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CA Attorney General May be Sanctioned for Lying in Prison Case by A defense attorney in prison litigation who made reckless misstatements of law or fact could be sanctioned under the court's inherent powers when recklessness was combined with frivolousness, harassment, or improper purpose. Here, a conditional habeas judgment said …
Article • May 15, 2007
$282,500 Awarded in NY False Arrest and Beating Suit by In a police false arrest/excessive force case, the court awarded $275,000 in compensatory damages and $7500 in punitive damages, and found that the City maintained a municipal policy and practice that had caused the violation. Fees are awarded up to …
Article • May 15, 2007
Free Speech Protects Right to Hire, Consult with Counsel by At 324: "The right to hire and consult an attorney is protected by the First Amendment's guarantee of freedom of speech, association and petition. . . ." "[T]he First Amendment prohibits the state from interfering with collective action by individuals …
Article • May 15, 2007
Lawyers Must be Allowed Access to Indigent Interrogatees by The following decision was stayed, appeal was expedited, and the decision was promptly reversed on the merits in a highly instructive opinion by Judge Easterbrook. 319 F.3d 967 (7th Cir. 2003). Chicago has a legal aid agency created specifically to provide …
Article • May 15, 2007
Attorney Fees Available for Nursing Home Settlement Monitoring by Buckhannon does not control the compensability of post-judgment monitoring efforts in this case, since the settlement itself provides for monitoring. The plaintiffs' counsel's obligation to protect the interests of the class did not evaporate when the settlement was reached. The court …
Article • May 15, 2007
Lack of Indigent Defense in Oregon Suit Dismissed As Moot by Oregon had a budget crisis, so inter alia it suspended criminal proceedings against indigents and did not provide counsel for them. The district court abstained under Younger, and the court now dismisses as moot because the courts are back …
Article • May 15, 2007
Pro Se Prisoner Ordered to Produce Court Access Claim Discovery by The pro se plaintiff is directed to comply with various discovery requests. A party cannot refuse discovery on the ground that the adverse party already has the requested information or on the ground that the information can be gleaned …
Article • May 15, 2007
No Counsel Appointed in PLRA Filing Fee Suit by The plaintiff alleged that the defendants improperly applied the PLRA filing fee procedure to freeze his account entirely when he had five filing fees to pay, i.e., taking 100% of his funds rather than the one filing fee and one cost …
$54,000 Attorney Fees Awarded in Indiana Disability Discrimination Suit by An Indiana federal district court has awarded $54,000 in attorney fees and costs in a prisoner's disability discrimination lawsuit. The award came after a $5,000 summary judgment settlement between the parties. James Kennington was arrested and booked into Indiana's Marion …
$40,000 Assessed Against WA DOC For Failure To Release Contract Medical Provider's Records by $40,000 Assessed Against WA DOC For Failure To Release Contract Medical Provider's Records Columbia Legal Services (CLS) brought action against the Washington State Department of Corrections (DOC) in 2003 for not providing public record documents requested …
Attorney Fees Awarded in NY Police Brutality Suit by In a police false arrest/excessive force case, the court awarded $275,000 in compensatory damages and $7,500 in punitive damages, and found that the City maintained a municipal policy and practice that had caused the violation. Fees are awarded up to $200 …
$825,000 Attorney Fee Award in Maine Strip-Search Settlement by In a class action strip-search case that settled for $3.3 million, a federal court in Maine awarded class counsel attorney fees totaling 25 percent of the settlement, or $825,000. The court directed counsel to provide documentation supporting accrued and projected litigation …
Article • May 15, 2007 • from PLN May, 2007
Doing “Katrina Time” by Bob Williams Doing "Katrina Time" by Bob Williams Last month, PLN's cover story addressed the terrors and tribulations faced by prisoners when Hurricane Katrina devastated New Orleans on August 29, 2005 -- not just the horrors of the storm, but also the brutality and abuse inflicted …
$143,774.55 Attorney Fee and Costs Award in New York EMSA Suit by Matthew Clarke by Matthew T. Clarke On May 16, 2006, a New York federal district court magistrate recommended awarding $143,774.55 in attorney fees and costs to the attorneys who represented a prisoner in a civil rights action. Byron …
AL Jail Fined for Violating Population Cap by A federal district court in Alabama issued an order fining the Mobile County, Alabama, jail $5,000 a day for failing to comply with a jail population limit. The court had previously found that overcrowding at the jail was so severe that it …
Article • May 15, 2007
Attorney Fees Awarded in NV Legal Access Suit by A federal district court in Nevada granted a prisoner plaintiff's motion for attorney fees of $6,838.98 after successfully forcing the Nevada State Prison to maintain certain levels of legal materials at the prison. See the underlying case at Morgan v. Nevada …
Louisiana Jail Sanctioned with Contempt, Fines and Attorney Fees by Louisiana Jail Sanctioned With Contempt, Fines and Attorney Fees A federal district court in Louisiana fined the Bienville parish jail, sheriff, police and the state of Louisiana $l2,000 plus $1,000 per day the jail was not in compliance with a …
BOP Liable for Medical Neglect under State Tort Law by BOP Liable for Medical Neglect Under State Tort Law A federal district court in Pennsylvania held that the Bureau of Prisons (BOP) was liable under the Federal Tort Claims Act for injuries a federal prisoner suffered as a result of …
Counsel Appointed in Conditions Suit by A federal district court in New York entered an order appointing counsel to represent New York prisoners who filed suit claiming raw sewage backed up on prison floors when it rained, that they were fed "gruel" and that prison rapes and assaults were common …
Article • May 15, 2007
Too Low Attorney Fee Award in Jail Beating Vacated by Too Low Attorney Fee Award in Jail Beating vacated The court of appeals for the Fifth circuit affirmed in part, reversed in part and remanded a jury verdict and attorney fee award entered by a district court in Texas. The …
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