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Article • September 15, 2004 • from PLN September, 2004
Former Ohio Parole Chief, Parole Attorney Alliance Raises Ethical Concerns by Michael Rigby A business partnership between former head of the Ohio Parole Board, Margarette Ghee, and Ohio prisoner-turned-parole attorney, Derek Farmer, has raised ethical concerns in the legal and criminal justice communities. After serving 18 years on a 1974 …
CCA Medical Contract Doesn't Violate 8th Amendment by The Sixth Circuit Court of Appeals has vacated an injunction holding a contract between Corrections Corporation of America (CCA) and a private doctor; Dr. Robert B. Coble, was unconstitutional. The contract at issue required Dr. Coble to, among other things, "determine the …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality by The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the court on whether the Prison Litigation Reform Act (PLRA) requires total exhaustion and whether …
No PLRA Fee Cap When Injunctive Relief Obtained by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals held that in prisoner 42 U.S.C. § 1983 civil rights lawsuits where both injunctive relief and damages are won (hybrid cases), attorney fee reimbursement for achieving the …
Article • July 15, 2004 • from PLN July, 2004
Sanctions Against Ohio Paralegal Firm Upheld by The U.S. Seventh Circuit Court of Appeals affirmed in part and reversed in part a federal district court's sanctions against National Legal Professional Associates (NLPA) and its leader for unauthorized practice of law. NLPA is a paralegal service that markets directly to criminal …
Prisoner Allowed to Amend Retaliation, Legal Mail Complaint by The U.S. Court of Appeals for the Second Circuit vacated a district court's dismissal of a prisoner's § 1983 lawsuit which complained of prison officials who interfered with his legal mail and retaliated because he filed grievances. While Robert Davis was …
Article • June 15, 2004 • from PLN June, 2004
Law-and-Order Former Texas Attorney General Lands in Federal Prison by Law-and-Order Former Texas Attorney General Lands in Federal Prison by Matthew T. Clarke Dan Morales, the former Texas at torney general who ran on a law-and-order platform, was sentenced on October 31, 2003, to four years in federal prison after …
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 …
Videotapes Prove Abuse of 9/11 Detainees by Federal Guards by by Matthew T. Clarke On December 18, 2003, Glenn A. Finer, Inspector General of the U.S. Justice Department, released a report which found that guards at the Metropolitan Detention Center (MDC) in Brooklyn, New York, physically and verbally abused detainees …
Nebraska Prisoners Win Summary Judgment on Phone Access and Monitoring Issues by Nebraska Prisoners Win Summary Judgment on Phone Access and Monitoring Issues by Matthew T. Clarke A Nebraska state district court granted Nebraska state prisoners' summary judgment on issues involving the monitoring and recording of phone calls to government …
County Must Disclose Detention Center Settlement to Newspaper by Bob Williams The New Mexico State Court of Appeals has ruled that Dona Ana County must disclose to the Las Cruces Sun-News records relating to a civil suit settlement between the County and female jail detainees who were sexually abused by …
New Jersey Supreme Court Upholds $1.6 Million Harassment Verdict by by Matthew T. Clarke The Supreme Court of New Jersey up-held one of the largest female-on-male sexual harassment compensatory damage awards and fees, sending the even larger punitive damage award back to the trial court for reconsideration. Robert L. Lockley, …
Article • May 15, 2004 • from PLN May, 2004
Innocent Ohio Man Paid $750,000 for 10 Years Imprisonment by In 1991, Jimmy "Spunk" Williams, 32, was convicted of raping a 12 year-old girl, and sentenced to life in prison. Williams was appointed attorney Tom Watkins to represent him at a December 2001 parole hearing. Convinced of Williams' innocence, Watkins …
Article • May 15, 2004 • from PLN May, 2004
Dismissal of Prisoner's Divorce Petition Is Abuse of Discretion by Dismissal of Prisoner's Divorce Petition Is Abuse of Discretion A Texas state court of appeals has reversed the dismissal for want of prosecution of a Texas prisoner's divorce action. Joe Lee Buster, a Texas state prisoner, filed a suit for …
Article • May 15, 2004 • from PLN May, 2004
County Public Defender Liable for Wrongful Conviction by The U.S. Ninth Circuit Court of Ap-peals, sitting en banc, reinstated a former Nevada Death Row prisoner's 42 U.S.C. § 1983 suit against Clark County, Nevada, and the County's Chief Public Defender. Roberto Miranda was convicted of a 1981 murder and sentenced …
$108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E Dannenberg $108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals approved attorney fees/costs totaling $108,352 for litigation efforts in gaining injunctive relief under the Americans …
Court Mail Is Legal Mail; Damages and Fees Upheld in Legal Mail Opening by Daniel E. Manville by Dan Manville The Sixth Circuit has held that mail from a court is entitled to First Amendment protection, which means that prison officials had to open legal mail in the presence of …
No Constitutional Right to Privacy for Naked Woman Arrestee by In a 2-to-1 decision, the U.S. Court of Appeals for the Eighth Circuit reversed a U.S. District Court's grant of relief on three federal privacy claims but upheld judgment under state law for an Iowa arrestee who was strapped naked …
Maryland Detainee Chained to Pole Awarded Damages, but No Fees by The U.S. Fourth Circuit Court of Appeals has affirmed in part a jury award of damages against Maryland police officers who left an arrestee tied to a pole in a deserted parking lot. The court also affirmed denial of …
Article • December 15, 2003
Magistrate Judge Cannot Enter Order on Post-Trial or Dispositive Motions by The Sixth Circuit Court of Appeals held that a magistrate judge does not have authority to rule upon motions seeking the award of attorney fees and costs, and a district court's failure to make a de novo review of …
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