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Article • March 15, 2013
Wisconsin Prisoner's Pro-Se AEDPA Action Dismissed, Reversed and Remanded by Derek Gilna The U.S. District Court for the Western District of Wisconsin's denial of a pro-se application for a writ of habeas corpus by prisoner Stanley E. Martin, Jr., was reversed and remanded by the Seventh Circuit Court of Appeals …
Article • March 15, 2013
Wisconsin Prisoner's Pro-se AEDPA Action Rejected by Seventh Circuit by Derek Gilna In an appeal from the U.S. District Court for the Western District of Wisconsin, Ronald Romanelli, a prisoner at the Columbia County Jail, was unsuccessful in convincing the Seventh Circuit of the United States Court of Appeals to …
Article • March 15, 2013
U.S. Liable Under FTCA for Trauma of Home Raid Resulting from Postal Service Employee's Misinforming Law Enforcement by Michael Brodheim by Mike Brodheim A federal district judge in New York has held that the United States is liable under the Federal Tort Claims Act (FTCA) for the emotional distress caused …
Article • March 15, 2013
NACDL Wins Appeal for Eyewitness Identification Data by Brandon Sample In 2006, when Illinois officials released results from a study comparing the effectiveness of traditional eyewitness identification with other methods, the results created an uproar. The study, commissioned by the Illinois General Assembly, found the "traditional" line-up method of identification …
Second Circuit Reverses Summary Judgment for Non-Treatment of Prisoner’s HCV by On March 9, 2012, the Second Circuit Court of Appeals reversed the dismissal of a New York prisoner’s claims related to denial of hepatitis C (HCV) treatment. The Second Circuit also determined that the district court had misinterpreted a …
Equitable Tolling of AEDPA Includes Non-English Speaking Petitioners by The Third Circuit Court of Appeals has held that a language inability, when combined with denial of legal or translation assistance, can be an extraordinary circumstance for equitable tolling purposes in habeas cases. The issue was before the Third Circuit following …
Article • March 15, 2013
7th Circuit Limits Use of FOIA Requests in Case Against Federal EPA by Derek Gilna The Freedom of Information Act, or FOIA, is a valuable tool in piercing the veil of secrecy that often surrounds government investigations and decision making. After Appleton Paper Inc, or API, and other companies were …
Article • March 15, 2013
DC Circuit Affirms Order Denying FOIA FBI Disclosure to Kentucky Prisoner by Derek Gilna The Court of Appeals for the District of Columbia has affirmed the district court denial of the Freedom of Information Act (FOIA) request of prisoner Benny Lee Hodge, who had sought document disclosure from the FBI …
Article • March 15, 2013
Ordinary Discovery Rules Apply to Washington PRA Actions; FOIA Reasonableness Standard Governs PRA Searches by The en banc Washington State Supreme Court held that discovery in cases under the Public Records Act (PRA) is the same as in any other civil action. The Neighborhood Alliance of Spokane County (the Alliance), …
Washington Appeals Court Denies Prisoner's Prison Account Funds Suit by The Court of Appeals of the State of Washington has upheld the state superior court's grant of summary judgment in which James A. Boyd had challenged the authority of Washington State to deduct funds from his prison account for an …
Article • March 15, 2013
Denial of Satanic Bible Results in $100 Settlement by Brandon Sample Yellowstone County, Montana agreed to pay $100 to settle First Amendment and RLUIPA claims brought by a prisoner who was denied a Satanic Bible. While incarcerated at the Yellowstone County Detention Facility, Jason Indreland, a practicing Satanist, requested that …
Davis et al v. Abercrombie et al, HI, Declaration - Kaahu, CCA religious discrimination denial retaliation, 2013 Case 1:11-cv-00144-LEK-BMK Document 247-18 Filed 03/11/13 Page 1 of 5 4900 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HA WAIl RICHARD KAPELA DAVIS, CIVIL NO. 11-00144 LEKlBMK MICHAEL …
Davis et al v. Abercrombie et al, HI, Declaration - Trueman, CCA religious discrimination denial retaliation, 2013 Case 1:11-cv-00144-LEK-BMK Document 247-26 Filed 03/11/13 Page 1 of 2 4917 PageID #: IN THE UNITED STATES DISTRICT COURT . FOR THE DISTRICT OF HA WAIl RICHARD KAPELA DAVIS, TYRONE GALDONES, MICHAEL HUGHES, …
Davis et al v. Abercrombie et al, HI, Declaration - Ramirez, CCA religious discrimination denial retaliation, 2013 Case 1:11-cv-00144-LEK-BMK Document 247-23 Filed 03/11/13 Page 1 of 4 4911 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAIl RICHARD KAPELA DAVIS, TYRONE GALDONES, MICHAEL HUGHES, DAMIEN KAAHU, …
Davis et al v. Abercrombie et al, HI, Declaration - Davis, CCA religious discrimination denial retaliation, 2013 Case 1:11-cv-00144-LEK-BMK Document 247-10 Filed 03/11/13 Page 1 of 4 4876 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HA WAll RICHARD KAPELA DAVIS, CIVIL NO. 11-00144 LEKlBMK MICHAEL …
Davis et al v. Abercrombie et al, HI, Declaration - Manley, CCA religious discrimination denial retaliation, 2013 Case 1:11-cv-00144-LEK-BMK Document 247-2 Filed 03/11/13 Page 1 of 3 4849 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII RICHARD KAPELA DAVIS, TYRONE GALDONES, MICHAEL HUGHES, DAMIEN KAAHU, …
Davis et al v. Abercrombie et al, HI, Declaration - Gluck, CCA religious discrimination denial retaliation, 2013 Case Document198-1 247-9 Filed Filed 10/22/12 03/11/13 Page Page11ofof35 PagelD PageID#:#: Case 1:11-cv-00144-LEK-BMK 1:11-cv-00144-LEK-BMK Document 4133 4871 IN THE UNITED STATES DISTRICT COURT OF THE STATE OF HAWAII RICHARD KAPELA DAVIS, MICHAEL CIV. …
Davis et al v. Abercrombie et al, HI, Declaration - Vinhaca, CCA religious discrimination denial retaliation, 2013 Case 1:11-cv-00144-LEK-BMK Document 247-27 Filed 03/11/13 Page 1 of 2 4919 PageID #: IN THE UNITED STATES DISTRlCT COURT FOR THE DISTRlCT OF HAWAII RlCHARD KAPELA DAVIS, TYRONE GALDONES, MICHAEL HUGHES, DAMIEN KAAHU, …
Davis et al v. Abercrombie et al, HI, Declaration - Galdones, CCA religious discrimination denial retaliation, 2013 Case 1:11-cv-00144-LEK-BMK Document 247-11 Filed 03/11/13 Page 1 of 4 4880 PageID #: IN THE UNITED STATES DISTRlCT COURT FOR THE DISTRICT OF HA WAIl RlCHARD KAPELA DAVIS, TYRONE GALDONES, MICHAEL HUGHES, DAMIEN …
Davis et al v. Abercrombie et al, HI, Plf Mot for PO, CCA religious discrimination denial retaliation, 2013 Case 1:11-cv-00144-LEK-BMK Document 247 Filed 03/11/13 Page 1 of 4 4814 PageID #: NATIVE HAWAIIAN LEGAL CORPORATION 1164 Bishop Street, Suite 1205 Honolulu, Hawaii 96813 Telephone: (808) 521-2302 Fax: (808) 537-4268 SHARLA …
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