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Article • February 8, 2018
ND Supreme: 6-Month Sentence for Contempt Binding by David Reutter by David Reutter The North Dakota Supreme Court held that N.D.C.C. 27-10-01.4(1)(b) prohibits a prisoner’s incarceration for contempt of court for more than six months where no specific extension was ordered by the district court or referees. Tricia Taylor was …
Brief • February 7, 2018
ACLU of Oregon v. U.S. Dept of Homeland Security, OR, Complaint, Denial of FOIA Request, 2018 Case 3:18-cv-00247-PK Document 1 Filed 02/07/18 Page 1 of 11 DEREK D. GREEN, OSB #042960 Email: derekgreen@dwt.com ALICIA J. LEDUC, OSB #173963 Email: alicialeduc@dwt.com DAVIS WRIGHT TREMAINE LLP 1300 SW Fifth Avenue, Suite 2400 …
Brief • February 1, 2018
Filed under: Voting, Summary Judgment
Hand v. Scott, FL, Order for Summary Judgment, Voting Rights, 2018 Case 4:17-cv-00128-MW-CAS Document 144 Filed 02/01/18 Page 1 of 43 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JAMES MICHAEL HAND, et al., Plaintiffs, v. Case No. 4:17cv128-MW/CAS RICK SCOTT, in his official capacity as Governor of …
Brief • February 1, 2018
ACLU Northern California v. FBI, CA, Opinion-Appeal, Freedom Of Information Act, 2018 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA; ASIAN LAW CAUCUS; SAN FRANCISCO BAY GUARDIAN, Plaintiffs-Appellees, No. 16-15178 D.C. No. 3:10-cv-03759-RS OPINION v. FEDERAL BUREAU OF INVESTIGATION, Defendant-Appellant. …
Article • January 31, 2018 • from PLN February, 2018
Ninth Circuit Reinstates Prisoner’s Excessive Force Suit by On April 27, 2017, the Ninth Circuit Court of Appeals vacated a district court’s dismissal of a prisoner’s federal civil rights lawsuit alleging excessive use of force by a guard. The case had been dismissed for non-exhaustion of administrative remedies, but the …
Stipulation to Admit Video Created Error When Video Was Excluded at Trial by On July 14, 2017, the Seventh Circuit Court of Appeals remanded a civil rights action for a new trial after it found the exclusion of a video left it with “no assurance that [the plaintiff’s] claim was …
Article • January 31, 2018 • from PLN February, 2018
Class Certified in Lawsuit Alleging Flaws in Illinois’ Prison Healthcare System by In April 2017, an Illinois federal district court certified a civil rights class-action consisting of “all prisoners in the custody of Illinois Department of Corrections [IDOC] with serious medical or dental needs.” The suit seeks injunctive relief from …
Article • January 31, 2018 • from PLN February, 2018
Indiana Jail’s Overdetention of Pretrial Detainees Erroneously Denied Class-action Status by The Seventh Circuit Court of Appeals reversed an Indiana federal district court’s denial of class-action status for a subclass in a civil rights action alleging that the policies and practices of the Marion County Sheriff’s Office caused pretrial detainees …
Article • January 31, 2018 • from PLN February, 2018
Filed under: Civil Procedure
Ninth Circuit: Washington Civil Rights Suit Not Tolled by State Presentment Statute by Lonnie Burton by Lonnie Burton On April 7, 2017, the Court of Appeals for the Ninth Circuit reversed a district court’s denial of a motion to dismiss filed by county defendants who asserted that a former prisoner’s …
Article • January 31, 2018 • from PLN February, 2018
Seventh Circuit: No Summary Judgment for 11-Year ACL Surgery Denial by The Seventh Circuit Court of Appeals has vacated a summary judgment order in favor of three prison doctors and a warden who denied a prisoner ACL surgery for over a decade. Illinois state prisoner Herbert Diggs injured his right …
Article • January 31, 2018 • from PLN February, 2018
HRDC Files Class-action Suit Over CDCR Debit Release Cards by Derek Gilna by Derek Gilna The Human Rights Defense Center (HRDC), the parent organization of Prison Legal News, filed a complaint on January 12, 2018 seeking class-action status in the U.S. District Court for the Central District of California. The …
Brief • January 30, 2018
Esteen v. State of Louisiana, LA, Opinion, Resentencing for Previous Drug Convictions, 2018 Supreme Court of Louisiana FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #005 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 30th day of January, 2018, are as follows: PER CURIAM: 2016-KH-0949 STATE EX …
Jones v. Texas Department of Criminal Justice, TX, Opinion, Prison Misconduct, Indifference to Serious Medical Needs, 2018 Case: 17-10302 Document: 00514326656 Page: 1 Date Filed: 01/29/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-10302 Summary Calendar United States Court of Appeals Fifth Circuit FILED January …
Brief • January 22, 2018
US v. Fairley, MS, Appeal, Inapplicable Sentencing Enhancement, 2018 Case: 17-60001 Document: 00514315299 Page: 1 Date Filed: 01/22/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-60001 UNITED STATES OF AMERICA, Plaintiff - Appellee United States Court of Appeals Fifth Circuit FILED January 22, 2018 Lyle …
Brief • January 22, 2018
People v. Bueno, CO, Appeal, Motion for New Trial, 2018 1 2 3 4 5 6 7 8 9 0 1 2 3 Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Judicial Branch’s homepage at http://www.courts.state.co.us. Opinions are also posted on …
Vigil v. Crowther, UT, Release of Claims, Prisoner Death, 2018 l'-=J TE G rc IV E JAN 3 I 2rlß UTAH ATTORNF Y Emily A. Swenson, PC ATTORNEY AT LAW 2661 Washington Boulevard, Suite 203 Ogden, Utah 84401 Telephone : 8Ot-409 -027 t Fa csi m i e : 801-62L-487 …
Brief • January 10, 2018
Chapman v. FDC, FL, Mediation Settlement Agreement, Darren Rainey Death, 2018 ·--+" v. ----------·-------~ --------------------------------·--- -- ------
Hampton v. Dept Corrections, IL, Settlement, 2017
Article • January 8, 2018 • from PLN January, 2018
$160,000 Settles New Jersey Jail Class Action Suit by Derek Gilna by Derek Gilna After eleven years of litigation and five failed consent decrees, Camden County, New Jersey corrections officials have finally agreed to pay $160,000 to settle a federal civil rights suit that alleged severe overcrowding, sanitation, poor nutrition …
Article • January 8, 2018 • from PLN January, 2018
Fifth Circuit Upholds Sanctions Against GEO Group Attorneys for Discovery Abuse by Matthew Clarke by Matt Clarke On December 12, 2016, the Fifth Circuit Court of Appeals upheld a Texas district court’s sanctions of $1,000 each against lawyers representing GEO Group, the nation’s second-largest private prison operator, after finding they …
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