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Brief • September 26, 2016
Masters v. City of Independence, MO, Complaint, TASER cardiac arrest, 2016 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION BRYCE E. MASTERS, Plaintiff, v. CITY OF INDEPENDENCE, CHIEF OF POLICE TOM DAILEY, SGT. BRYCE BLACKMORE, TIMOTHY RUNNELS, TASER INTERNATIONAL, INC., and PATRICK “RICK” SMITH, …
More Lawyers, Same Injustice by By Oren Nimni & Nathan J. Robinson, Current Affairs A case in Georgia has become notorious for its profanity. But it also says something about our public defender system… Last month, in a Georgia courtroom, defendant Denver Fenton Allen appeared in front of Judge Bryant Durham, …
Brief • September 14, 2016
Sledge v. Little, NC, Amended Complaint, Wrongful Conviction, 2016 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION File No. 7:15-cv-180-D JOSEPH SLEDGE, JR., Plaintiff, vs. PHILLIP LITTLE, in his individual and official capacities; EARL STORMS, in his official capacity; STEPHEN BUNN, in his …
Henricks v. Gonzales, OH, Verdict, Medical Neglect, 2016
Article • September 9, 2016
4th Circuit Overturns Dismissal of Adam Walsh Civil Commitment Case by Derek Gilna The 4th Circuit Court of Appeals has reversed the dismissal of the Adam Walsh case against Walter Wooden, finding that the application of that Act to the defendant did not violate the Due Process and Equal Protection …
Article • September 9, 2016
BOP Grievance System Can Foster "Compliance or Defiance" by Derek Gilna The Federal Bureau of Prisons (BOP) first instituted the prisoner grievance system (IR) in 1974, and since that time it appears to have become an important tool to defuse prisoner complaints about the BOP and its procedures. A new …
Article • September 8, 2016
D.C. Circuit reinstates prisoner's FOIA case on "Public Domain" grounds by Derek Gilna Carlos Marino, incarcerated for a 1997 drug conspiracy conviction, in 2004 submitted a Freedom of Information Request (FOIA) to the Drug Enforcement Administration (DEA) seeking all information that had already made public in his criminal trials in …
Second Circuit Permits Office of Personnel Management to Assert FOIA Exemption 6 by Derek Gilna The Freedom of Information Act, 5 U.S.C. Section 552(b)(6), also known as "FOIA," was enacted "to promote honest and open government," Grand Cent. P'ship, Inc. v. Cuomo, 166 F.3d 473, 478 (2d Cir. 1999), and …
Lakewood (WA) Police Department Found in Violation of State Public Records Act by Lonnie Burton On May 25, 2016, Division Two of the Washington State Court of Appeals found that the city of Lakewood, Washington, and the Lakewood Police Department (LPD) improperly withheld documents in a Public Records Act (PRA) …
Article • September 7, 2016
Delaware: Prisoners Have No Right of Access to Certain DOC Policies; Court Rules Statute Denying Access Constitutional by Lonnie Burton On May 25, 2016, the Court of Chancery of the State of Delaware upheld the constitutionality of a state statute which prohibits the Department of Correction (DOC) from providing certain …
Brief • September 7, 2016
Strong v. Tessmann, IL, Amended Complaint, Wrongful Conviction, 2016 Case: 1:16-cv-04885 Document #: 112 Filed: 09/07/16 Page 1 of 38 PageID #:274 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JASON STRONG, ) ) Plaintiff, ) ) v. ) ) LUCIAN TESSMANN, WILLIAM VALKO, …
Article • September 6, 2016
Supreme Court: Judges Who Were Significantly Involved in Cases as Prosecutors Must Recuse by There is a risk of bias that is impermissible under the Due Process Clause where the judge in a case previously had significant, personal involvement in a critical decision in the case while serving as prosecutor.  …
Article • September 6, 2016
District of Columbia Circuit Court of Appeals Reverses Dismissal of FOIA Request by Christopher Zoukis The United States Court of Appeals for the District of Columbia Circuit reversed a lower court's decision to dismiss the appeal of a Freedom of Information Act (FOIA) records request on June 28, 2016. Florent …
Brown v. DPSCS, MD, Amended Complaint, Discrimination Against Blind Prisoners, 2016 Case 1:16-cv-00945-RDB Document 20 Filed 09/06/16 Page 1 of 33 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ANTHONY BLUE STEVEN BROWN WILBERT DELANO GREGORY HAMMOND SEDRIC HOLLEY RUSSELL HOPKINS JOHNNIE JAMES TYRELL POLLEY MAYNARD SNEED …
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 …
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