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Article • May 15, 2007
Los Angeles Lump Sum Settlement Policy Enjoined by The plaintiff was entitled to a preliminary injunction on her claim that, as to her case, the county's policy of offering only lump sum settlements (i.e., covering damages and attorneys' fees) violated federal law. The Supreme Court's decision in Jeff D. v. …
Article • May 15, 2007
Public Right To Judicial Proceedings Outweighs Private Parties' Confidentiality Agreements by Public Right To Judicial Proceedings Outweighs Private Parties' Confidentiality Agreements East Coast Media Companies appealed a sealing order by New Jersey Superior Court's Law Division for private parties' contractual agreements and court documents relating to an alternative dispute resolution. …
Connecticut Prisoner's Suit Reopened by The U.S. District Court for the District of Connecticut, citing Federal Rule of Civil Procedure (Fed.R.Civ.Proc.) 60(b)(6), held that a Connecticut state prisoner could reopen his federal civil rights suit that had been previously dismissed. Stephen Smith, a prisoner in custody of the Connecticut Department …
Article • May 15, 2007
Settlements Are Public Records in California by California's Fourth District Court of Appeals affirmed a trial court's order requiring Orange County to release documents related to the settlement of a lawsuit brought by a pre-trial detainee at the county's jail. The detainee, a convicted child molester, claimed the county negligently …
Article • May 15, 2007
Settlements Are Public Records by The court of appeals for the Seventh circuit held that civil rights settlements are public records and their disclosure to the public is protected by the free speech and free press clauses of the First amendment. The limited exceptions for secrecy in court records are …
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 …
Article • May 15, 2007
Courts Can Enforce Settlements by When a court retains jurisdiction to enforce a settlement agreement, it may extend the life of that agreement in order to obtain compliance with it, even if the agreement contained a defined end date. The Eleventh Amendment did not forbid further relief, since the defendants …
Article • May 15, 2007
Courts Can Enforce Stipulated Settlements by The plaintiff, a part-time building code enforcement officer, alleged that he had been discharged in violation of the First Amendment. He obtained a "so ordered" settlement agreement granting reinstatement, back pay, and attorneys' fees. Subsequently the village changed its policy concerning part-time work so …
Article • May 15, 2007
Court Lacks Jurisdiction to Enforce Settlement by An order which said that the case had been settled and was dismissed without prejudice to reinstate it if the settlement was not consummated did not confer jurisdiction on the district court in Pennsylvania to enforce the settlement. The court notes that it …
PLN Uncovers Secret Sweetheart Settlement Between PRIDE and Former Board Members by David Reutter by David M. Reutter In its continual effort to expose corruption within prisons, PLN has uncovered the confidential settlement between Florida?s Prison Rehabilitation Industries and Diversified Industries (PRIDE) and the corporations spawned by its former directors? …
No Immediate Appeals for Injunction Clarifications by by Matthew T. Clarke This appeal involves the latest round in a Byzantine conditions-of-confinement class-action civil rights suit by Puerto Rico prisoners which has been pending since 1979. At issue was the transition of the prisoner health care system from the jurisdiction of …
Contempt Order Extends Life of Georgia Jail Settlement Agreement by Georgia's Third Division Court of Appeals has held that the failure to purge a contempt finding was sufficient to extend the duration of a settlement agreement. The Georgia trial court found that Dekalb County and various county officials had failed …
Article • May 15, 2007
NJ Parole Class Action Settled by A U.S. District Court for New Jersey held that a group of New Jersey state prisoners, who were seeking injunctive relief from the state's Parole Board for its consistent failure to conduct timely parole hearings, warranted certification as a class action for the purpose …
Article • May 15, 2007
Plaintiffs Awarded Attorney Fees For Criminal Defense In § 1983 Action by Plaintiffs Awarded Attorney Fees For Criminal Defense In § 1983 Action The United States District Court for the Central District of California, in ruling on a novel issue in the Ninth Circuit, held that a plaintiff in a …
NCDOC Discriminates Against Female Guards by In December of 1993, the United States filed suit against the North Carolina Department of Correction (NCDOC) in a federal district court. The suit alleged that the NCDOC was discriminating against women in terms of its promotion and hiring practices, in violation of U.S.C. …
Article • May 15, 2007
Regret Expression Issued for Improper Arrest by On December 15, 1995, Texas' Grand Prarie police SWAT team burst into 18-year-old Bryan McMillen's parents' house and put guns to McMillen's head while awaking him from bed. Their purpose was to arrest him for the murder of Adrianne Jones, whose boyfriend said …
Article • May 15, 2007
Release-Dismissal Agreements Bars Further Law Suits by The U.S. Supreme Court held that a voluntary release-dismissal voids future lawsuits. In 1993, David Champy was indicted by a Rockingham County, New Hampshire grand jury for aggravated felonious sexual assault. A friend of Champy, Bernard Rumery, read about the charges in a …
Individual Class Action Settlement Notice Not Required by The Eighth Circuit Court of Appeals has held that individual notice to each prisoner in a class action is not required and a district court's unexplained failure to set forth reasons or evidence to show the settlement was fair did not render …
Attorney's Must Have Express Authorization To Enter Into Settlement Agreements by In January 1995, Illinois State prisoner Donchii Malone was transferred to Stateville prison where he learned of a contract out on his life. Malone reported this to Warden Godinez and requested transfer to protective custody. Neither happened. A week …
Article • May 15, 2007
Class Representatives Have Standing to Enforce Settlements by Class representatives moved to enforce a settlement, and the motion was opposed on the ground that they had not personally suffered the injuries set out in the motion and therefore lacked standing. At 173 n.10: Although, upon certification of a class, the …
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