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Article • May 15, 2007
Attorney Fee Awards Determined on Case Facts by The United States Supreme Court held that the amount of an attorney fee 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 …
Judicial Immunity Does Not Bar Injunctive Relief or Attorney Fees by The U.S. Supreme Court held that judicial immunity did not preclude issuance of injunctive relief against a Virginia state magistrate nor did it bar the award of attorney fees against her in a civil rights action. Respondents were arrested …
Summary Judgment Inappropriate in Arizona Religion Case by An Arizona state prisoner filed suit in U.S. district court. alleging First Amendment violations by prison authorities. The prisoner was not able to attend Jewish services, had no access to Jewish writings and was not afforded a kosher diet. Prison officials filed …
Article • May 15, 2007
Attorney Fees Allowed Under § 1988 in State Court Suits by The U.S. Supreme Court ruled that 42 U.S.C. § 1983 includes violations of federal law as well as constitutional violations, and that attorney fees could be awarded for such § 1983 violations of federal law under the Civil Rights …
Article • May 15, 2007
Attorney Fee Award, 30 Day Punitive Isolation Limit Upheld by The U.S. Supreme Court affirmed a lower court decision wherein plaintiff prisoners' attorney fees were levied against the Arkansas Department of Correction and limits placed on time spent in punitive isolation. After a U.S. district court found conditions in the …
Article • May 15, 2007
Denial of Physical Therapy States Claim Under 42 U.S.C. §1983 by Denial of Physical Therapy States Claim Under 42 U.S.C. §1983 The U.S. Seventh Circuit Court of Appeals held that denial of physical therapy and pain medication to a paraplegic prisoner stated a colorable constitutional claim under 42 U.S.C. §1983. …
Article • May 15, 2007
Second Circuit Cites Factors for Appointing Counsel for Indigent Litigants by The U.S. Second Circuit Court of Appeals, vacating and remanding a New York district court decision, held that the district court judge abused her discretion in refusing to appoint counsel for an indigent civil litigant. Allen Hodge was arrested …
Reimbursement of Prison Guard's Legal Expenses Denied Despite Verdict by The Ohio Court of Claims, in a case of first impression, denied an Ohio prison guard reimbursement of legal expenses he incurred defending himself in a prisoner's civil rights suit, despite the return of a "not guilty" verdict by a …
Attorney Fee Award in New Jersey Jail Case by The U.S. District Court for the District of New Jersey held that Cape May County Jail prisoners, who won a consent decree in a jail conditions case, were the "prevailing parties" for the purpose of an attorney fee award under the …
Attorney Fee Award in Illinois Medical Suit by The U.S. District Court for the Southern District of Illinois awarded $605,243.00 in fees to attorneys for prisoners at the Menard Correctional Center (MCC) in a case involving denial of medical care. MCC prisoners filed suit under 42 U.S.C. § 1983 and …
$279,000 Harassment Award Upheld in Missouri Nurses' Suit by The Eighth Circuit Court of Appeals upheld judgment against Missouri Department of Corrections (MODOC) officials in favor of nurses who sued for retaliation and sexual harassment. The court also upheld attorney fee awards. Rebecca Hunt and Susan Nurnberg were recruited by …
Expert Witness Fees Allowed Under ADA and RA by The court of appeals for the Ninth circuit held that prevailing plaintiffs are entitled to full expert witness fees under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794. The underlying …
Social Security Claimant Entitled to Attorney Fee Award by The United States Supreme Court held a federal court has power under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), to award a Social Security Claimant attorney's fees for representation provided during administrative proceedings held pursuant to a …
Article • May 15, 2007
Probationer Waives Right to Counsel by The Ninth Circuit Court of Appeals determined that a federal probationer could waive his constitutional right to counsel as given by 18 USC § 300A and the U.S. Constitution. This ruling applies to modification hearing as well. It is well established that Federal probationers, …
Article • May 15, 2007
Prisoners Receive Damages for Beatings by Two prisoners, John Furtado and Gerald Sousa brought a civil rights suit under § 1983 against prison officials, at the Massachusetts Correctional Institution. Both Furtado and Sousa were beaten by guards. Furtado's injuries required hospitalization. Both men sought redress. When prison officials retaliated against …
$21,213.76 in Fees/Costs Awarded for Discovery Sanctions by NY jail Officials by $21,213.76 in Fees/Costs Awarded for Discovery Sanctions by NY jail Officials A federal court in New York awarded $20,950 in fees and $263.76 in costs as a sanction against jail officials related to discovery violations. Gary Smith, a …
Article • May 15, 2007
Sanction Imposed for NY AG's 1-Year Delay in Answering Complaint by A New York federal district court set aside a default judgment in a prisoner's civil rights case, but imposed a $500 sanction for the one- year delay in responding. A prisoner at New York's Woodburns Correctional Facility sued under …
Winning Appeal Not Enough to be Prevailing Party for Fees by The U.S. Supreme Court has held that a party who prevails on an appeal and is granted a new trial is not a prevailing party entitled to an award of attorney fees. This civil rights action was filed by …
Article • May 15, 2007
Segregated and Illiterate Pennsylvania Prisoners Entitled to Legal Aid by A Pennsylvania federal district court held that prison administrators must provide legal assistance to prisoners in segregation and those who are functionally illiterate. This action was filed by prisoners at Pennsylvania's State Correctional Institute at Graterford. The Court entered relief …
Article • May 15, 2007
Prisoner Entitled to Be Present During Opening of Legal Mail Addressed to Him by Prisoner Entitled to Be Present During Opening of Legal Mail Addressed to Him The Seventh Circuit Court of Appeals held that a prisoner's 42 U.S.C. §1983 action that alleges prison officials opened his legal mail outside …
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