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Article • September 10, 2017
Utah Supreme Court: Prisoner had First Amendment Defense for Questionable Jail Correspondence to Minor Daughter by On June 19, 2017, the Supreme Court of Utah reversed a jail prisoner’s convictions for dealing harmful materials to a minor, which consisted of two letters he sent his 5-year-old daughter from jail, holding …
Article • September 8, 2017
Fifth Circuit Reinstates Part of Louisiana Prisoner's Failure-to-Protect, Medical Indifference Lawsuit by Lonnie Burton by Lonnie Burton On February 9, 2017, the United States Circuit Court of Appeals for the Fifth Circuit affirmedin part and reversed in part a district court's order granting summary judgment to prison officials in a …
Article • September 8, 2017
Filed under: Sentencing, Juveniles
California Court Refuses to Reduce Juvenile's 32 Years-to-Life Under Miller v. Alabama by Lonnie Burton by Lonnie Burton On January 24, 2017, a three-judge panel of the California Court of Appeal, Fourth Appellate District, Division Two, largely upheld the sentence of a man who was sentenced in 2011, at age …
Article • September 8, 2017
First Circuit Denies Qualified Immunity to Police Officer for Arrest Without Probable Cause by Lonnie Burton by Lonnie Burton On February 1, 2017, the U.S. Court of Appeals for the First Circuit set aside a lower court ruling which granted summary judgment to a police officer who was sued for …
Article • September 8, 2017
Eighth Circuit Affirms Dismissal of Minnesota Prison Workplace Injury Lawsuit by Lonnie Burton by Lonnie Burton On February 2, 2017, the U.S. Court of Appeals for the Eighth Circuit affirmed the ruling of a federal district court in Minneapolis which dismissed a lawsuit filed by a prisoner who lost three …
Article • September 8, 2017
Filed under: Tax Law, Religion Defined
Seventh Circuit Denounces "Sovereign Citizen" Claims in Otherwise Routine Denial of Frivolous Suit by Lonnie Burton by Lonnie Burton John Jones Bey sued the State of Indiana and county officials to enjoin them from taxing property he owns in Marion County, Indiana. He also sought a refund of past taxes …
Brief • September 8, 2017
Y.F. v. Wrenn, NH, Motion to Approve Settlement, Censorship of Drawings, 2017 Case 1:15-cv-00510-PB Document 32 Filed 09/08/17 Page 1 of 4 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE ____________________________________ ) Y.F., individually and as next of friend ) of minor C.F., and ) A.R., individually and as next …
Brief • September 8, 2017
Filed under: Centurion, Malpractice
Wright v. Centurion Correctional Healthcare of New Mexico, LLC, et al., NM, Complaint, Medical Malpractice, 2017 ..,JV C) Centurion 000045 FILED IN MY OFFICE DISTRICT COURT CLERK 9/8/201 t 3:27:26 PM PHILLIP ROMERO 0 THIRTEENTH JUDICIAL DISTRICT COURT COUNTY OF VALENCIA STATE OF NEW MEXICO SHAVIS WRIGHT Plaintiff, CASE NO.: …
Brief • September 8, 2017
Filed under: Whistleblowing
Auner v. County of Los Angeles, CA, Summons, Whistleblower Retaliation, 2017 . '~ ! :- --~1 ~=N: fJF ?~~f'<-' ~ ~ :--/ ~ ~!{. "" :·-. "\ GF LC SUM-100 SUMMONS rn OCT -Q (CITACION JUDICIAL) NOTICE TO DEFENDANT: CPUNTY'OF LOS ANGELf.S, and DOES 1.100, (AVJSO AL. DEMANDADOJ: inclusive PM …
Brief • September 8, 2017
Filed under: Whistleblowing
Auner v. County of Los Angeles, CA, Complaint, Whistleblower Retaliation, 2017 1 2 3 4 Terry M. Goldberg, Esq., S.B. No. 55674 Bradley C. Gage, Esq.,.S.B. No. 117808 Milad Sadr, Esq., S.B. No. 245080 LAW OFFICES OF GOLDBERG & GAGE A Partnership of Professional Corporations 23002 Victory Boulevard Woodland Hills, …
Article • September 7, 2017
Maine Judge Rules Prisoner's Nearly Two-Year Stay in Segregation Without Explanation Defies Due Process, Orders Hearing on Damages by Lonnie Burton by Lonnie Burton On March 23, 2015, Kennebec, Maine, Superior Court Justice M. Michaels Murphy found in favor of a state prisoner who claimed prison officials violated his due …
Article • September 7, 2017
Filed under: Contractor Misconduct
Red-Light Camera Company to Pay $20 Million Settlement to City of Chicago to Settle Fraud and Bribery Lawsuit by Lonnie Burton by Lonnie Burton Redflex Traffic Systems, Inc., a red-light camera company located in Australia, agreed on February 3, 2017, to pay the city of Chicago $20 million to settle …
Brief • September 7, 2017
Filed under: Sentencing
US v. D.M., CA, Opinion, 2017 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 16-50243 D.C. No. 3:12-cr-01821-BTM-1 v. D.M., Defendant-Appellant. OPINION Appeal from the United States District Court for the Southern District of California Barry Ted Moskowitz, Chief District Judge, …
Brief • September 7, 2017
Reyes v. County of Santa Clara, CA, Settlement, Excessive Force, 2017 SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release ("Agreement") is made by and between Daniel Reyes ("Plaintiff') and the County of Santa Clara in recognition of the following facts: A. On February 22, 2016, Plaintiff filed …
Article • September 6, 2017
Judicial Watch Not Entitled to Internal Department of Defense Memo In Bowe Bergdahl Case, D.C. Circuit Court Rules by Lonnie Burton by Lonnie Burton On February 7, 2017, a three-judge panel sitting in the U.S. Court of Appeals for the D.C. Circuit affirmed a ruling of the D.C. District Court …
Article • September 6, 2017
Random Drug Tests Do Not Violate Kansas Guard's Fourth, Fourteenth Amendment Rights, Tenth Circuit Holds by Lonnie Burton by Lonnie Burton On February 6, 2017, the U.S. Court of Appeals for the Tenth Circuit affirmed a decision of a Kansas federal district court judge dismissing a lawsuit filed by a …
Article • September 6, 2017
Filed under: Sentencing
Colorado Supreme Court Affirms Double Enhancement for Assault of Prison Guard by Christopher Zoukis by Christopher Zoukis The Colorado Supreme Court has upheld a trial court's decision to sentence a prisoner to a consecutive term for assaulting a prison guard and to enhance the sentence because it was committed by …
Article • September 6, 2017
Arizona Supreme Court Clarifies Proper Standard for Reviewing Search of a Probationer's Home by Christopher Zoukis by Christopher Zoukis The Arizona Supreme Court has cleared up confusion in the state about the amount of suspicion required to legally search a probationer's home without a warrant. Christian Adair was on probation …
Article • September 6, 2017
Eleventh Circuit Slams Douglas County, Georgia Sheriff's Office for Retaliation Against Whistle-Blower by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eleventh Circuit has issued a stinging opinion in which it firmly rebukes the retaliatory actions of the Douglas County, Georgia Sheriff's Office. Derrick Bailey, …
Article • September 6, 2017
Filed under: Children of Prisoners
California Appeals Court Reverses Termination of Parental Rights for Indian Child Welfare Act Notice Violation by Christopher Zoukis by Christopher Zoukis The California Court of Appeal for the First Appellate District has reversed a lower court's order terminating the parental rights of two imprisoned parents due to a failure to …
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