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Local Rules Govern Appointment of Counsel in FOIA Case by The court of appeals for the District of Columbia circuit held that a local rule, not 28 U.S.C. § 1915(e)(1) governed the appointment of counsel in a Freedom of Information Act suit brought by a federal prisoner seeking records from …
Article • May 15, 2007
$2,025 Paid in Washington Prisoner's Retaliation Claim by While a prisoner at Washington's Airway Heights Correction Center, Donald W. Miniken received a standard classification hearing on March 1997. At the hearing, Miniken's legal activities were discussed. The hearing resulted in Miniken losing 12 custody points for not programming despite him …
County Liable in Prisoner Death, Individual Defendants Not; $147,000 Jury Verdict Upheld by County Liable in Prisoner Death, Individual Defendants Not; $147,000 Jury Verdict Upheld The U.S. Court of Appeals for the Tenth Circuit held that the level of medical care received by a county jail prisoner was violative of …
$36,150 Award of Attorney Fees in Puerto Rico Prisoner's Death by A Puerto Rico federal District Court awarded $36,150.10 in attorney fees to a law firm that secured a jury award on constitutional violations of $250,000 in compensatory damages, $250,000 in punitive damages and $500,000 on a tort cause of …
Article • May 15, 2007
5th Circuit Remands for Reassessment of Attorney Fees by The U.S. Court of Appeals for the Fifth Circuit held that a prisoner's state assault and battery claim was not merged with his § 1983 claim, the district court erred in limiting attorney fees, and the county was liable for attorney …
Deputy Not Sheriff, Liable for Assault, Attorney Fees by The U.S. District Court for the Northern District of Texas awarded a jail prisoner $500 in compensatory damages, no punitive damages, and $2,500 in attorney fees plus costs in a case involving a deputy sheriff's assault on the prisoner. Donald Williams, …
Article • May 15, 2007
Limited Attorney Fee Award for Partial Victory by The U.S. District Court for the District of Minnesota has held that a plaintiff who successfully challenged a jail strip search policy was the "prevailing party" for purpose of an attorney fee award as outlined in 42 U.S.C.A. §1988. Plaintiff brought a …
Prisoner Prevailing Party, Awarded Attorney Fees by A mental patient imprisoned at a treatment center run by the Massachusetts DOC brought a § 1983 action alleging constitutional violations relating to, among other things, inadequate telephone privileges, right to unopened privileged mail and right to treatment. A Superior Court issued an …
Article • May 15, 2007
Court Has Duty to Appoint Counsel in Appropriate Civil Cases by The Ninth Circuit Court of Appeals ordered a district court to exercise its discretion to request counsel for a civil litigant and inquire whether the litigant was incompetent, which required action be taken to protect his rights. This action …
Article • May 15, 2007
Attorneys Not Entitled To Meet With Cooperating Witnesses by The U.S. Seventh Circuit Court of Appeals held that a legal aid organization and its potential clients (witnesses who were cooperating with. police) had no right requiring the police to inform the client that an attorney representing them was at the …
Fact Issues Preclude Summary Judgment Of Prisoner's Sixth Amendment Claim by The U.S. Ninth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of a prisoner's claim against prison officials for allegedly violating his Sixth Amendment right to self-representation. In 1976, Nevada state prisoner James …
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 …
Article • May 15, 2007
No Constitutional Right To Appointed Counsel In Post Conviction Proceedings by The U.S. Supreme Court held that a Pennsylvania prisoner had no constitutional right to court appointed counsel in postconviction proceedings nor was counsel required to comport with Anders procedures when withdrawing. A Pennsylvania trial court convicted Dorothy Finley of …
Article • May 15, 2007
Sanction Of Nearly $1 Million In Attorney Fees Upheld by The United States Supreme Court held that a district court acted within its authority when imposing attorney fees as a sanction for bad-faith conduct. Russell Chambers, director and lone shareholder of Calcasieu Television and Radio, Inc., agreed to sell his …
Presumed Damage Award Upheld in First Amendment Case by The Sixth Circuit Court of Appeals held that a general damage award is appropriate in a First Amendment case and such an award allows an attorney fee award. This case was brought by a Winchester, Kentucky fireman, who was suspended from …
Dismissal Of Prisoner's Damages Claim For Access To Courts Violations Reversed by The U.S. Seventh Circuit Court of Appeals held that fact issues precluded summary judgment of a Wisconsin prisoner's punitive damages claim against federal prison officials for denial of access to courts. Christian Sahagian, a Wisconsin state prisoner, was …
Article • May 15, 2007
Turner Standard Not Applicable To Attorneys by The United States Court of Appeals for the Third Circuit held that an attorney subjected to restrictions on her speech during visits with clients at a federal prison stated claims under the First and Fourteenth Amendments. Cheryl Sturm, a licensed Pennsylvania attorney, was …
Article • May 15, 2007
Former Prisoner Paralegal's Entry Into BOP Upheld by The Circuit Court of Appeals for the District of Columbia held that the Bureau of Prisons (BOP) may prohibit a former prisoner with a record of disruptive proclivities from entering BOP prisons as a paralegal to interview prisoners. This action was brought …
Article • May 15, 2007
Prevailing Party Entitled to Attorney Fees in Most Cases by The Washington Supreme Court held that a prevailing party in a 42 U.S.C. § 1983 action is generally entitled to attorney fees under 42 U.S.C. § 1988, unless special circumstances exist which would render the award of such fees unjust. …
Colorado Prisoners Awarded $45,466 In Attorney Fees And Costs by The U.S. District Court for the District of Colorado held that prisoners who had settled their civil rights lawsuit over conditions of confinement were entitled to attorney fees. Plaintiffs, prisoners confined in the Rifle Correctional Center, brought civil rights action …
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