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Article • November 2, 2015
No Oregon Constitutional Right to “Full” Victim Restitution; Contributory Negligence May Limit Restitution Award by Mark Wilson No Oregon Constitutional Right to “Full” Victim Restitution; Contributory Negligence May Limit Restitution Award by Mark Wilson On October 3, 2013, the Oregon Supreme Court upheld a lower court’s refusal to grant a …
Article • November 2, 2015
Texas Supreme Court Holds No Compensation for Wrongly-Convicted Prisoner Imprisoned on Other Charges by Matthew Clarke Texas Supreme Court Holds No Compensation for Wrongly-Convicted Prisoner Imprisoned on Other Charges by Matt Clarke On August 23, 2013, the Supreme Court of Texas held that a former death row prisoner who had …
Article • November 2, 2015
Absent Bad Faith No PRA Sanctions for Washington Prisoners by Mark Wilson Absent Bad Faith No PRA Sanctions for Washington Prisoners by Mark Wilson On October 29, 2013, the Washington State Court of Appeals held that prisoners are ineligible for Public Records Act (PRA) violation sanctions, without a showing of …
Article • November 2, 2015
Ninth Circuit: Prisoner’s Delusions Warrant §2254 Equitable Tolling by Ninth Circuit: Prisoner’s Delusions Warrant §2254 Equitable Tolling On April 18, 2014, the Ninth Circuit Court of Appeals held that the statute of limitations on an Oregon prisoner’s federal habeas corpus petition should be equitably tolled due to delusions the prisoner …
Article • October 30, 2015
Filed under: Witnesses, Civil Commitment
No Compulsory Process Advice Reverses Oregon Civil Commitments by No Compulsory Process Advice Reverses Oregon Civil Commitments On August 13, 2014, the Oregon Court of Appeals held that those facing involuntary commitment must be informed of their right to subpoena witnesses, in terms they will understand. Oregon Statute (ORS) 426.100(1) …
Publication • October 30, 2015
Multnomah County - Agenda Authorizing Settlement of Millner v. Multnomah County, Diabetes, 2013-14 MULTNOMAH COUNTY AGENDA PLACEMENT REQUEST (Revised: 09/23/13) Board Clerk Use Only Agenda Title: Meeting Date: 1/9/14 Agenda Item #: Est. Start Time: R.7 10:30 am Date Submitted: 12/23/13 Authorizing Settlement of Millner v. Multnomah County, et al …
Brief • October 30, 2015
Keels v. GEO Group, NY, Complaint, hiring guard with criminal record, 2015 Case 1:15-cv-06261 Document 1 Filed 10/30/15 Page 1 of 21 PageID #: 1 OUTTEN & GOLDEN LLP Ossai Miazad Christopher M. McNerney 3 Park Avenue, 29th Floor New York, New York 10016 (212) 245-1000 IN THE UNITED STATES …
Brief • October 29, 2015
Acosta v. The City, NY, Email exchange, mot to compel discovery PO language, 2015 Acosta v. The City 3 messages David B. Rankin <David@drmtlaw.com> To: jmclaren@law.nyc.gov Cc: Gillian Cassell-Stiga <gillian@drmtlaw.com> Thu, Oct 29, 2015 at 9:53 AM Dear Ms. McLaren, As a courtesy I write the following instead of just …
Article • October 28, 2015
Mississippi Supreme Court Reverses Time Bar in Wrongful Conviction Civil Suit by Mississippi Supreme Court Reverses Time Bar in Wrongful Conviction Civil Suit The Supreme Court of Mississippi, on January 9, 2014, reversed and remanded Adams County Circuit Court&rsquo;s time-barred dismissal of appellant Larry Hammett&rsquo;s motion to reinstate his claim …
Federal Court Abused Discretion in Denying Wrongful Death Claim with Prejudice by Federal Court Abused Discretion in Denying Wrongful Death Claim with Prejudice The Court of Appeals for the Seventh Circuit has affirmed a lower court&rsquo;s dismissal of deliberate indifference claims against a sheriff and health care provider for a …
Article • October 27, 2015
No PRA Sanctions for Washington Prisoners Absent Bad Faith by Mark Wilson No PRA Sanctions for Washington Prisoners Absent Bad Faith by Mark Wilson On October 29, 2013, the Washington State Court of Appeals held that prisoners are ineligible for Public Records Act (PRA) violation sanctions, without a showing of …
Article • October 27, 2015
Filed under: Appeals, Qualified Immunity
Alabama Supreme Court to Resolve Law Granting Jailer Immunity by Alabama Supreme Court to Resolve Law Granting Jailer Immunity The Eleventh Circuit Court of Appeals certified two questions to the Alabama Supreme Court to assist in the application of a state law that provides jailers the same immunity state executive …
Article • October 27, 2015
Attorney Fees against Indigent Defendant Vacated by Attorney Fees against Indigent Defendant Vacated On July 23, 2014, the Oregon Court of Appeals vacated an order imposing $400 in attorney fees against a mentally ill, homeless criminal defendant who faced deportation due to his inability to pay. Oregon law authorizes trial …
First Circuit Reverses Summary Judgment for Retaliation Claim by First Circuit Reverses Summary Judgment for Retaliation Claim On February 6, 2013, the First Circuit Court of Appeals reversed summary judgment granted to Correctional Medical Services, Inc. ("CMS") for an alleged retaliation claim under the Americans with Disabilities Act. In spring …
Article • October 26, 2015 • from PLN November, 2015
Filed under: Frivolous Litigation
Prisoner Admits to Scheme to Defraud Catholic Church, Gets 33 More Months in Prison by Mark Wilson Prisoner Admits to Scheme to Defraud Catholic Church, Gets 33 More Months in Prison by Mark Wilson A prisoner serving a lengthy sentence for a series of Pennsylvania bank robberies has been sentenced …
Article • October 26, 2015 • from PLN November, 2015
Filed under: Appeals
Prisoner’s Lawsuit Dismissed Due to Abusive Language by Prisoner&rsquo;s Lawsuit Dismissed Due to Abusive Language The Second Circuit Court of Appeals has held that abusive language directed towards a federal magistrate judge was sufficient grounds to dismiss a prisoner&rsquo;s lawsuit. New York state prisoner Edward Koehl, while housed at the …
Article • October 26, 2015 • from PLN November, 2015
Ohio Appellate Court Orders Review of State Budget Over Private Prison Sale by Gary Hunter Ohio Appellate Court Orders Review of State Budget Over Private Prison Sale by Gary Hunter Ohio Governor John Kasich joined legislators in protesting an order by Ohio&rsquo;s Tenth District Court of Appeals that instructed a …
Article • October 26, 2015 • from PLN November, 2015
Filed under: Appeals, Res Judicata
Ninth Circuit: Damages Suit Not Heck-barred by Retrial by Mark Wilson Ninth Circuit: Damages Suit Not Heck-barred by Retrial by Mark Wilson In &ldquo;an unusual case,&rdquo; the Ninth Circuit Court of Appeals held that a California murder conviction on retrial did not bar a damages suit for the first conviction, …
Article • October 23, 2015
Corrections Corporation of America (CCA) Stipulates to Confidentiality Order by Corrections Corporation of America (CCA) Stipulates to Confidentiality Order In 2005, plaintiff, Freedom From Religion Foundation, Inc., filed suit in the district court of New Mexico asserting that New Mexico&rsquo;s faith-based prison programming violates the establishment clause and seeks to …
Article • October 23, 2015
Filed under: Appeals, Trials
Connecticut Supreme Court Invokes Supervisory Authority Reversing Conviction by Connecticut Supreme Court Invokes Supervisory Authority Reversing Conviction Calling the harm resultant of requiring a prisoner to wear a prison jumpsuit at jury trial an &ldquo;unambiguous and indefensive&rdquo; constitutional violation, the Supreme Court of Connecticut applied its supervisory authority in affirming, …
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