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Double Costs and Attorney Fees Award Improper in Civil Rights Action by The Ninth Circuit Court of Appeals, in an issue of first impression, held the “double recovery of costs other attorney fees is just as impermissible as double recovery of attorney fees.”  The holding came in a case involving …
California Housing Classifications May Burden Religious Freedom, but Constitutional Liability Overcomes Burden by The Ninth Circuit Court of Appeals held a prisoner stated a claim under the Religious Land Use and Institutionalized Persons Act (RLUIPA) that his classification as racially eligible to house with non-“Aryan” prisoners interfered with his religious …
Article • July 29, 2016
New York Man Falsely Charged with Crimes Awarded $560,000 by A New York federal jury awarded $560,000 in compensatory and punitive damages against police officers in a civil rights action brought by a man who had previously been acquitted of drug and firearm charges.  The second Circuit Court of Appeals …
Settlement in condition Suit Challenging Birmingham Jail by A settlement agreement was reached in a class action lawsuit concerning the conditions of confinement in Alabama’s Birmingham jail.  The suit was filed in 2011 and was the subject of several PLN reports.  The April 15, 2014, settlement required 100 pre-trial detainees …
Article • July 29, 2016
Michigan Man Convicted on Faulty Bite Evidence Receives $1.5 Million by A $1.5 million settlement was reached in a lawsuit brought by a Michigan man who spent 13 years in prison for a rape charge based on faulty bite mark evidence. Two weeks before the case was set to proceed …
$5.5 Million Dollar Award for Estate of Unarmed Ohio Man Killed by Police by On Ohio federal jury awarded $5.5 million against an off-duty Cleveland police officer who shot and killed an unarmed man. The suit concerns the March 10, 2012, death of 20 year old Kenneth C. Smith.  He …
Brothers Win Further Proceedings in Police Excessive Force Claim by The Sixth Circuit Court of Appeals held on Ohio Federal District Court erred in finding a plaintiff voluntarily assented to a Release-dismissal Agreement that barred a lawsuit against defendants for excessive force.  The Court further held it was improper to …
Tennessee Public Records Attorney Fee Award Excludes Pro Se Work by The Tennessee Court of Appeals at Jackson held a litigant is entitled to the award of attorney fees and costs under the Tennessee Public Records Act (TPRA) if the defendant willfully refused to disclose the requested records.  The Court, …
Article • July 29, 2016
$600,000 Settlement in New Orleans Detainee’s Death by A $600,000 settlement was reached in the death of a pre-trial detainee at Orleans Parish Prison (OPP).  At least five other lawsuits are pending in the deaths of other detainees. Cayne Miceli is one of at least 44 people to die at …
Article • July 29, 2016
$100,000 Settlement in Federal Prisoner’s Death by A $100,000 settlement was reached in a lawsuit concerning the death of a federal prisoner.  The complaint alleged negligence and wrongful death. Prisoner Robert Bassil had a long history of serious heart disease upon reception at FCI Manchester in Kentucky.  That history showed …
$700,000 Settlement in BOP Prisoner’s Delayed Treatment Claim by The federal Bureau of Prisons (BOP) agreed to a $700,000 settlement in a lawsuit alleging prison doctors failed to properly treat a prisoner who suffered a head injury form an assault. Prisoner Nathaniel Askew was incarcerated at FCI-Safford in Arizona on …
Article • July 29, 2016
$662,500 Award for VA Man subject to Illegal Home Search and Tasing by A Virginia federal jury awarded $62,000 to a man in a claim police officers illegally entered his home and tased him. Marcus Mial called police in 2010 after his wife grabbed a knife and threatened to harm …
Article • July 29, 2016
$500,000 Jury Award in New Orleans’ Woman’s Shooting Death by Police by A New Orleans federal jury awarded $500,000 to a New Orleans woman who was shot and killed by police, but it found her 50% at fault. While driving without her headlights on during the evening of January 24, …
Brief • July 29, 2016
Marom v. City of New York, NY, Order on Reconsideration, Police Misconduct and Overdetention, 2016 Case 1:15-cv-02017-PKC-SN Document 66 Filed 07/29/16 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------x YOTAM MAROM, MIRIAM ROCEK, and DON FITGERALD, Plaintiffs, -against- 15-cv-2017 (PKC) MEMORANDUM AND ORDER ON …
Brief • July 29, 2016
Newell v. Warren County, KY, Plaintiff's First Discovery Request, 2016 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY BOWLING GREEN DIVISION [Filed Electronically] JOHN WESLEY NEWELL, ) ) ) ) ) ) ) ) ) PLAINTIFF v. WARREN COUNTY, KENTUCKY, et al., DEFENDANTS. Case No. 1:16-cv-70-GNS PLAINTIFF’S FIRST DISCOVERY REQUESTS …
Publication • July 29, 2016
War Comes Home - Excessive Militarization of American Policing, ACLU, 2014 WAR COMES HOME The Excessive Militarization of American Policing June 2014 War Comes Home At America’s Expense: The Excessive Militarization of American Policing The Mass Incarceration of the Elderly © 2014 ACLU Foundation June 2012 American Civil Liberties Union …
Publication • July 29, 2016
Independent Review of the Officer Involved Shooting of May 11, 2009, Keypoint, 2009 REPORT ON THE INDEPENDENT REVIEW OF THE OFFICER INVOLVED SHOOTING OF MAY 11, 2009 Prepared for Office of the Police Monitor for the City of Austin PREPARED BY: KeyPoint Government Solutions The Chrysler Building | 405 Lexington …
Publication • July 29, 2016
Abandoned and Abused - Orleans Parish Prisoners in the Wake of Hurricane Katrina, ACLU, 2006 COVER PHOTOGRAPH: A/P WIDE WORLD PHOTOS Joyce Gilson AUTHORS National Prison Project of the American Civil Liberties Union Founded in 1972 by the American Civil Liberties Union (ACLU), the National Prison Project (NPP) seeks to …
Publication • July 29, 2016
In Defense of Public Access to Justice – Trial-Level Indigent Defense in LA, NLADA, 2004 IN DEFENSE OF PUBLIC ACCESS TO JUSTICE AN ASSESSMENT OF TRIAL-LEVEL INDIGENT DEFENSE SERVICES IN LOUISIANA 40 YEARS AFTER GIDEON March 2004 Researched & Written by: The National Legal Aid & Defender Association 1140 Connecticut …
Publication • July 29, 2016
A Race to the Bottom – Trial-Level Indigent Defense System in MI, NLADA, 2008 Speed & Savings Over Due Process: A Constitutional Crisis June 2008 EVALUATION A Race to the Bottom TRIAL-LEVEL INDIGENT DEFENSE SYSTEMS IN MICHIGAN - Evaluation of Trial-Level Indigent Defense Systems in Michigan is a publication of …
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