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Article • November 18, 2015
Texas Information Officer’s Termination Lawsuit Dismissed by Texas Information Officer’s Termination Lawsuit Dismissed A Texas federal district court dismissed a discrimination lawsuit filed by former Texas Department of Criminal Justice (TDCJ) Public Information Director Michelle Lyons. She appealed to the Fifth Circuit Court of Appeals following the court’s September 2013 …
Article • November 18, 2015
Appeals Court Reverses $14 Million Award for Wrongfully Convicted Prisoner by Appeals Court Reverses $14 Million Award for Wrongfully Convicted Prisoner On January 31, 2013, the United States Courts of Appeals for the First Circuit reversed and remanded for retrial a case that concluded with a $14,000,000 damages award for …
Article • November 18, 2015
California Prisoner Barred From Proceeding in Forma Pauperis by California Prisoner Barred From Proceeding in Forma Pauperis The United States Court of Appeals for the Eastern District of California dismissed, on December 26, 2013, plaintiff Eric Charles Rodney Knapp’s appeal of the district court’s grant of summary judgment in favor …
Article • November 18, 2015
Nebraska: Evidence and Due Process Sufficient to Find Prisoner Guilty of Prison Rule Infraction by Nebraska: Evidence and Due Process Sufficient to Find Prisoner Guilty of Prison Rule Infraction The Nebraska Court of Appeals has affirmed a lower court’s holding that prisoner James Saylor received due process and was found …
Article • November 18, 2015
Excessive Oregon “DUII-Conviction Fee” Vacated by Excessive Oregon “DUII-Conviction Fee” Vacated On July 23, 2014, the Oregon Court of Appeals held that a lower court imposed an excessive fee for driving under the influence of intoxicants (DUII). The Oregon sentencing courts were previously allowed to assess a “DUII-conviction fee” of …
Brief • November 18, 2015
Murphy et al v. City of Key West, FL, Deposition - Lee, police policy, 2015 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA KEY WEST DIVISION CASE NO.: 4:15-CV-10044-JEM MARTY MURPHY, as Guardian for MATTHEW SHAUN MURPHY, and MARIE K. ANNULYSSE, as natural Parent of …
James v. CoreCivic, NM, Complaint, Employment Retaliation, 2015 FILED IN MY OFFICE DISTRICT COURT CLERK 11/18/2015 10:57:43 AM KATHY GALLEGOS Flo Abad STATE OF NEW MEXICO COUNTY OF CIBOLA THIRTEENTH JUDICIAL DISTRICT COURT MARY B. JAMES, Plaintiff, vs. N~-1333-CV-2015-00207 CORRECTIONS CORPORATION OF AMERICA, a foreign corporation. Defendant. DEMAND FOR A …
Article • November 17, 2015
Illinois’ Federal Court Holds Awarded Attorneys’ Fees Proportionate to Success in Suit against Police Officer; Chicago Free from Liability by Illinois’ Federal Court Holds Awarded Attorneys’ Fees Proportionate to Success in Suit against Police Officer; Chicago Free from Liability The U.S. Court of Appeals for the Seventh Circuit has affirmed …
Article • November 17, 2015
Federal Prisoner Raising Due Process Claim Sanctioned for Pattern of Frivolous Filing by Federal Prisoner Raising Due Process Claim Sanctioned for Pattern of Frivolous Filing The U.S. Court of Appeals for the Seventh Circuit has sanctioned a federal prisoner after a history of deception and misuse of the legal system. …
Article • November 17, 2015
New York Man Wrongfully Convicted of Murder Permitted to Amend Federal Suit by New York Man Wrongfully Convicted of Murder Permitted to Amend Federal Suit The United States District Court for the Southern District of New York has allowed a man to amend his wrongfully convicted suit to include additional …
Article • November 17, 2015
Massachusetts Prisoner Denied Credit for Time Completed on Vacated Conviction by Massachusetts Prisoner Denied Credit for Time Completed on Vacated Conviction The Massachusetts Supreme Court has held that a prisoner serving time on an unrelated sentence was not entitled to credit for the completed prison sentence of a vacated conviction. …
Article • November 17, 2015
Records Pertaining to High Profile Terrorist Exempt Under Federal Freedom of Information Act by Records Pertaining to High Profile Terrorist Exempt Under Federal Freedom of Information Act The U.S. Court of Appeals for the Second Circuit has held that videos and other recordings of a detained high profile terrorist were …
Article • November 17, 2015
Filed under: Bail, Overdetention, Immigration
Immigrants Must Be Given Bail Hearing after Six Months by Immigrants Must Be Given Bail Hearing after Six Months The U.S. government's practice of indefinitely holding deportable immigrants in jail without giving them a chance to argue for release on bail was given the red light when a federal court …
Article • November 17, 2015
New York Man Previously Convicted as Sex Offender Subject to Amended Statute’s Stricter Requirements by New York Man Previously Convicted as Sex Offender Subject to Amended Statute’s Stricter Requirements The U.S. Court of Appeals for the Second Circuit has held that a state sex offender statute’s amendments applied to a …
Article • November 17, 2015
Filed under: Attorney Fee Awards
New York: Federal Court’s Denial of Fees to Attorney Improper without Further Inquiry into Time Records by New York: Federal Court’s Denial of Fees to Attorney Improper without Further Inquiry into Time Records The U.S. Court of Appeals for the Second Circuit has held that a lower court abused its …
Article • November 17, 2015
First Circuit: First Amendment Right to Film Traffic Stops by First Circuit: First Amendment Right to Film Traffic Stops On May 23, 2014, the First Circuit U.S. Court of Appeals denied an appeal filed by the Weare, New Hampshire, police department and several of its officers challenging a district court …
Article • November 17, 2015
North Carolina District Attorney Not Entitled to Qualified Immunity for Allegedly Firing Employee Based on His Public Statements Criticizing Program by North Carolina District Attorney Not Entitled to Qualified Immunity for Allegedly Firing Employee Based on His Public Statements Criticizing Program The U.S. Court of Appeals for the Fourth Circuit …
Article • November 17, 2015
New York Prisoner’s Suit Dismissed in Federal Court for Prisoner’s Misconduct by New York Prisoner’s Suit Dismissed in Federal Court for Prisoner’s Misconduct The U.S. Court of Appeals for the Second Circuit has affirmed the district court’s dismissal of a suit filed by Edward Koehl, a New York prisoner, for …
Article • November 17, 2015
Iowa: State Department Ordered to Cover Court-Appointed Counsel’s Expenses in Privately Prosecuted State Action by Iowa: State Department Ordered to Cover Court-Appointed Counsel’s Expenses in Privately Prosecuted State Action The Iowa Supreme Court has affirmed a lower court’s order for the Iowa Department of Management (IDM) to pay, as a …
Article • November 17, 2015
Federal Court Extends Discovery Cutoff Dates and Orders Michigan Jail Guard to Respond by Federal Court Extends Discovery Cutoff Dates and Orders Michigan Jail Guard to Respond The U.S. District Court for the Eastern District of Michigan has granted in part and denied in part a motion to compel defendant …
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