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Article • November 15, 2011
Court's Sanctions for BOP's Refusal to Discuss Settlement Vacated by The Fifth Circuit Court of Appeals reversed a district court's sanctions against two Assistant U.S. Attorney's for not making good faith settlement discussions. The plaintiff/prisoner collided with an unpadded pole while pursuing a fly ball during a softball game at …
Article • November 15, 2011
Former Oregon Prison Guard Loses Wrongful Termination Suit by On March 10, 2011, a state court jury returned a verdict against a state hospital worker, formerly a prison guard, who alleged his termination was improperly based on race, not because he had been caught having sex in a cemetery while …
Article • November 15, 2011
Ohio Supreme Court Affirms Denial of Public Records Damages to Prisoner by On December 1, 2010, the Supreme Court of Ohio issued and opinion affirming a court of appeals decision denying statutory damages to a prisoner who prevailed against prison officials in a public records mandamus action. Lambert Dehler, an …
Article • November 15, 2011
Open Public Records Act Plaintiff Entitled to Attorney’s Fees, New Jersey Appellate Court Holds by The Appellate Division for the Superior Court of New Jersey has reversed in part a lower court’s refusal to award attorney’s fees to a plaintiff in an New Jersey Open Public Records Act (OPRA) suit. …
Article • November 15, 2011
Peer Review Document Discoverable in Lawsuit Involving Prisoner’s Death by A Florida federal court ordered disclosure of a peer review document that concerned a prisoner’s death, holding the document is not privileged. The order requires the defendants, the Florida Department of Corrections and Prison Health Services, to provide the Memorandum …
Article • November 15, 2011
Puerto Rico: Convicted Murderer Not Eligible to Participate in Community-Based Diversion Programs by By Derek Gilna The First Circuit Court of Appeals has upheld the decision of the United States District Court for the District of Puerto Rico dismissing the due process and equal protection claims of a Puerto Rican …
Article • November 15, 2011
Puerto Rico Independent Prison Medical Services Contractor Not Employee by On November 16, 2010, the First Circuit court of appeals upheld the ruling of a Puerto Rico federal court that an physician who was an independent contractor providing medical services in Puerto Rico prisons was not an employee of the …
Article • November 15, 2011
Filed under: Money/Property, Restitution
Restitution Payments through IRFP Not Subject to Judicial Scrutiny by Restitution paid through the Bureau of Prisons’ (BOP) Inmate Financial Responsibility Program (IRFP) is not subject to judicial scrutiny, U.S. District Judge Rodger C. Hunt held December 11, 2007. Mark Young, a federal prisoner, filed a motion with his sentencing …
Article • November 15, 2011
Right to Counsel Not Violated by Brig Officials Present During Attorney Phone Calls by On May 1, 2008, the U.S. Court of Appeals for the Armed Services affirmed a lower court’s judgment rejecting a service member’s claim that he was denied the right to appellate counsel because brig officials were …
Article • November 15, 2011
Second Circuit Denies Connecticut Student's §1983 Claim against School Officials by Derek Gilna Second Circuit Denies Connecticut Student's §1983 Claim against School Officials by Derek Gilna The United States Court of Appeals for the Second Circuit has upheld a district court order granting summary judgment to public school officials in …
Article • November 15, 2011
Settlement Payments for Work Related Injuries Do Not Begin Until After Release from Prison by Settlement payments for work related injuries do not begin until after release from federal custody, U.S. magistrate Judge Brain Owsley held in April 30, 2008. On March 21, 1997, Jerry L. Thompson, a federal prisoner, …
Sixth Circuit Upholds $2.5 Million Jury Award for Wrongly Convicted Women by Matthew Clarke By Matt Clarke On April 12,2011, the Sixth Circuit Court of Appeals issued an opinion upholding the $2.5 million jury award and $250-per-hour attorney-fees award to two women who were wrongly convicted of felonies. Kimberly Sykes …
Article • November 15, 2011
Florida Jail Guard Awarded $600,000 in Defamation Suit; Award Vacated by A Florida jury awarded a former jail guard $600,000 for defamation and lost earnings against the ST. Lucie County Sheriff’s Office (SLCSO). In a post-trial motion, the Circuit Court dismissed the verdict. While working as a guard on July …
Florida Prisoner’s Retaliation Claim Reinstated by The Eleventh Circuit Court of Appeals reversed the dismissal of a Florida prisoner’s civil rights action alleging retaliation and due process violations. The Florida federal district court dismissed the action during the initial screening state, finding that prisoner Glenn Smith failed to state a …
Article • November 15, 2011
FOIA’s Privacy Exemptions Do Not Apply to Corporations, Supreme Court Holds by Exemption 7(c) of the Freedom of Information Act (FOIA) allows the withholding of records that “could reasonably be expected to constitute an unwarranted invasion of personal privacy,” 5 U.S.C. § 552 (b) (7) (c). The third circuit held …
Article • November 15, 2011
Former Michigan Prisoner Awarded $1.27 Million for False Arrest and Malicious Prosecution by A Michigan federal jury awarded a former prisoner $1.27 million in a malicious prosecution lawsuit. After she was robbed at gunpoint, Tevya Urquhart was arrested, found guilty and sentenced to prison. After her successful appeal, Urquhart filed …
Article • November 15, 2011
Filed under: Sentencing
Full Resentencing Not Required to Correct Error in Pretrial Credit Award by The Division III Court of Appeals for the State of Washington has affirmed a trial court’s ex parte modification of a defendant’s sentence that awarded him two additional days of pretrial credit. Waldo Emerson Waldron-Ramsey filed a personal …
Article • November 15, 2011
L.A. County Sheriff’s Department Settles Police Shooting Case for $150,000 by The Los Angeles County Sheriff’s Department (LACSD) offered a six-figure settlement to a gunshot victim rather than risk civil proceedings. Salvador Montoya filed suit alleging he was shot without cause by an LACSD deputy. Montoya was walking in the …
Article • November 15, 2011
Illinois Public Defender Documents Exemptions Discussed by Illinois’ First District Court of Appeal held that a trial court’s use of “one-size-fits-all, generic and conclusionary” affidavits to determine the City of Chicago’s motion to dismiss a prisoner’s document request “is rubber stamp judicature,” and the court said it would “decline to …
Article • November 15, 2011
Massachusetts Highest Court Upholds Damages Awards to State Prisoners Unlawfully Transferred to Federal Prisons by In 1989, the Supreme Judicial Council of Massachusetts affirmed the award of damages to eight state prisoners who were unlawfully transferred to federal out-of-state institutions without the procedural protections afforded to them under departmental regulations. …
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