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Maynor v. Morgan County, AL, Consent Decree, Inmate Funds Misappropriation, 2001
Brief • September 25, 2001
Filed under: Classification, Totality of Conditions, Fire Hazards, Food, Overcrowding, Eighth Amendment, Staffing, Ventilation, Exercise, Exposure to Cold, Showers, Toilets, Plumbing, Sewage, Water, Sanitation, Bedding, Hygiene Supplies, Reading Materials, Lighting, Laundry, Vermin, Exposure to Heat, Legal Materials, Failure to Treat (Mental Illness)
the on-call nurse or the Jail's Medical Director to determine what medical care or medication is appropriate, consistent with the community standard of care for the inmate's medical condition, until the inmate ...
Gregg v. State of Hawaii, HI, Complaint, Systemic Sexual Harassment Class Action, 2014
Brief • January 31, 2014
Filed under: Staff-Prisoner Harassment
asked Plaintiff what kind of drugs she used, whether she had sex while on drugs, and how many partners Plaintiff previously had sex relations with. Defendant Wagatsuma also asked Plaintiff whether she had ...
Hernandez v. Cook County, IL, Ptf's Response to Motion to File Sur-Reply, Political Based Retaliation Against Jail Guards, 2013
Brief • August 26, 2013
Filed under: Retaliation against Staff
what is in Defendants’ Response and does not address issues that could not have been raised in Defendants’ response or new legal issues, Defendants’ motion for leave to file a sur-reply should be denied ...
Kelly v. Wengler, ID, Dft's Rsps. to Plt's Discovery Mtn. CCA Failure to Protect, 2013
Brief • June 24, 2013
Filed under: Corrections Corporation of America/CoreCivic, Failure to Protect (General)
in the negotiations. Defendants would only agree to a private settlement that did not require judicial approval. They bargained for a settlement agreement, and that is what the parties entered into. See Rufo v. Inmates ...
Temple v. State, Ex Parte granting new trial, TX, appeal wrongful conviction, 2015
Brief • July 6, 2015
Filed under: Prosecutor/Attorney General Misconduct, Appeals, Wrongful Conviction
25, 1999, Joe Cadena was interviewed by law enforcement and told them that around 4:25-4:30 pm he heard what sounded like a backfire from a car on the day of the murder. 27. The State's theory ...
Sardakowski v. Clements, CO, Recommendation, 8th Am ADA RA mental health, 2012
Brief • March 26, 2013
Filed under: Disabled Prisoners, Eighth Amendment, Americans with Disabilities Act, Rehabilitation Act, Failure to Treat (Mental Illness)
are not necessary; the statement need only give the defendant fair notice of what the . . . claim is and the grounds upon which it rests;” the 12(b)(6) standard does not “require that the complaint include all facts ...
Elizarri et al v. Cook County, IL, Order, jail detainee personal property, 2015
Brief • March 31, 2015
Filed under: Guard Misconduct, Jail Misconduct, Jail Specific, Seizure of Prisoner Funds, Prisoner Property
of a constitutionally protected interest in ‘life, liberty, or property’ is not in itself unconstitutional; what is unconstitutional is the deprivation of such an interest without due process of law.”) (emphasis ...
Floyd et al. City of New York et al, NY, Def ISO of Daubert Motion, PLRA attorney fee awards, 2012
Brief • February 17, 2012
Filed under: Attorney Fees (PLRA)
Of Type Under Investigation.” Fagan relabeled the box as “high crime area,” ignored the plain meaning of the so-called “HCA” checkbox, made no attempt to understand what it means to the officers who fill ...
Brown v. City of New York et al, NY, Complaint, NYPD false arrest Occupy Wall Street protest, 2013
Brief • March 27, 2013
Filed under: Police Misconduct, Protests, False Arrest, Excessive Force (Police)
. 24. Because he was obeying what he understood to be an order to disperse, Mr. BROWN reasonably assumed the officers would leave him alone once he reached Fifth Avenue. 25. However, when he reached ...
Edrei et al v. City of New York, Complaint, NYPD LRAD Bratton letter, 2014
Brief • December 12, 2014
Filed under: Police Misconduct, Police, Excessive Force (Police), Police Department Manuals
but not limited to, regarding constitutional violations arising from the police use of LRADs. In one case, a plaintiff obtained a  $72,000 settlement for what she described as permanent damage to her hearing ...
Flores-Lopez v. Holder, CA, Pet Reply Brief, Crime of Violence Removal Charge, 2010
Brief • February 3, 2010
Filed under: Immigration
to decide what the law says found that Were it otherwise, the [Attorney General] could authoritatively interpret ―State‖ and ―local laws‖ which are also included in 21 U.S.C. §823(f), despite the obvious ...
U.S. v. Lake Worth Police Department, FL, Memo of Agreement, Failure to Provide Language Assistance, 2007
Brief • March 13, 2007
Filed under: Arrest and Booking, Interpreters, Police
Department Commanders, shall be responsible for classimng all documents as vital or non-vital, and determining into what languages the vital documents should be translated. The Community Involvement Commander ...
Rascon et al v. Brookins et al, AZ, Order, police taser death intoxicated, 2015
Brief • February 11, 2015
Filed under: Stun Guns/Tasers, Police--Excessive Force, Excessive Force (Wrongful Death), Excessive Force (Police)
to state a claim. Defendants 8 rely primarily on what they consider to be Plaintiffs’ admissions that Sanchez attempted 9 to strike the Officers. (See, e.g., Joinder at 3-4.) According to Defendants ...
Lane v. Tavares et al., PA, BIO MTD - Gomes, inadequate acommodation ADA, 2015
Brief • November 12, 2015
Filed under: Disabled Prisoners, Americans with Disabilities Act
on the issue of single-cell assignment. Mem. at 25-28. But Lane nowhere alleged that Gomes deprived him of assignment to a single cell. What Lane alleges against Gomes is altogether different: that Gomes ...
Prison Legal News v Lappin, DC, Order, BOP public records, 2010
Brief • June 25, 2010
Filed under: Public Records, Freedom of Information Act, PLN Litigation, PLN related
3 of 12 insufficiencies identified by the plaintiff due to what the Bureau now asserts was an “apparent transmission error,” on March 26, 2009, the Court granted summary judgment in favor ...
Prison Legal News v Lappin, DC, Verdict, BOP public records, 2006
Brief • June 26, 2006
Filed under: Public Records, Freedom of Information Act, PLN Litigation, PLN related
of any agency record improperly withheld." 5 U.S.C. § 552(a)(4)(B) (emphasis added). There appears to be some disagreement in this Circuit regarding what constitutes an "agency" as it pertains ...
Callaway v. City of Austin et al, TX, 2nd Amended Complaint, police restraints excessive force blood test, 2015
Brief • April 15, 2015
Filed under: Police Misconduct, Blood, Restraints, Excessive Force (Police)
from seeing what was going on and made it extremely difficult for her to breathe. At the time the bag was over her head, at least four of the Officers were also physically grabbing and restraining ...
Basler v. Barron et al, Opinion and Order, TX, video of on duty police assault, 2016
Brief • April 27, 2016
Filed under: Videotaping, First Amendment, Excessive Force (Police)
as to what the law requires, [he] is entitled to immunity. Price v. Roark, 256 F.3d 364, 369 (5th Cir. 2001) (citations and internal quotation marks omitted). The conduct need not be prohibited by a specific ...
People v. Page, CA, Appeal, Proposition 47-Petition, 2017
Brief • November 30, 2017
Filed under: Appeals/Appellate Jurisdiction, Bribery/Extortion/Theft, Bank Fraud/Robbery/Theft
may have been convicted. The list in section 1170.18, subdivision (a), was clearly not intended as a list of eligible conviction statutes, but rather as what both subdivision (a) and subdivision (b) say ...
USA v. Cowden, WV, Opinion, Police False Statement, 2017
Brief • December 5, 2017
Filed under: Excessive Force, Excessive Force (Police), Police/Govt Misconduct, False Statements/Perjury
, but Cowden was concerned that Hamrick had the “potential to get very dangerous” based on what he already had heard about Hamrick’s conduct. As Cowden and three other officers were waiting for Hamrick to arrive ...
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