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Article • December 26, 2017
Claim of Right to Counsel Infringement Survives in Detainees’ Claim of Recorded Attorney Calls by A Florida federal district court granted in part and denied in part a defendant’s motion for summary judgment in a civil rights action that alleged the sheriff of Broward County violated the constitutional attorney-client privileges …
Article • December 19, 2017
Filed under: Mandamus, Parole Conditions
Ohio Supreme Court Holds That Longer Second Continuance on Parole Eligibility Is Not Proof of Punitive Action by David Reutter by David Reutter The Ohio Supreme Court held that an Ohio prisoner's mandamus, alleging that the Ohio Department of Rehabilitation and Corrections (ODRS) failed to comply with its clear legal duty …
Article • December 19, 2017
Testimony of Expert Witness Excluded by David Reutter by David Reutter A Louisiana federal district court excluded the expert testimony of Dr. David Thomas in a class action brought by Louisiana prisoners who alleged substandard medical care. Joseph Lewis, Jr. sued the Louisiana State Penitentiary (Angola) alleging violations of his …
Brief • December 18, 2017
Parada De Turcios v. County of Los Angeles, CA, Request and Order for Dismissal, Negligence (Motor Vehicle), 2017 CIV-110 ATTORNEY OR PARTf WITHOUT ATTORNEY: STATE BAR NO: Mark A. Anderson, Esq. KUZYK LAW, LLP STREET ADDRESS: 1700 West Avenue K, Suite 101 c1w Lan caster TELEPHONE NO.: (661) 945-6969 263655 …
Article • December 14, 2017
Deference to Prison Officials Jury Instruction Improper in Medical Care Case by The Ninth Circuit Court of Appeals issued an opinion in a prisoner’s civil rights action that made significant holdings in regards to jury instructions. First, it held that when a pro se litigant fails to object to a …
Article • December 14, 2017
Changes to California’s Parole Scheme Not Unconstitutional by The Ninth Circuit Court of Appeals held the most recent voter approved changes to California’s parole laws do not violate the ex post facto clause. In 1988, California voters passed proposition 89, which amended the California constitution to grant the governor the …
Article • December 14, 2017
Texas Court of Appeals Dismisses Prisoner's Petition for a Writ of Injunction by Matthew Clarke by Matt Clarke On March 9, 2016, a Texas court of appeals dismissed a prisoner's writ of injunction because the prisoner had no other proceeding in that court. Tracey W. Murphy, a Texas state prisoner, …
Article • December 14, 2017
Oregon Habeas Cognizable to Challenge Florida Confinement Under ICC by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that prisoners incarcerated in other states under the Interstate Corrections Compact (ICC) may challenge the conditions of their confinement in Oregon habeas corpus actions against Oregon prison officials. In …
Article • December 14, 2017
Ninth Circuit: Merits Decision Excuses Procedurally Flawed Exhaustion by Mark Wilson by Mark Wilson The United States Court of Appeals for the Ninth Circuit held that a prisoner who fails to comply with prison grievance procedural requirements nevertheless exhausts administrative remedies if prison officials deny the grievances on the merits. …
Article • December 14, 2017
Filed under: Appeals, Parole, Habeas Corpus
California Court of Appeals Vacates Parole Denial for Claiming Innocence by Matthew Clarke by Matt Clarke On September 1, 2015, a California court of appeal vacated the decision of the Board of Parole Hearings to deny parole to a prisoner who had been convicted of first-degree murder and sentenced to …
Article • December 13, 2017
WA: Court Affirms Dismissal of DOC Worker's Malpractice Suit Against Attorney for Allowing Statute of Limitations to Expire by On March 10, 2016, Division III of the Washington Court of Appeals upheld the dismissal of a lawsuit filed a state department of corrections (DOC) worker who had sued an attorney …
State Counsel for Offenders Report Review of the Operations of State Counsel for Offenders Report by the State Bar of Texas Legal Services to the Poor in Criminal Matters Committee1 Approved for Publication December 8, 2017 Disclaimer: The following report and the underlying research were completed by members of the …
Article • December 7, 2017
Illinois Prisoner Granted Transfer in Injunctive Relief in Rare Ruling by David Reutter by David Reutter The U.S. Southern District Court of Illinois granted a preliminary injunction for prisoner Calvin Mitchell as failed against Correctional Officer Stephen Baker and Warden Kim Butler. The order required that Mitchell be transferred away …
$750 to Washington State Prisoner in Mailroom/Public Records Suit by Lonnie Burton by Lonnie Burton On September 25, 2016, the state of Washington finalized a settlement agreement with a prisoner who had sued for public records act violations and for improper prison mail rejections. The parties agreed to a $750 …
Article • December 7, 2017
Class Action Member May File Independent Suit to Protect Individual Need by David Reutter by David Reutter A California federal district court granted limited injunctive relief to a state prisoner in a deliberate indifference suit against the California Correctional Training Facility (CTF) doctors. The court held that an individual member …
Article • December 5, 2017 • from PLN December, 2017
Seventh Circuit: District Court Erred in Dismissing Prisoner’s § 1983 Suit for Failure to Exhaust by Lonnie Burton by Lonnie Burton The Court of Appeals for the Seventh Circuit has reversed a district court’s order dismissing a Wisconsin state prisoner’s 42 U.S.C. § 1983 lawsuit on the grounds that he …
Article • December 5, 2017 • from PLN December, 2017
Vermont Supreme Court Upholds Rights of Jailhouse Lawyers by Christopher Zoukis by Christopher Zoukis In a unanimous and lengthy opinion, the Vermont Supreme Court dismissed a charge of unauthorized practice of law brought against a jailhouse lawyer. Martin Serendipity Morales, a prisoner who identifies as female, was being held at …
Brief • December 4, 2017
Meiers v. Ottawa Cty, MI, Motion to Remove Vilke Expert Witness Testimony, 2017 Case 1:15-cv-00866-PLM-RSK ECF No. 215 filed 12/04/17 PageID.3012 Page 1 of 17 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN _____________________________ VENESSA MEIRS, as Personal Representative Case No.: 1:15-cv-00866-PLM-RSK of the ESTATE OF SCOTT MEIRS, U.S. District …
Article • November 30, 2017
Michigan Court Forced to End “Pay or Stay” Policy by David Reutter by David Reutter A Michigan state district court judge was ordered to end a “pay or stay” policy that he used to toss poor defendants in jail for their inability to pay fines, fees and court costs. The …
Article • November 28, 2017
Filed under: Costs, Juveniles
Ninth Circuit: Incarceration Costs Subject to Bankruptcy Discharge by Mark Wilson by Mark Wilson "Seeking to obtain…revenue by unremittingly pursuing legal actions against disadvantaged individuals--the counterproductive practice at issue here--can have damaging effects on the community," the United States Court of Appeals for the Ninth Circuit recently declared. "Not only …
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