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Texas Attorney General Clarifies Confiscation Law Governing Prisoner Art Sales by Michael Rigby Texas prisoners can sell artwork over the internet and retain the proceeds as long as the value is not increased because of their notoriety, an opinion by Attorney General Greg Abbott has confirmed. The Attorney General's January …
Article • August 15, 2005 • from PLN August, 2005
Massachusetts Law, Not PLRA, Applies to Attorneys Fee Award in State Court § 1983 Action for Native by Massachusetts Law, Not PLRA, Applies to Attorneys Fee Award in State Court § 1983 Action for Native American Rights A Massachusetts Superior Court has held that the determination of an appropriate attorney's …
$1 Million L.A. County Jail Rape Award Overturned by by Marvin Mentor The California Court of Appeal, in an unpublished opinion, reversed a Los Angeles (L.A.) County jury verdict that had awarded $1 million in damages to a jail detainee who was brutally beaten and raped in his L. A. …
Mere Pendency of Proceedings Deprives Court of Jurisdiction in Jail Collect Call Case; Attorney Fee by Mere Pendency of Proceedings Deprives Court of Jurisdiction in Jail Collect Call Case; Attorney Fee Awarded Reversed, Injunction Upheld The Sixth Circuit Court of Appeals has reversed an award of attorney's fees, holding the …
Ninth Circuit: Kicking Shackled Prisoner In Genitals Is Cruel And Unusual Punishment by When California Pelican Bay State Prison (PBSP) prisoner Christopher Watts filed a 42 U.S.C. § 1983 action against guards J. McKinney and S.J. Steinberg for kicking Watts in the genitals after an unsuccessful interrogation regarding PBSP guards …
Article • July 15, 2005 • from PLN July, 2005
U.S. Supreme Court Holds California Policy Of Double-Celling By Race During Prison Intake Must Pass by Marvin Mentor U.S. Supreme Court Holds California Policy Of Double-Celling By Race During Prison Intake Must Pass Strict Scrutiny," Not Rational Relationship" Test by Marvin Mentor The U.S. Supreme Court ruled that the strict …
Article • June 15, 2005 • from PLN June, 2005
Los Angeles County Pays $32,500 To Settle Public Defender's Legal Malpractice by by John E. Dannenberg On November 8, 2004, the Los Angeles County, California Claims Board granted authority of $32,500 to settle a claim by a prisoner for legal malpractice on the part of the Public Defender, wherein the …
Chicago Jail Still Rife With Prisoner Abuse, Crimes By Guards by Chicago Jail Still Rife With Prisoner Abuse, Crimes By Guards by Matthew T. Clarke The Cook County Jail in Chicago, Illinois, remains the scene of controversy involving beatings of prisoners, stealing of drugs held for evidence, and guards having …
Fifth Circuit Reinstates Texas Prisoner's Property Confiscation/Retaliation Suit by by Matthew T. Clarke The Fifth Circuit court of appeals issued an opinion vacating the district court's dismissal of a prisoner's suit alleging prison officials confiscated his property in retaliation for his criticism of the prison. Billy Fredrick Allen, a Texas …
Immigration Detainee Wins Appointed Counsel And New Trial In Brutality Suit Against CCA by by John E Dannenberg An immigration detainee of seven years, who had unsuccessfully sued his jailer, Corrections Corporation of America (CCA) and its employees for severely beating him during a medical emergency transport, was granted a …
Article • May 15, 2005 • from PLN May, 2005
Los Angeles County Pays $300,000 To Settle Public Defender's Legal Malpractice by by John E. Dannenberg On October 4, 2004, the Los Angeles County, California Claims Board granted authority of $300,000 to settle a claim by a prisoner for legal malpractice on the part of the Public Defender, wherein the …
Article • April 15, 2005 • from PLN April, 2005
Heck Doesn't Apply to Parole Revocation Incarceration Without Attorney or Hearing by The Tenth Circuit court of appeals has held that a prisoner who claims he was denied an attorney or court hearing for 73 days while awaiting extradition for parole revocation need not show that the revocation had been …
Four Guards Suspended By CCA Following Their Murder of Prisoner in Tennessee Jail by Four Guards Suspended By CCA Following Their Murder of Prisoner in Tennessee Jail by Matthew T. Clarke Four male CCA Guards have been placed on paid administrative leave following their murder of a female prisoner at …
Article • April 15, 2005 • from PLN April, 2005
New Federal Civil Rights Tax Relief Act Ends Double Taxation On Attorney Fee Awards by by John E. Dannenberg On October 22, 2004, President Bush signed into law the Civil Rights Tax Relief Act (CRTRA), enacted as section 703 of the American Jobs Creation Act of 2004. While the CRTRA …
$40,000 To Settle Excessive Force Claim At Los Angeles County Jail by In September, 2004, the Los Angeles County Claims Board (Board) agreed to pay $40,000 to settle an excessive force claim brought by a prisoner injured at the L.A. County Main Jail. On March 17, 2002, prisoner Joseph Amezola …
New Jersey DOC Liable for Prisoner Death Caused by CMS by Robert Woodman by Robert H. Woodman The Superior Court of New Jersey, Appellate Division, partly affirming a New Jersey prisoner's estate's suit, held that the New Jersey Department of Corrections (DOC) could be held liable for the negligence of …
Article • March 15, 2005 • from PLN March, 2005
Ohio Lawyer Suspended for Promising Favor from Judge for Money by Ohio Lawyer Suspended for Promising Favor from Judge for Money by Robert H. Woodman Overruling a more lenient recommendation from the Board of Commissioners on Grievances and Discipline, the Ohio Supreme Court indefinitely suspended Dayton attorney Daniel L. O'Brien …
Article • March 15, 2005 • from PLN March, 2005
Massachusetts Court Imposes Time Limits For Unrepresented Criminal Defendants by The Supreme Judicial Court of Massachusetts held that if an attorney is unavailable to represent an indigent criminal defendant, the defendant must be released within 7 days and the case against that defendant dismissed within 45 days. This consolidated case …
Article • January 15, 2005 • from PLN January, 2005
Arizona Adopts Favorable Termination Rule in Attorney Malpractice Suits by The Arizona Supreme Court has ruled that a cause of action accrues for attorney malpractice on the date the case is finalized in favor of the defendant because of the attorney's ineffective assistance. This rule is called the favorable termination …
$15 Million Class Settlement In Sacramento Jail Strip-Search Suits by The Sacramento California Sheriff's Department agreed to a record $15 million settlement on June 4, 2004 to resolve federal and state lawsuits for damages and injunctive relief regarding illegal strip-search practices at the Sacramento County Jail. The suits stemmed from …
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