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Brief • September 6, 2017
State of Utah v. Goins, UT, Opinion, 2017 This opinion is subject to revision before final publication in the Pacific Reporter 2017 UT 61 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, Respondent, v. DESEAN MICHAEL GOINS, Petitioner. No. 20160485 Filed September 6, 2017 On Certiorari …
Article • September 1, 2017
Federal Judge: Chicago Guilty of 'Bad Faith' for Refusing to Provide Documents in Police Shooting Case, Cites Ongoing Pattern of Conduct by City by Lonnie Burton by Lonnie Burton In a sternly-worded 24-page order dated January 3, 2017, U.S. District Judge Joan B. Gottschall of the U.S. District Court for …
Article • August 31, 2017
Arkansas: Failure to Include Interested Party is Fatal to Action for Declaratory Relief by Dale Chappell by Dale Chappell Failure to include an interested party is fatal to an action for declaratory relief, the Arkansas Supreme Court held on August 3, 2017. Cedric Brown pleaded guilty to attempted first-degree murder …
Article • August 31, 2017
Filed under: Mandamus, Parole
Denial of Parole No Basis for Writ of Mandamus in Arkansas by Dale Chappell by Dale Chappell A petitioner’s claim that his rights were violated when he was denied parole is no basis for a writ of mandamus, the Arkansas Supreme Court held on August 3, 2017. Anthony Warren filed …
Article • August 30, 2017 • from PLN September, 2017
Third Circuit Vacates Summary Judgment on SHU Strip Search Claims by The Court of Appeals for the Third Circuit reversed a summary judgment order in favor of prison officials who subjected prisoners in segregation to visual body-cavity searches three times a day. While confined in a Secured Housing Unit (SHU) …
Article • August 30, 2017 • from PLN September, 2017
Oregon Prison Officials Must Provide Post-release Disability Care by An Oregon federal district court issued a preliminary injunction enjoining prison officials from releasing a disabled prisoner without assistance. Oregon state prisoner Steven Fox was an able-bodied person when he entered prison in 2010. Due to the neglect of prison officials, …
Article • August 30, 2017 • from PLN September, 2017
Seventh Circuit Vacates Summary Judgment in Retaliatory Discipline Case by The Seventh Circuit Court of Appeals reversed summary judgment for the defendants on a prisoner’s retaliatory discipline claim, finding the district court erred in failing to compel prison officials to produce a security video which would have been dispositive evidence. …
Article • August 30, 2017 • from PLN September, 2017
Indiana Court Cannot Reduce 45-Day Filing Fee Time Limit by The Indiana Court of Appeals reversed the dismissal of an indigent prisoner’s lawsuit for failing to pay the filing fee within 30 days, when he had complied with state law by paying within 45 days. Indiana prisoners are required to …
Brief • August 28, 2017
Strong v. Tessmann, IL, Settlement, Wrongful Conviction, 2017 Resolution 17 - A RESOLUTION AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF THE LITIGATION ENTITLED JASON STRONG V. TESSMANN ET AL. CASE NO. 16 CV 4885 WHEREAS, the Village of Barrington Hills (hereinafter the “Village”) is a named …
Article • August 24, 2017
Nearly $57,000 Attorney Fee Award in Tennessee Public Records Case by David Reutter by David Reutter The Metropolitan Government of Nashville and Davidson County was found to be in willful noncompliance with the Tennessee Public Records Act. It was order to pay $56,884.55 in attorney fees and expenses as a …
Sabata v. Nebraska, NE, Class Action Complaint, Prison Conditions, 2017 4:17-cv-03107 Doc # 1 Filed: 08/15/17 Page 1 of 90 - Page ID # 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA HANNAH SABATA; DYLAN CARDEILHAC; JAMES CURTRIGHT; JASON GALLE; RICHARD GRISWOLD; MICHAEL GUNTHER; ANGELIC NORRIS; R.P., a …
Brief • August 14, 2017
Gasga v. Precythe, MO, Class Action Complaint, Parole, 2017 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI STEPHANIE GASGA, MILDRED CURREN, ) TIMOTHY GALLAGHER, KENNETH HEMPHILL, ) JESSE NEELY and AMBER WYSE, ) ) on behalf of themselves and all similarly ) situated individuals, ) ) …
Bangert v. County of Placer, et al., CA, class-action complaint, abuse at jail, 2017 Case 2:17-cv-01667-KJN Document 1 Filed 08/11/17 Page 1 of 23 1 Mark E. Merin (State Bar No. 043849) Paul H. Masuhara (State Bar No. 289805) 2 LAW OFFICE OF MARK E. MERIN 3 4 5 6 …
Article • August 10, 2017
"Intellectual Disabilities" End Decade on Oregon's Death Row; State's "Expert" Sharply Criticized by Mark Wilson by Mark Wilson After serving more than ten years on death row, a 60-year old Oregon prisoner had his death sentence vacated and was ruled ineligible for the death penalty, due to an "intellectual disability." …
Brief • August 3, 2017
Hood v. Keefe Commissary, MO, Complaint - Commissary Kickback Conspiracy, 2017 Case: 25CI1:17-cv-00081-WLK Document #: 1 Filed: 02/08/2017 IN THE CIRCUIT COURT FOR THE FIRST JUDICIAL DIST OF HINDS COUNTY, MISSISSIPPI JIM HOOD, ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI, ex rei. THE STATE OF MISSISSIPPI, Plaintiff, Page 1 of …
Brief • August 2, 2017
AAAJ-ALC v. DHS, CA, Complaint, Immigration Bond Public Records, 2017 Case 3:17-cv-04388-EDL Document 1 Filed 08/02/17 Page 1 of 27 1 JAYASHRI SRIKANTIAH (CA Bar No. 189556) JENNIFER STARK (CA Bar No. 267062) 2 IMMIGRANTS' RIGHTS CLINIC Mills Legal Clinic at Stanford Law School 3 Crown Quadrangle, 559 Nathan Abbott …
Article • July 28, 2017 • from PLN August, 2017
Seventh Circuit Reinstates Indiana Prisoner’s Lawsuit, Holds Prison Officials Prevented Him from Pursuing Grievances by Lonnie Burton by Lonnie Burton In an April 5, 2016 ruling, the Seventh Circuit reversed an Indiana federal district court’s order dismissing a lawsuit filed by a state prisoner who claimed prison officials failed to …
Article • July 28, 2017 • from PLN August, 2017
Denial of FOIA Request for Complaints Against Immigration Judges Reversed by Christopher Zoukis by Christopher Zoukis The D.C. Circuit Court of Appeals has reversed a district court’s order allowing across-the-board redactions by the government in response to a Freedom of Information Act (FOIA) request. The American Immigration Lawyers Association submitted …
Article • July 28, 2017 • from PLN August, 2017
Fourth Circuit Rules Lawsuit over Inadequate Prison Food Not Barred by Res Judicata by Lonnie Burton by Lonnie Burton On April 25, 2016, the Fourth Circuit overturned a district court’s order dismissing a lawsuit filed by a South Carolina prisoner who alleged that the food served at a state prison …
Article • July 28, 2017 • from PLN August, 2017
Ethics Rule Requiring Post-conviction Disclosure of Exculpatory Evidence Adopted in North Carolina by In the wake of the exoneration of five North Carolina men, the state Supreme Court adopted a new ethics rule in March 2017 that requires any attorney who receives evidence suggesting the innocence of a convicted defendant …
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