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Publication • September 1, 2016
Civil Rights Plaintiffs Can Defeat Qualified Immunity Defenses and Get Frivolous Appeal Sanctions, Rosen, 1999.pdf CIVIL RIGHTS PLAINTIFFS CAN DEFEAT QUALIFIED IMMUNITY DEFENSES AND GET FRIVOLOUS APPEAL SANCTIONS: THEY SHOULD TRY MORE OFTEN!  Sanford Jay Rosen April 1999 INTRODUCTION This article is about recent United States Supreme Court and …
Article • August 25, 2016
Nevada Public Records Act Requires State to Provide Log of Basic Information About Withheld Information by In a unanimous opinion, the Nevada Supreme Court has held that, as a general matter, the state's Public Records Act ("PRA") requires a state entity withholding requested records to provide the requesting party with …
Article • August 25, 2016
Settlement and $325,000 Attorney Fee Award in Suit over Jail Conditions at Passaic County Jail by Matthew Clarke On February 23, 2012, the American Civil liberties Union (ACLU) and Seton Ha].] University School of Law's Center for Social Justice (CSJ) announced the preliminary settlement of a federal class-action civil-rights lawsuit …
Article • August 25, 2016
BOP Admits to Email Destruction Policy; Discovery of Policy Compliance with FRA Allowed by A federal court in Oregon held that a party to a Freedom of Information Act (FOIA) action was entitled to discovery regarding the record retention/destruction policy of the federal Bureau of Prisons (BOP). In November 2008, …
Article • August 25, 2016
Texas Criminal Court Fees Are a Secret Tax on the Poor by The Texas Legislature has erected such a mishmash of criminal court fees that even the- court administrators and clerks don't know how to apply them. These fees, which are frequently not used for their intended purposes amount to …
Article • August 25, 2016
Wyoming Court of Appeals Permits Delay in Prison Allowing Public Records Access by Jonmichael Guy, a Wyoming Department of Corrections (DOC) prisoner sent Steve Hargett, warden of the Wyoming Medium Correctional Institute, an internal inmate communication form requesting permission to view the DOC's Policy and Procedure # 1.215, Code of …
New Wrongful Death Trial Prompts Potential $600,000 Settlement; Judge Gave Faulty Jury Instructions, Finds Excessive Force by On December 5, 1999, 29 year-old Damon Lowery’s life came to a tragic and, in police custody.  Now, more than five years later, the new trial looming, Portland, Oregon, officials are considering paying …
Article • August 25, 2016
Wisconsin DOC Unexpectedly Releases Use of Force Video by The Associated Press (AP) settled a lawsuit against the Wisconsin Department of Corrections (WDOC) for $5,000 in attorney’s fees and an edited copy of a use of force video. The AP sued the WDOC in October 2009 when it refused to …
Article • August 25, 2016
US District Court Orders Release of Records to Prisoner by In the United States District Court for the District of New Mexico, before U.S. Magistrate Lourdes A. Martinez, federal prisoner Anceso Rodrigo Aceves prevailed in his efforts to obtain certain prison records pertaining to himself. Defendants were officials of the …
Supermax Prisoner Denied FOIL and Privacy Requests by 10th Circuit by Derek Gilna Mark Jordan, a prisoner at the United States Penitentiary Administrative Maximum Facility (ADX), in Florence, Colorado, has been denied relief under the Freedom of Information Act (FOIA), 5 U.S.C. Section 552, and the Privacy Act (PA), 5 …
Article • August 25, 2016
Los Angeles County Sanctioned for Withholding Use-of-Force Documents by In July 2012, United States Magistrate Judge Stephen Hillman ordered Los Angeles County to pay $7,000 in sanctions for opposing a motion to compel production of documents, without substantial justification in a federal case alleging unconstitutional use of force by county …
Article • August 25, 2016
Federal Appellate Court Finds Contradiction in Lower Court’s Denial of Absolute Immunity to Prosecutor by The U.S. Court of Appeals for the Seventh Circuit has affirmed the lower court’s denial of immunity to one prosecutor and reversed and remanded for reconsideration the denial of immunity to another prosecutor. The U.S. …
Article • August 24, 2016
Eight Circuit: Trial Court has Discretion to Keep Records Seal by United States Court of Appeals, Eight Circuit vacated the trial court's denial of motion to unseal a complaint. Arkansas Public Law Center ("APLC") filed a motion to unseal IDT Corp. and Netzphone, Inc. ("the Company") civil suit against eBay, …
Article • August 24, 2016
Tennessee Woman Award $71,343 in Attorney Fees in Public Records Suit by A Tennessee Appeals Court awarded $71,343 in attorney fees to a woman who brought suit to obtain public records. Rebecca Little sought records about sewer and other improvements the city of Chattanooga annexed in 1972. The Hamilton County …
Article • August 24, 2016
California: Prisoner Not Entitled to Points Reduction in Classification Score Unless Actually Participating in Programs by Michael Brodheim In a published case, the California Court of Appeal for the Third Appellate District has held that a prisoner is not entitled to a reduction in his or her classification score for …
Article • August 23, 2016
Report On Arizona Hostage Crisis May Never Be Released by Michael Rigby A report on the 2004 hostage crisis at the Arizona Prison Complex-Lewis took hundreds of thousands of taxpayer dollars and more than three months to produce. But thanks to partisan politics and bureaucratic infighting, the report may never …
Solitary Confinement Emboldens Recalcitrant Witnesses, Breaks Court's Resolve by A Washington federal court ordered the release of two recalcitrant federal grand jury witnesses, after five months of confinement. In September 2012, Katherine Olejnik and Matthew Duran refused to testify before a Federal Grand Jury. As a result, a Washington federal …
Article • August 23, 2016
Texas Ramps Up Medical Paroles by Matthew Clarke Recently, Texas has increased the use of medically-recommended parole. The parole board approved over twice as many medical releases in Fiscal Year (FY) 2011 than it did in FY 2009. Even so, the 85 Texas prisoners approved to be released for medical …
Article • August 22, 2016
Dismissal of Prisoner 1983 for “Failure to Exhaust Administrative Remedies” Denied by Derek Gilna Trevor Griffith, a prisoner in the New York Department of Correctional Services (DOCS), had filed a 42 U.S.C.A. Section 1983 Civil Rights case against the DOCS alleging mistreatment while he was in the Special Housing Unit …
Brief • August 22, 2016
New Mexico Foundation for Open Government v. Corizon Health, NM, Mot for Stay of Order, Records Request, 2016 FILED IN MY OFFICE DISTRICT COURT CLERK 8/22/2016 5:27:01 PM STEPHEN T. PACHECO Jorge Montes STATE OF NEW MEXICO COUNTY OF SANTA FE FIRST JUDICIAL DISTRICT COURT NEW MEXICO FOUNDATION FOR OPEN …
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