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Article • May 15, 2007
DC Circuit Awards Fees in CIA FOIA Suit by The Court of Appeals for the District of Columbia has held that the appellee in this case was a prevailing party in a lawsuit to enforce his request under the Freedom of Information Act (FOIA), and remanded to determine if he …
Article • May 15, 2007
MN Lawyers Disciplined for Misuse of Legal Correspondence with Prisoner by In 2003-04, Eric C. Thole was a prosecuting attorney and John Lillie was a criminal defense attorney, both in Washington County, Minnesota. They established a capital ventures firm in partnership with Matthew Runningshield, who was serving time in a …
Article • May 15, 2007
Fed. Parolee's Waiver of Right to Counsel at Revocation Hearing Must be Knowing and Voluntary under the Circumstances by Fed. Parolee's Waiver of Right to Counsel at Revocation Hearing Must be Knowing and Voluntary under the Circumstances Tony Hodges, a federal parolee, was summoned to a federal district court for …
Article • May 15, 2007
Attorney Fees Allowed in Defending Decree from Attack by An original prevailing party who later defends a decree against a collateral attack in a separate action may be awarded fees based on its original prevailing party status if the work was "useful and of a type ordinarily necessary to secure …
Article • May 15, 2007
Attorney Sanction for Failure to Comply with Pretrial Orders Upheld by Both plaintiff's and defendants' attorneys were sanctioned for failing to comply with the court's pre-trial order procedures, and plaintiff's attorney appealed (defense counsel's motion to vacate was still pending in the district court). At 125-26: A court has the …
Article • May 15, 2007
Undisclosed Settlement in Arizona Mistaken Identity Arrest by Tiburcio Serna Galvan was an agricultural worker when he was arrested in August 1995 in the state of Washington on an Arizona narcotics/traffic warrant. Prior to his arrest, his wallet and identification was stolen. After he was transported to Arizona's Maricopa County …
Article • May 15, 2007
Work Privilege Discussed by At 332: Factual information cannot be given "privileged" status merely because an attorney communicated the facts to the client or because the client communicated the facts to the attorney. For example, providing preexisting documents to an attorney does not thereby render the documents protected by the …
Article • May 15, 2007
Suit Waiver Not Valid Due to Lack of Counsel by The plaintiff signed a release agreement with respect to civil claims arising out of an arrest which was resolved by a "plea in abeyance," equivalent to an ACD. The court concludes it was not voluntarily executed under Rumery and could …
Mentally Ill WI Prisoner Sues over Control Unit Conditions by The plaintiff raised various constitutional claims, discussed below, and moved for class certification. The court denies it because the case is pro se and absent class members are "entitled at least to the assurance of competent representation afforded by licensed …
Article • May 15, 2007
No Counsel Appointed in Police Beating Suit by The plaintiff brought suit alleging excessive force causing injury by police, and sought appointment of counsel. He makes the requisite showing of merit but "fails to state a reason why appointment of counsel would increase the likelihood of a just determination in …
Article • May 15, 2007
$27,501 Award to Beaten Maryland Prison Visitor by The plaintiff alleged that he was beaten while visiting his son in prison and won a judgment of $1.00 in compensatory damages and $2,500 in punitives for excessive force. His award of attorneys' fees is reduced from his claim of $130,000 to …
TN Chancery Court Must Award Reasonable, Rather Than All, Costs and Fees to Winner in Public Records by TN Chancery Court Must Award Reasonable, Rather Than All, Costs and Fees to Winner in Public Records Act Cases The Pollow family settled a civil rights action against police in Memphis, Tennessee …
9/11 Immigration Detainee Challenges Denial of Counsel, Religious Diet by The plaintiff was arrested on September 12, 2001, on the belief that he was connected with the 9/11 hijackers, and transferred to a federal prison, where he was subjected to a visual body cavity search viewed by multiple male and …
California Sexual Predators’ Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John Dannenberg California Sexual Predators' Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John E. Dannenberg A class of 600 civilly committed sexually violent predators (SVP) sued the California Department of Mental Health (DMH) under 42 U.S.C. …
Reflections on Katrina’s First Year: The Story of Chaos and Continuing Abuse in One of America’s Worst Justice Systems by Bob Williams Reflections on Katrina's First Year: The Story of Chaos and Continuing Abuse in One of America's Worst Justice Systems by Bob Williams As America reflected on Hurricane Katrina's …
Brief • March 30, 2007
Sawchuck v. Jenne, FL, Order, Attorney-Client Communications, 2007 ,~.- Case 0:06-cv-61182- KAM Document 49 " Entered on FLSD Docket 03/30/2007 Page UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 06- 61182- Civ- MARRAlJOHNSON JOSEPH SAWCHUCK and RICHARD SPENCER individually and on behalf of all others similarly situated Plaintiffs …
Galloway v TYC, TX, 3rd Amended Complaint, juveniles disabilities legal aid assault, 2007 EXHIBIT “A” UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS JOSEPH GALLOWAY, individually, § § DANA BROCKWAY, as next friend of her § minor child, A.B., on behalf of all those similarly § situated, § § GLORIA …
Article • February 15, 2007 • from PLN February, 2007
PLN Awarded $48,709 In Attorney Fees After Successful FOIA Suit Against BOP by In June, 2006, Prison Legal News won the right to gain media investigative access to federal Bureau of Prisons (BOP) records regarding lawsuits by prisoners, employees, contractors and visitors without payment of search and copying fees, pursuant …
Article • January 15, 2007 • from PLN January, 2007
Illinois Parole Violators Enforce Revocation Due Process Rights with Consent Decree by John Dannenberg by John E. Dannenberg The class of all Cook County, Illinois parole violators was granted a preliminary injunction by the U.S. District Court, Northern District, Eastern Division, ordering the Illinois Department of Corrections (IDOC) to conduct …
Article • January 15, 2007 • from PLN January, 2007
Settlement Revamps Grant County, Washington Indigent Defense System; County Agrees to $1.1 Million in Attorney Fees by Grant County, Washington entered into a sweeping settlement to resolve a class-action lawsuit alleging that its indigent defense system was constitutionally deficient. Prior to February 12, 2004, Grant County ?maintained a contract system …
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