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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 …
Brief • November 22, 2017
WPXI Inc v. Pennsylvania, PA, Opinion, Grand Jury Investigation, 2017 [J-70-2017] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT IN RE: 2014 ALLEGHENY COUNTY INVESTIGATING GRAND JURY APPEAL OF: WPXI, INC. : : : : : : : : : : : No. 26 WAP 2017 Appeal from the Order …
Brief • November 22, 2017
Miller v. County of Centre, PA, Appeal-Opinion, Disclosure of Financial Records, 2017 [J-31A-2017 and J-31B-2017] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ. STACY PARKS MILLER, DISTRICT ATTORNEY, Appellant v. COUNTY OF CENTRE; SEAN P. MCGRAW; ANDREW SHUBIN, ATTORNEY AT LAW, …
Brief • November 20, 2017
Woodson v. McCollum, OK, Opinion, Plaintiff Obligation to Pay Filing Fees, 2017 PUBLISH FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS November 20, 2017 FOR THE TENTH CIRCUIT _________________________________ Elisabeth A. Shumaker Clerk of Court MARCUS D. WOODSON, Plaintiff - Appellant, v. No. 17-6064 TRACY …
Brunson v. Nichols, LA, Opinion, Inmate Grievance, 2017 Case: 14-31350 Document: 00514238546 Page: 1 Date Filed: 11/15/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-31350 United States Court of Appeals Fifth Circuit FILED November 15, 2017 DERRICK D. L. BRUNSON, Lyle W. Cayce Clerk Plaintiff …
The People v. Watts, CA, Appeal Brief, Murder, 2017 Filed 11/14/17 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE THE PEOPLE, Plaintiff and Respondent, B270324 (Los Angeles County Super. Ct. No. TA129035) v. BOBBY WATTS, Defendant and Appellant. APPEAL …
Aguilar v. City of Concord, CA, Settlement, Excessive Force - Beating, 2017 SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release ("Agreement") is made by and between IGNACIO AGUILAR, Plaintiff ("PLAINTIFF"), and CITY OF CONCORD ("DEFENDANT"), on behalf of all Defendants, including Ofc. Boccio and Ofc. Phalen, by …
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