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Article • January 8, 2018 • from PLN January, 2018
Seventh Circuit: Injured Federal Detainee Meets Negligence Standard in Fall from Stool by On June 23, 2017, the Seventh Circuit Court of Appeals held a detainee in the custody of the U.S. Marshals Service met the criteria for application of the res ipsa loquitur doctrine, and the record would permit …
Article • January 8, 2018 • from PLN January, 2018
Filed under: Settlements, Restitution
Majority of Federal Prisoner’s Settlement Seized for Restitution; Tenth Circuit Affirms by A federal prisoner who obtained a $200,000 settlement from the Bureau of Prisons was ordered to pay $145,640 towards restitution to compensate his victims. Kappelle Simpson-El was convicted in 2008 on 25 counts related to a scheme where …
Article • January 8, 2018 • from PLN January, 2018
Montana DOC Agrees to Modification of ADA Class-action Settlement by Derek Gilna by Derek Gilna In March 2017, the Montana Department of Corrections (DOC) agreed to modifications to a class-action settlement originally entered into in 1994 to resolve medical, dental and mental health complaints stemming from a 1991 prison riot. …
Article • January 8, 2018 • from PLN January, 2018
Eighth Circuit Vacates Summary Judgment Order in Detainee’s Wrongful Death Suit by In March 2017, the Court of Appeals for the Eighth Circuit vacated a summary judgment order in favor of jail officials on claims stemming from a detainee’s death. On February 23, 2012, Jerome Harrell reported to the jail …
Article • January 8, 2018 • from PLN January, 2018
Pennsylvania Class-action Targets Company Providing Inaccurate Background Checks by Derek Gilna by Derek Gilna Helen Stokes, a 65-year-old Pennsylvania woman with no criminal record, was nonetheless continually denied credit due to inaccuracies in her background report that a property credit reporting company refused to correct. Consequently, she filed a class-action …
Article • January 8, 2018 • from PLN January, 2018
Arkansas Supreme Court: Religious Freedom Preliminary Injunction Requires Hearing by The Arkansas Supreme Court held on March 16, 2017 that a lower court abused its discretion by denying a prisoner’s motion for a preliminary injunction without holding a hearing. Arkansas prisoner Malik Muntaqim is a member of the Nation of …
Article • January 8, 2018 • from PLN January, 2018
Seventh Circuit: Court Erred in Dismissing Prisoner’s Suit for Failure to Include Trust Account Ledger by Matthew Clarke by Matt Clarke On February 7, 2017, the Seventh Circuit Court of Appeals held that a district court erred when it dismissed a prisoner’s civil rights lawsuit that was brought in forma …
Article • January 8, 2018 • from PLN January, 2018
Utah Settles Federal Suit Alleging Delays in Competency Treatment for Pre-trial Detainees by Derek Gilna by Derek Gilna On June 14, 2017, Utah officials entered into a settlement to resolve a federal class-action lawsuit that alleged the state failed to provide timely and proper mental health competency evaluations and treatment …
Brief • January 1, 2018
Cole et al. v. Collier, TX, Settlement Agreement-Release, ADA-Rehabilitation Act Violation, 2018 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION KEITH COLE, JACKIE BRANNUM, RICHARD KING, MICHAEL DENTON, FRED WALLACE, and MARVIN RAY YATES, individually and on behalf of those similarly situated, Plaintiffs, § § § § § …
Publication • January 1, 2018
Lawsuits against Correct Care Solutions as of 2018 Claimant Abbott, James Defendant Correct Care Solutions State Missouri Abdulkarim, Noreeldeen Correct Care Solutions Tennessee Abila, George Case Number 4:18-cv-00170-DGK Juridiction United States District Court, W.D. Missouri, Western Division 3:25-cv-00040 United States District Court, Middle District of Tennessee, Nashville Division CIV 14-1002 …
Publication • January 1, 2018
Filed under: Civil Procedure, Complaints
Supreme Irrelevance, Northwestern School of Law, 2018 JACOBI BERLIN MACRO V3.DOCX (DO NOT DELETE) 6/6/2018 3:11 PM Supreme Irrelevance: The Court’s Abdication in Criminal Procedure Jurisprudence Tonja Jacobi†* and Ross Berlin** Criminal procedure is one of the Supreme Court’s most active areas of jurisprudence, but the Court’s rulings are largely …
Article • December 27, 2017
Kansas Supreme Court: Fees for Habeas Action Filed by Committed Sex Offenders to be Paid by County by Christopher Zoukis by Christopher Zoukis The Supreme Court of Kansas has ruled that any filing fees associated with state habeas corpus actions brought by civilly committed sex offenders must be paid by …
Article • December 27, 2017
Third Circuit Denies Prisoner's Due Process Claim, Upholds Retaliation Claim by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Third Circuit has denied a parolable prisoner's due process claim, but upheld his claim of retaliation by a prison guard. The prisoner, Phillip Lee Fantone, was …
Brief • December 27, 2017
Filed under: Class Notice
Simmons v. Fallin, OK, Order, 2017 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA GLYNN SIMMONS, et al., Plaintiff, v. MARY FALLIN, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. CIV-17-908-SLP ORDER Before the Court is the Report and Recommendation …
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 …
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