Kelly v. Wengler, ID, Affidavit of Mullen, CCA Failure to Protect, 2013 Case 1:11-cv-00185-EJL Case 1:11-cv-00185-EJL Document Document 42 *SEALED* 70 Filed 08/16/13 Filed 06/11/13 Page 1 Page of 7 1 of 7 Case 1:11-cv-00185-EJL Case 1:11-cv-00185-EJL Document Document 42 *SEALED* 70 Filed 08/16/13 Filed 06/11/13 Page 2 Page of …
Idaho Supreme Court Reverses Attorney Fee Case by The Supreme Court of Idaho reversed and remanded an Idaho Sixth Judicial District Court’s order denying attorney fees for the Plaintiffs after prevailing at trial. The issue under scrutiny at the Supreme Court level was the interpretation of Idaho Statute IC § …
Idaho Supreme Court Denies Bail Bondsmen Damage Claims by Derek Gilna In a recent decision, the Supreme Court of the State of Idaho has ruled against Allied Bail Bonds, Inc., who had appealed a lower state court decision denying it relief for several claims, including the alleged breach of a …
Idaho DOC Settles 30-year-old Class-action Lawsuit by Idaho officials first tried to suppress what they called an “inflammatory” and “libelous” report filed by a court-appointed expert in a longstanding suit involving the state’s prison system. They then finally agreed to settle the 30-year-old litigation based upon the report’s findings. In …
Idaho Supreme Court Affirms Firing of PHS Medical Director by The Idaho Supreme Court has upheld a lower court’s dismissal of a prison doctor’s challenge to his job termination, stemming from his abusive treatment of a prisoner. Dr. John F. Noak was the medical director for Prison Health Services (PHS), …
States Create Special Commissions to Study Flat-Fee Indigent Defense by Joe Watson Some states may soon be doing more to guarantee the Sixth Amendment right to counsel for indigent criminal defend-ants. Special commissions have been convened in Nevada, Idaho, Michigan and Pennsylvania to investigate how flat-fee contracts with private defense …
Idaho Appellate Defender: State’s Adult Misdemeanor Probation System “Void” by A memo authored by Sara B. Thomas, chief of the Idaho State Appellate Defender’s appellate unit, has concluded that the state’s adult misdemeanor probation system is unconstitutional, calling it “null, void and unenforceable.” According to the August 15, 2011 memo, …
Ninth Circuit Acknowledges Prisoner’s Right to Extended Voir Dire in Suit Alleging Abuse by Idaho Jail Officials by The Ninth Circuit Court of Appeals held that a lower court abused its discretion in refusing a prisoner's voir dire inquiry into potential juror bias for law enforcement. Floyd Darbin was a …
Idaho Population Caps Continue; Class Counsel & Representatives Reappointed by Idaho Population Caps Continue; Class Counsel & Representatives Reappointed On December 18, 2007, a federal court in Idaho re-appointed Class Representatives and ordered attorney fees for Plaintiffs' counsel in a long-running Idaho Department of Corrections (IDOC) overcrowding case. In 1987, …
Idaho Jail Institutes Pay-to-Stay-Out Program by A jail in Canyon County, Idaho has taken the concept of pay-to-stay one step further by charging certain convicted prisoners to stay out of jail. First-time offenders with a non-violent crime who are compliant may have the opportunity to pay up to $15 a …
Texas Prisoner on Idaho Presidential Primary Ballot in 2008 by Mark Wilson During the 2008 Democratic primary election, Idaho voters had three choices for president: Hillary Clinton, Barack Obama and Keith Russell Judd. At the time, Judd was serving time at the Beaumont Federal Correctional Institution in Texas on a …
Videotaped Assault at Idaho CCA Prison Sparks FBI Investigation by Mark Wilson Guards at a private prison in Idaho looked on, but did not intervene, as a prisoner was beaten into a coma. Video footage of the January 2010 incident has sparked an FBI investigation into civil rights violations at …
Balla v. Idaho Board of Correction, ID, Special Masters Report, Systemical Medical Neglect Class Action, 2012 Case 1:81-cv-01165-BLW Document 822 Filed 03/19/12 Page 1 of 24 o h a d I e h t r e h t i e N . t r u o C e h t …
Federal Court Rules on Exhaustion Issues for Joined Plaintiffs in Lawsuit Against CCA by On October 18, 2010, an Idaho federal court held that prisoners who were subjected to confusing rules and advice from prison officials regarding how to raise grievance issues had adequately exhausted their administrative remedies when they …
Ninth Circuit Faults Mootness Dismissal, Denial of Counsel by The ninth Circuit Court of Appeals vacated the mootness dismissal of an Idaho prisoner’s conditions of confinement suit. The court also found that it was an abuse of discretion to dismiss without ruling on the prisoner’s request for appointment of counsel. …
Hayes v. CCA, ID, Order denying PO, Inmate on Imate Assault Records, 2011 Case 1:09-cv-00122-BLW Document 69 Filed 09/07/11 Page 1 of 22 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO MICHAEL T. HAYES, Case No. 1:09-cv-00122-S-BLW Plaintiff, MEMORANDUM DECISION AND ORDER v. CORRECTIONS CORPORATION OF AMERICA (CCA), a …
Idaho: Prison Doctor’s Treatment Fell Below Standard of Care by David Reutter by David M. Reutter The Idaho State Board of Medicine’s Prelitigation Screening Panel found that a prisoner at the CCA-operated Idaho Correctional Center had “borne his burden of proving by a preponderance of the evidence that Dr. [Stephen] …
Idaho Court Of Appeals: Indigent Prisoners Not Required To Post Bond by Matthew Clarke By Matt Clarke The Idaho Court of Appeals has ruled that an indigent prisoner’s legal action cannot be dismissed for failure to post the bond required by I.C. § 6-610 of persons filing suit against a …
