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Attorney Fee Award in New Jersey Jail Case by The U.S. District Court for the District of New Jersey held that Cape May County Jail prisoners, who won a consent decree in a jail conditions case, were the "prevailing parties" for the purpose of an attorney fee award under the …
Interpreters Provided For MD Deaf Prisoners in Consent Decree by A Maryland federal district court approved a consent decree that agrees to provide and compensate qualified sign language interpreters for deaf prisoners. The agreement provides Maryland deaf prisoners will be advised of their right to a qualified sign language interpreter …
Article • May 15, 2007
Consent Judgment Entered to Improve Confinement Conditions at MO Jail by A Missouri federal District Court approved a consent decree in litigation challenging conditions at the Jackson County Jail in Kansas City. The consent judgment requires jail authorities to: (1) fumigate the jail weekly for insects and rodents; (2) make …
Article • May 15, 2007
Prison Conditions Decree Extended by The court of appeals for the Fourth circuit held that extending a consent decree was proper where prison officials had not fully complied with the terms of the decree. Maryland prisoners entered into a consent decree with prison officials over inhumane conditions at a prison …
Individual Class Action Settlement Notice Not Required by The Eighth Circuit Court of Appeals has held that individual notice to each prisoner in a class action is not required and a district court's unexplained failure to set forth reasons or evidence to show the settlement was fair did not render …
Article • May 15, 2007
MN Prison Medical Consent Decree Still Active by In 1977 the U.S. District Court for the District of Minnesota issued a consent decree setting guidelines for the medical care provided to Minnesota state prisoners. In 2002, in response to the prisoners' pro se contempt motions, the State Department of Corrections …
Article • May 15, 2007
Consent Decree Requires More Than Best Efforts by Consent Decree Requires More Than Best Efforts Consent decree provisions that set out mathematically precise criteria and specific dates for defendants' performance could not be interpreted to require only "best efforts." The decree does not excuse nonperformance based on shortage of funds …
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
Continuing Violation of Federal Law Not Required for Consent Decree Jurisdiction by Continuing Violation of Federal Law Not Required for Consent Decree Jurisdiction The defendants, having failed to comply with a consent decree for over 20 years, moved to vacate it on the ground that the district court lacked jurisdiction …
Article • May 15, 2007
11th Amendment Bars Consent Decree Enforcement by Children who were in state custody alleged denial of meaningful access to adoption services. A consent decree was entered. Plaintiffs moved to hold defendants in contempt. Defendants moved to dismiss. Read to the end for an important lesson in settlement-drafting. The suit is …
Article • May 15, 2007
No Modification of Mental Hospital Consent Decree by The defendants wanted to get out of a consent judgment governing a mental health facility, and the court doesn't let them, because even though the facility is closed, it is not established that the discharged patients have been treated consistently with the …
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 …
Ohio DOC Stipulates To Vastly Improved Medical Care by John Dannenberg by John E. Dannenberg The Ohio Department of Rehabilitation and Correction (ODRC) settled a prisoner class action federal lawsuit on October 6, 2005 by stipulating to comprehensive improvements to its prisoner medical care, grounded in adding 321 medical personnel …
No Qualified Immunity for Florida Jail Guards in Prisoner Murder by The U.S. Eleventh Circuit Court of Appeals, in a case involving a Florida pre-trial detainee's death at the hands of a mentally ill co-prisoner, affirmed denial of qualified immunity to two guards at the North Broward Detention Center (NBDC) …
Court Continues Oversight and Orders Corrections in Georgia Jail by David Reutter by David M. Reutter "The Court is totally out of patience with the assurances and promises that compliance will be achieved" with the Final Settlement Agreement signed on January 24, 2000. So said Judge Shoeb, U.S. District Court …
Article • June 15, 2004 • from PLN June, 2004
U. S. Supreme Court Rules Consent Decrees May Be Enforced by In a decision with implications for prisoners' suits, the United States Supreme Court held that consent decrees may be enforced by federal courts. In 1993, mothers of children eligible for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services …
Article • June 15, 2004 • from PLN June, 2004
Consent Decree Entered in Unconstitutional BOP Parole Revocation Procedures by Bob Williams Consent Decree Entered in Unconstitutional BOP Parole Revocation Procedures by Bob Williams The United States District Court for the District of Columbia has approved a Consent Decree correcting unconstitutional parole revocation procedures of the United States Parole Commission …
Two Level Review Required for Publication Rejection, but Qualified Immunity Granted by The Ninth Circuit Court of Appeals held the failure to provide a two-level review process when rejecting incoming publications violated procedural due process, but granted prison officials qualified immunity for the violation. Arizona prisoner Lawrence Krug filed a …
Article • May 15, 2004 • from PLN May, 2004
Private Settlement Agreement Prohibits Award of Attorney Fees and Costs by David Reutter Private Settlement Agreement Prohibits Award of Attorney Fees and Costs by David M. Reutter In a case of great importance to lawyers litigating prisoner actions where private settlement agreements are a consideration, the Eighth Circuit Court of …
Article • May 15, 2004 • from PLN May, 2004
Third-Party Beneficiaries Can Enforce Terms of Settlement by Bob Williams The Tenth Circuit court of appeals has held that a prisoner was entitled to seek enforcement of a two-decade old settlement agreement as a third-party beneficiary and invoke the court's continuing jurisdiction. In 1981, Kenneth Floyd and nine other Colorado …
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