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Indiana Federal Court Certifies Habeas Corpus Class of Prisoners Disciplined for Refusing to Admit Guilt in Sex Offender Program by Matthew Clarke On September 30, 2015, a U.S. district court certified a class of Indiana state prisoners who refused to admit their guilt as part of the Indiana Sex Offender …
Class-action Certified in Challenge to Treatment of Mentally Ill Mississippi Prisoners by David Reutter In September 2015, a Mississippi federal district court certified as a class-action a lawsuit challenging the treatment and conditions afforded mentally ill prisoners at the East Mississippi Correctional Facility (EMCF). The court further held that the …
Brief • November 3, 2016
Filed under: Excessive Force, Damages
Jennings v. Fuller, Verdict Form, Damages for Plaintiff, Unlawful Force, 2016 2:13-cv-13308-AC-RSW Doc # 120 Filed 11/03/16 Pg 1 of 6 Pg ID 1847 2:13-cv-13308-AC-RSW Doc # 120 Filed 11/03/16 Pg 2 of 6 Pg ID 1848 2:13-cv-13308-AC-RSW Doc # 120 Filed 11/03/16 Pg 3 of 6 Pg ID 1849 …
Article • November 1, 2016
Washington Supreme Court Sanctions Seattle Police for Failure to Comply With Public Records Act by Lonnie Burton Since 2007, Seattle Police Department's (SPD) entire patrol fleet has been equipped with in-car video and sound recording equipment ("dash-cam"). In 2010, a reporter from KOMO News, Tracy Vedder, made several requests to …
Article • November 1, 2016
Washington Prison File Inspection Request is PRA Request by Mark Wilson The Washington Court of Appeals held that a prisoner's request to review his central file was a Public Records Act (PRA) request. On May 3, 2010, an attorney for Washington prisoner Marvin Hunter requested the opportunity to review Hunter's …
NY: Prisoner's Abuse Claim Survives Motion to Dismiss by Lonnie Burton On December 2, 2014, a federal judge denied New York City's attempt to dismiss a suit filed by a Riker's Island prisoner who claimed he was attacked and beaten by a jail guard without provocation or justification. The excessive …
Brief • October 28, 2016
First Look Media Works, Inc. v. Department of Homeland Security, DC, Complaint, FOIA Violation, 2016 Case 1:16-cv-02165-CKK Document 1 Filed 10/28/16 Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA FIRST LOOK MEDIA WORKS, INC., 114 Fifth Ave. 18th Floor New York, NY 10011, PLAINTIFF vs. …
Article • October 27, 2016
Missouri Not Required to Disclose Identity of Doctor or Pharmacy Who Provide Drugs for Lethal Injections by Lonnie Burton In an 8-3 decision following an en banc hearing, the U.S. Court of Appeals for the Eighth Circuit ruled that the state of Missouri does not have to disclose the names …
Article • October 25, 2016
Federal Prison Worker Awarded Back Pay after Grievance Settled at Arbitration by Lonnie Burton The American Federation of Government Employees Council of Prison Locals, Local 510 (AFGE) and the United States Department of Justice (DOJ) entered into a settlement agreement on August 9, 2001, which provided for back pay with …
Article • October 25, 2016
Federal Court Rejects Prison Doctor's "Expert" Testimony by Lonnie Burton A U.S. District Court judge in Arizona has rejected nearly all of the proffered testimony of a doctor that prison officials had claimed was an "expert" on the issues of "the unique challenges of providing health care" in a correctional …
California Court Affirms Award of Attorney's Fees to Watchdog Group; Remands Case to Determine if Sanctions Appropriate by Lonnie Burton On June 7, 2016, the California Court of Appeal, Fourth Appellate District, Division One affirmed the award of attorney's fees to a state watchdog organization after they prevailed in a …
8th Circuit: "Favorable Termination" Rule Applies Even if Plaintiff No Longer Incarcerated by Lonnie Burton In Heck v. Humphrey, 512 U.S. 477 (1994), the Supreme Court ruled that a prisoner could not bring a suit for damages for an unconstitutional conviction or imprisonment, unless and until the underlying conviction has …
Brief • October 17, 2016
Jennings v. Rodriguez, US, ACLU Letter to SCOTUS, 2016 By Hand Delivery and Email October 17, 2016 Scott S. Harris Clerk Supreme Court of the United States 1 First Street, NE Washington, DC 20543 Re: Jennings v. Rodriguez, No. 15-1204 Dear Mr. Harris, Respondents submit this response to the Government’s …
Article • October 14, 2016
Ohio Supreme Court: Inference of Motive Justifies Death by Mark Wilson The Ohio Supreme Court affirmed the death sentence of a man who was sentenced to death by a three-judge panel on a mere inference of motive. David Williams, Nicholas Wiskur and Robin Patterson entered into a failed Ohio business …
Brief • October 11, 2016
Filed under: Depositions, Police
State of New York v. Dekuyper, NY, Supporting Deposition, Occupy Wall Street Arrest, 2011 Case 1:14-cv-08249-DLC Document 58-22 Filed 10/11/16 Page 1 of 1 Fax: Nov 29 2011 04: 4Sp1 P001 /003 CRIMlNALCOURTOFTHECrIYOFNEWYORK COUNTY OF NEW YORK: PART C THE PEOPLE OF THE STATE OF NEW YO'PJ< SUPPORTING DEl'OSmON -against- …
Article • October 3, 2016 • from PLN October, 2016
Oregon Post-conviction Judgment Violates State Law by Mark Wilson Last year the Oregon Court of Appeals reversed a lower court&rsquo;s judgment denying a prisoner&rsquo;s collateral appeal, because the judgment violated state law. Following the direct appeal of a conviction and sentence to the Court of Appeals and state Supreme Court, …
Article • October 3, 2016 • from PLN October, 2016
Federal Civil Procedure Rule 15 is Substantive, Not Chronological in Application by The Ninth Circuit Court of Appeals held on November 23, 2015 that Fed.R.Civ.P. 15 operates substantively, not chronologically, allowing a plaintiff to amend in whatever order he or she deems fit, provided there is compliance with the requirements …
Brief • September 29, 2016
Golding v. City of New York, NY, Opinion and Order, Upholding Expert Testimony, 2016 Case 1:15-cv-03498-ALC-SN Document 60 Filed 09/29/16 Page 1 of 8 Case 1:15-cv-03498-ALC-SN Document 60 Filed 09/29/16 Page 2 of 8 Case 1:15-cv-03498-ALC-SN Document 60 Filed 09/29/16 Page 3 of 8 Case 1:15-cv-03498-ALC-SN Document 60 Filed 09/29/16 …
Cones v. County of Los Angeles, CA, Order Granting Motion for New Trial, Arrest for Attempted Murder, 2016 Case 2:14-cv-08281-PSG-PLA Document 180 Filed 09/28/16 Page 1 of 16 Page ID #:3080 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 14-8281 PSG (PLAx) Title …
Brief • September 26, 2016
Filed under: Settlements, Immigration
Lyon v. ICE, CA, Notice of Proposed Settlement, Immigrant Detention, 2016 NOTICE OF PROPOSED SETTLEMENT REGARDING TELEPHONE ACCESS IN IMMIGRATION DETENTION LYON, ET AL. V. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ET AL., Case No. 3:13-cv-05878-EMC IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA TO: All current …
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