusual punishment and other unconstitutional conditions of confinement. The district court held a trial …
Article • August 15, 1993 • from PLN August, 1993
Shackling Plainitff Violates Right to Fair Trial by Edward Lemons is an Illinois state prisoner. He claimed that while in segregation he was attacked and severely beaten by prison guards. When his case went to trial the judge went along with the defendant's request that Lemons be handcuffed and manacled …
Judge Cannot Make Credibility Findings by Roland Pettengill is an Arkansas state prisoner. While in segregation he went to yard. Before entering the yard he alerted sergeant George Veasey that an enemy of his was in the yard. Veasey gave Pettengill the choice of going to yard with his enemy …
Jury Must Be Asked If Prisoner Testimony Credible by Jeffrey Rainey was a North Carolina pretrial detainee. He claimed that in the course of a dispute with a jail guard the guard used excessive force against him by slamming him into a wall three times, injuring his back. He filed …
Article • September 15, 1992 • from PLN September, 1992
Jury Trial Required for Ad-Seg Claim by John Dell-Orfano was arrested and held in administrative segregation (ad seg) in the Suffolk County jail in New York. Before being placed in ad seg he did not receive any type of hearing, notice or opportunity to dispute the placement. He filed suit …
Article • July 15, 1992 • from PLN July, 1992
Fully Informed Jury Project by G J I wanted to write and say your newsletter is alright! I like being able to see the newest decisions that are coming down, to see how much more rights we are loosing, and losing them we are. I have something your readers might …
Article • July 15, 1992 • from PLN July, 1992
Prisoner Litigants May Be Shackled in Court by Winston Holloway is an Arkansas prisoner who filed suit under § 1983 claiming that living conditions in the state prison's segregation unit violated the eighth amendment. At trial the jury ruled in favor of prison officials on all claims. On appeal Holloway …
Article • November 15, 1990 • from PLN November, 1990
Fully Informed Jury Amendment by FULLY INFORMED JURY AMENDMENT FIJA is a national group which seeks to put laws on the books in all 50 states which will inform juries that they have the right to return not guilty verdicts if the ends of justice would not be served by …
Most Punished for Exercising Right to Jury Trial by MOST PUNISHED FOR EXERCISING RIGHT TO JURY TRIAL In 89% of the estimated 583,000 felony convictions in state courts during 1986, the defendant pleaded guilty instead of standing trial before a judge or jury, the U.S. Justice Department's Bureau of Justice …
Publication
Filed under: Civil Procedure, Juries
Journal of Const Law Instructing Juries on Punitive Damages 2008 INSTRUCTING JURIES ON PUNITIVE DAMAGES: DUE PROCESS REVISITED AFTER PHILIP MORRIS V. WILLIAMS * Sheila B. Scheuerman ** Anthony J. Franze INTRODUCTION Amidst the debate over tort reform—from the annual report on 1 “Judicial Hellholes” to the rankings of the …
Publication
Filed under: Civil Procedure, Juries
Npap David Ball on Damages in Civil Rights Cases 2009 David Ball on Damages in Civil Rights Cases National Police Accountability Project A Project of the National Lawyers Guild Thursday, October 15, 2009 Marriott Renaissance Hotel Seattle Seattle, WA 98104 October 15, 2009 Dear CLE Participant: National Police Accountability Project …
Publication
Filed under: Civil Procedure, Juries
Doj Settlement Ms Re Ada Deaf Jury Service 1996
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