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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 …
Article • May 15, 2007
No Attorney Fee Award After Timely Offer Of Settlement by The U.S. Supreme Court held that Illinois police officers who had made a timely settlement offer before trial were not responsible for attorney fees incurred by Respondent after the offer. Respondent brought action under 42 U.S.C. § 1983 and state …
Attorney Fees Awarded to Counsel That Withdrew Prior to Trial; Beating Damage Award Upheld by Attorney Fees Awarded to Counsel That Withdrew Prior to Trial; Beating Damage Award Upheld The Third Circuit Court of Appeals held a prevailing plaintiff is entitled to the award of attorney fees for services that …
Article • May 15, 2007
Collect Only Telephone Calls to Attorneys Denies Access to Counsel by The California First District Court of Appeal has held that pre-trial detainee's have a right to a direct line telephone to the public defender's office (PDO). The Court found that a newly installed collect-only phone system denied jail prisoners …
Article • May 15, 2007
$6,722 Paid in Improper Lien for WA Attorney Costs by Washington Prisoners Thomas W.S Richey, David E. Jirvoec, and Donald D. Hemphill had their prisoner accounts frozen for assessment of liens for attorney costs related to litigation they had engaged in. However, the cost awards were never made by a …
Alabama Jail Totality Of Conditions Suit by The US District Court Of Alabama ruled on a action brought by the prisoners at the Choctaw County jail. The prisoners complained of numerous violations of state codes for safety, and violations of their constitutional right to be free from cruel and unusual …
$51,050 Paid in WA Retaliation Claim by Mark Wayne Clark had previously prevailed in a retaliation lawsuit against Sgt. Patrick O'Conner while at the Washington State Penitentiary when he was placed in O'Conner's unit at the prison. Shortly thereafter, O'Conner began harassing Clark and instituted disciplinary proceedings stating Clark had …
Civilly Committed Sexually Violent Predator Not Entitled to Anders Appellate Counsel Rights by Civilly Committed Sexually Violent Predator Not Entitled to Anders Appellate Counsel Rights The California Court of Appeal held that a sexually violent predator (SVP) who appealed his biennial civil recommitment to Atascadero State Hospital (ASH) was not …
Indigents Cannot be Denied Post-Conviction Transcripts or Appeals by The United States Supreme Court held that a state may not deny post-conviction appellate review to a prisoner, who could not afford the to acquire a transcript of the proceedings. Oddly, this case stems from the 1945 Indiana enactment of the …
Attorney Fee Awards Determined on Case Facts by The United States Supreme Court held that the amount of an attorney award, under 42 U.S.C. § 1988, must be determined on the facts specific for the case, that success on the various issues is a crucial factor, and that such awards …
Article • May 15, 2007
Attorney/Client Privileged Waived When Conversation Knowingly Recorded; Interstate Commerce Proven With De Minimus Effect by Attorney/Client Privileged Waived When Conversation Knowingly Recorded; Interstate Commerce Proven With De Minimus Effect The Eighth Circuit Court of Appeals held the government proved that robberies of a jewelry store affected interstate commerce and the …
Article • May 15, 2007
Filed under: Attorneys, Public Defenders
Public Defender not Actor Under Color of State Law for Withdrawing from Appeal by The U.S. Supreme Court held a public defender cannot be held liable under 42 U.S.C §1983 for moving to withdraw from a criminal defendant's appeal on the grounds the defendant's appeal and claims are frivolous. An …
Article • May 15, 2007
CO Prisoners Need Not Obtain Post-Conviction Relief Before Filing Malpractice Suit Against Trial Lawyers by Geoffrey Rantz was convicted in a Colorado court of sexually assaulting two boys and sentenced to sixty-years in prison. While his case was on appeal, Rantz filed a malpractice suit against his trial lawyers. The …
Article • May 15, 2007
$276,163 Award of Costs and Fees in Iowa Juvenile Detention Case by An Iowa federal District Court, in a pre-PLRA case, awarded $276,163.09 in attorney fees and costs in an action challenging juvenile detention and jailing practices in Webster County, Iowa. The litigation's history can be found at: Hendrickson v. …
California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns by John E Dannenberg California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns by John E. Dannenberg Sacramento, California attorney Richard Hale Dangler, Jr. was assessed $46,750 by the California Court of Appeal and forced to resign …
Article • May 15, 2007
State Appointment and Compensation of Attorneys in Federal Action Upheld by The United States Court of Appeals for the Seventh Circuit held that legal counsel appointed in Illinois state court were legally appointed in state court and compensated by state court order in a federal civil rights action. Joan Schmude, …
Article • May 15, 2007
Attorney Fee Rates Determined by Judicial District by Fees are awarded at $300 an hour for a civil rights lawyer with 22 years' experience and $200 an hour for a seventh-year associate. New York City rates are appropriate in this suburban lawsuit even though the lawyers have their office in …
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