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Article • May 15, 2007
Work Privilege Discussed by At 332: Factual information cannot be given "privileged" status merely because an attorney communicated the facts to the client or because the client communicated the facts to the attorney. For example, providing preexisting documents to an attorney does not thereby render the documents protected by the …
California Sexual Predators’ Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John Dannenberg California Sexual Predators' Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John E. Dannenberg A class of 600 civilly committed sexually violent predators (SVP) sued the California Department of Mental Health (DMH) under 42 U.S.C. …
Brief • March 30, 2007
Sawchuck v. Jenne, FL, Order, Attorney-Client Communications, 2007 ,~.- Case 0:06-cv-61182- KAM Document 49 " Entered on FLSD Docket 03/30/2007 Page UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 06- 61182- Civ- MARRAlJOHNSON JOSEPH SAWCHUCK and RICHARD SPENCER individually and on behalf of all others similarly situated Plaintiffs …
Article • January 15, 2007 • from PLN January, 2007
Settlement Revamps Grant County, Washington Indigent Defense System; County Agrees to $1.1 Million in Attorney Fees by Grant County, Washington entered into a sweeping settlement to resolve a class-action lawsuit alleging that its indigent defense system was constitutionally deficient. Prior to February 12, 2004, Grant County ?maintained a contract system …
Article • November 15, 2006 • from PLN November, 2006
U.S. Businesses Lobby Government to Curb Federal Prosecutors by Matthew Clarke by Matthew T. Clarke U.S. businesses and Wall Street investment companies have begun a campaign to get the Justice Department to reign in federal prosecutors in business crime cases. The effort by the U.S. Chamber of Commerce, Securities Industry …
Brief • October 7, 2006
Filed under: Attorney Client
Gyasi v. City of New York et al, NY, Def Res to Plf 2nd Set of Interrogations, attorney-client privileged info, 2006.pdf Deo 07 2086 2:+BPH HP LRSERJET 3330 UNITED STATES DlSTRICT COURT SOWWERBl DlSTRICT OF NEW YORK . . a - ------PliintifZ X. DEFENDANTS' suwLEMEmAL RESPONSES TO l % m …
No Qualified Immunity for Retaliatory Transfer; Jury Awards $219,000 in Damages by The Sixth Circuit Court of Appeals has held that a guard is not entitled to qualified immunity for initiating a retaliatory prison transfer against a prisoner who had complained to the guards supervisor that the guard failed to …
Legal Research Prohibition Upon Contract Attorney Denies Adequate Court Access by David Reutter by David M. Reutter An Iowa federal district court has held that the legal assistance program at Iowas Anamosa State Penitentiary (ASP) was an unconstitutional impediment to a prisoners access to the court because it did not …
Article • December 15, 2005 • from PLN December, 2005
"Actual Innocence" Rule Inapplicable to Breach of Contract by Lawyer by "Actual Innocence" Rule Inapplicable to Breach of Contract by Lawyer The Seventh Circuit Court of Appeals reversed a district court's dismissal of a diversity suit, holding that the actual innocence" rule does not bar claims of breach of contract/fiduciary …
Article • November 15, 2005 • from PLN November, 2005
Mississippi Juvenile Legal Access Class Action Settled by On January 12, 2005, Mississippi settled a class action suit challenging a policy at the Colombia Training School (CTS) which severely limited residents' access to legal counsel. CTS is a co-ed juvenile detention facility in Mississippi. The residents range in age from …
First They Came For Lynne Stewart by Marjorie Cohn First they came for the communists, and I did not speak out because I was not a communist; Then they came for the socialists, and I did not speak out because I was not a socialist; Then they came for the …
Four Guards Suspended By CCA Following Their Murder of Prisoner in Tennessee Jail by Four Guards Suspended By CCA Following Their Murder of Prisoner in Tennessee Jail by Matthew T. Clarke Four male CCA Guards have been placed on paid administrative leave following their murder of a female prisoner at …
Article • September 15, 2004 • from PLN September, 2004
Former Ohio Parole Chief, Parole Attorney Alliance Raises Ethical Concerns by Michael Rigby A business partnership between former head of the Ohio Parole Board, Margarette Ghee, and Ohio prisoner-turned-parole attorney, Derek Farmer, has raised ethical concerns in the legal and criminal justice communities. After serving 18 years on a 1974 …
Article • July 15, 2004 • from PLN July, 2004
Sanctions Against Ohio Paralegal Firm Upheld by The U.S. Seventh Circuit Court of Appeals affirmed in part and reversed in part a federal district court's sanctions against National Legal Professional Associates (NLPA) and its leader for unauthorized practice of law. NLPA is a paralegal service that markets directly to criminal …
Videotapes Prove Abuse of 9/11 Detainees by Federal Guards by by Matthew T. Clarke On December 18, 2003, Glenn A. Finer, Inspector General of the U.S. Justice Department, released a report which found that guards at the Metropolitan Detention Center (MDC) in Brooklyn, New York, physically and verbally abused detainees …
Nebraska Prisoners Win Summary Judgment on Phone Access and Monitoring Issues by Nebraska Prisoners Win Summary Judgment on Phone Access and Monitoring Issues by Matthew T. Clarke A Nebraska state district court granted Nebraska state prisoners' summary judgment on issues involving the monitoring and recording of phone calls to government …
Court Mail Is Legal Mail; Damages and Fees Upheld in Legal Mail Opening by Daniel E. Manville by Dan Manville The Sixth Circuit has held that mail from a court is entitled to First Amendment protection, which means that prison officials had to open legal mail in the presence of …
California Prison Guards' Attorneys Convicted in Dog Mauling by Marvin Mentor On March 21, 2002, a San Francisco, California husband and wife attorney team, Robert Noel and Marjorie Knoller, who for years had defended prison guards at maximum security Pelican Bay State Prison (PBSP), were themselves convicted of manslaughter when …
New Mexico Lawyers Entitled to Jail Visiting, Phone and Records Access by A New Mexico federal district court has entered a preliminary injunction that enjoins jail officials from prohibiting class counsel from having access to the jail, its prisoners and staff, its records, and from imposing time limits on telephone …
Ninth Circuit Upholds Sanctions Against Idaho DOC Lawyer; DOC Retaliated for Litigation by by Matthew T. Clarke The Ninth Circuit court of appeals upheld the injunctive relief granted against Idaho Department of Corrections (DOC) officials for retaliating against prisoners who filed grievances or litigation. Sanctions awarded against the defendants' attorney …
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