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Article • March 6, 2018 • from PLN March, 2018
Alaska: Jurors’ Explanation of Negligence Verdict Doesn’t Warrant New Trial by In May 2017, the Alaska Supreme Court upheld a lower court’s denial of a prisoner’s motion for a new trial based on juror comments about the rationale for their verdict. Alaska prisoner Richard A. Mattox was watching television with …
Article • March 6, 2018 • from PLN March, 2018
Illinois Sheriff Settles Federal Class-action Suit Over Strip Searches by by Derek Gilna A federal civil rights lawsuit filed in 2012, later certified as a class-action, alleged abuses in the strip-search policy at a jail in Kankakee County, Illinois. The case settled on July 19, 2017; under the terms of …
Article • March 6, 2018 • from PLN March, 2018
Summary Judgment Reversed for Delay in Treating Prisoner in Extreme Pain by The Seventh Circuit Court of Appeals reversed summary judgment in favor of a guard and a nurse in a civil rights action alleging they were deliberately indifferent to a prisoner’s serious medical needs and unnecessarily prolonged his suffering. …
Article • March 6, 2018 • from PLN March, 2018
$125,000 Settlement After Failure to Protect Verdict in Virginia by Following a July 2017 federal jury verdict that found guards had failed to protect a prisoner from an attack by another detainee at the West Virginia Regional Jail (WVRJ), the parties agreed to settle the case for $125,000. The suit …
Article • March 6, 2018 • from PLN March, 2018
Illinois Prisoner’s Petition Challenging Disciplinary Report States Cause of Action by The Illinois Fourth District Court of Appeals held in July 2017 that a prisoner had stated a cause of action on several claims in his petitions for writ of mandamus, declaratory relief and common law writ of certiorari. Prisoner …
Article • March 6, 2018 • from PLN March, 2018
Filed under: Appeals, Filing Fees
Oregon Court: Dismissals Are “Strikes” While Pending on Appeal by On July 6, 2017, the Oregon Court of Appeals upheld a lower court’s revocation of its filing fee waiver even though prior dismissals it had counted as strikes were still on appeal. Oregon courts may waive or defer a prisoner’s …
Article • March 6, 2018 • from PLN March, 2018
Contempt Motion Filed after Pennsylvania Officials Refuse to Release Detainee by Officials at Pennsylvania’s York County Prison face a contempt motion filed by an attorney on behalf of a terminally ill pre-trial detainee. The motion claims the officials refused to comply with a court order for the prisoner’s release. Thomas …
Article • March 6, 2018 • from PLN March, 2018
PLRA Strikes Accruing After Notice of Appeal Do Not Count to Determine IFP Eligibility by The Third Circuit Court of Appeals held on August 4, 2017 that in determining a prisoner’s in forma pauperis (IFP) motion, a court must look to the date a pleading is filed – and not …
Article • March 6, 2018 • from PLN March, 2018
Virginia Prisoner’s Name Change Request for Religious Purpose Requires Hearing by On August 17, 2017, the Virginia Supreme Court ruled a circuit court had abused its discretion in dismissing a prisoner’s application for a name change based upon religious reasons. The Supreme Court held that a religious reason for a …
Article • March 6, 2018 • from PLN March, 2018
$242,500 Settles Jail Rape Suit in Okla. by On May 24, 2017, Tulsa County officials paid $242,500 to resolve a federal complaint filed by a woman who was reportedly raped by a male prisoner while she was held at the David L. Moss Criminal Justice Center in Tulsa, Oklahoma. Aleshia …
Article • March 6, 2018 • from PLN March, 2018
Ineffective Treatment of Ohio Prisoner’s Psoriasis Defeats Summary Judgment by The Sixth Circuit Court of Appeals held on July 16, 2017 that an Ohio prisoner presented sufficient evidence to survive summary judgment in a claim that prison medical officials chose a less efficacious treatment method. Ohio prisoner Kevin Darrah was …
Article • March 6, 2018 • from PLN March, 2018
Alaska DOC’s 1990 Prison Conditions Settlement Still Enforceable by In March 2017, the Alaska Supreme Court held that a 1990 settlement agreement in a class-action prison conditions suit had not been terminated and remained enforceable. Alaska Department of Corrections (ADOC) prisoners brought a class-action suit challenging prison conditions in 1981. …
Article • March 6, 2018 • from PLN March, 2018
Declaratory Judgment in Mississippi Case Challenging Indefinite Jail Detention by Matthew Clarke by Matt Clarke A Mississippi federal district court has issued an agreed declaratory judgment in a case brought by two defendants who were held for long periods of time in the Scott County Detention Center without an individualized …
Article • March 6, 2018 • from PLN March, 2018
Filed under: Damages
$50,000 Damage Award Garnished for Restitution Payment by The Oregon Court of Appeals, on June 28, 2017, upheld the garnishment of a prisoner’s $50,000 federal damage award as partial payment of her restitution judgment. In 2009, Sandra Quesnoy was convicted of theft charges in Oregon and sentenced to 18 months …
Article • March 6, 2018 • from PLN March, 2018
Fourth Circuit Vacates Sua Sponte Dismissal Due to Non-exhaustion by The Fourth Circuit Court of Appeals has vacated a district court’s sua sponte dismissal of a prisoner’s lawsuit for failure to exhaust available administrative remedies. The Virginia Department of Corrections’ (VDOC) grievance procedure requires prisoners to first submit an informal …
Brief • March 6, 2018
Payne v. DSHS, WA, Complaint, Public Records Request, 2018 1 2 3 4 5 6 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF PIERCE 7 8 JEFFREY PAYNE, 9 10 NO. Plaintiff, 18-2-06185-2 COMPLAINT FOR VIOLATIONS OF THE PUBLIC RECORDS ACT vs. 11 …
Brief • March 2, 2018
State of Idaho v. Tryon, ID, Opinion, Criminal Procedure, 2018 IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 44489 STATE OF IDAHO, ) ) ) ) ) ) ) ) ) ) ) Plaintiff-Respondent, v. GRACIE JEAN TRYON, Defendant-Appellant. Boise, January 2018 Term 2018 Opinion No. 16 …
State of Idaho v. Tryon, ID, Opinion, Right to Confront Witness, Controlled Substance Conviction, 2018 IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 44489 STATE OF IDAHO, ) ) ) ) ) ) ) ) ) ) ) Plaintiff-Respondent, v. GRACIE JEAN TRYON, Defendant-Appellant. Boise, January 2018 …
Brief • March 1, 2018
People v. Aledamat, CA, Opinion, Jury Instructions, 2018 Filed 3/1/18 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, B282911 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA451225) v. YAZAN ALEDAMAT, Defendant and Appellant. APPEAL from a …
Brief • March 1, 2018
U.S. v. Brown, TX, Opinion, Security Vandalism, 2018 Case: 16-11340 Document: 00514369189 Page: 1 Date Filed: 03/01/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-11340 United States Court of Appeals Fifth Circuit FILED March 1, 2018 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff …
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