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Article • July 3, 2015
Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal by Bob Williams Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal by Bob Williams In December 2009, the Tenth Circuit held that Heck v. Humphrey, 512 U.S. 477 (1994) did …
Federal Court Enforces $975,000 Settlement Agreement in Case Involving Sheriff Arpaio by Federal Court Enforces $975,000 Settlement Agreement in Case Involving Sheriff Arpaio An agreement to settle a lawsuit filed against Maricopa County and its sheriff, Joe Arpaio, was enforced by the Ninth Circuit Court of Appeals in a ruling …
Article • July 2, 2015
Filed under: Appeals, Juries, Trials
11th Circuit: Objection to Sleeping Juror Must be Contemporaneous by 11th Circuit: Objection to Sleeping Juror Must be Contemporaneous The Eleventh Circuit Court of Appeals upheld a district court’s order denying a new trial based on a sleeping juror because there was not a contemporaneous objection. Florida prisoner Darrel Cummings …
Article • July 2, 2015
Seventh Circuit Dismisses Prisoner’s Suit as Sanction for Perjury by Seventh Circuit Dismisses Prisoner’s Suit as Sanction for Perjury The U.S. Court of Appeals for the Seventh Circuit, affirming a trial court’s dismissal of a prisoner’s suit, has sanctioned him for his history of dishonesty in litigation. Natanael Rivera filed …
Brief • June 26, 2015
Fernandez v. New York City Police Department, NY, Affidavit of Robert Dolan, Disposal of Documents, 20`5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x In the Matter of the Application of JOHANNA FERNANDEZ. Index No. 100820/20 14 lAS Part 16 (Schlesinger. J.) Petitioner, For a …
Brief • June 25, 2015
In re Fernandez v. New York City Police Department, NY, Affadavit of Pearl Boatswain, Records Disposal, 2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK .x In the Matter of the Application JOHANNA FERNANDEZ, of Index No. 10082012014 IAS Part 16 (Schlesinger, J.) Petitioner For a …
Brief • June 24, 2015
Fernandez v. New York City Police Department, NY, Affidavit of Blanca Ponce, Disposal of Documents, 2015 SUPREME COURT OF THE STATE OF NEV/ YORK COLINTY OF NEW YORK In the Matter of the Application of JOHANNA FERNANDEZ, Index No. 10082012014 IAS Part 16 (Schlesinger, J.) Petitioner For a Judgment and …
Filing • June 18, 2015
PLN v. DHS, WA, Motion for Summary Judgement, FOIA Request, 2015 Case 2:14-cv-00479-MJP Document 39 Filed 06/18/15 Page 1 of 12 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 PRISON LEGAL NEWS, 11 12 13 CASE NO. C14-479 …
Filing • June 18, 2015
PLN v. DHS, WA, Final Judgement, FOIA Request, 2015 Case 2:14-cv-00479-MJP Document 40 Filed 06/18/15 Page 1 of 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE JUDGMENT IN A CIVIL CASE PRISON LEGAL NEWS, CASE NUMBER: C14-479 MJP Plaintiff, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Defendant. …
Brief • June 18, 2015
Filed under: Settlements
Hall v. Martin et al, MI, Order, case settled, 2015
Beastie Boys v. Monster Energy Company, NY, Order, Copyright Violation, 2015 Case 1:12-cv-06065-PAE Document 216 Filed 06/15/15 Page 1 of 45 USDC SDNY DOCUMENT DLECTRONICALLY FILED I-INITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DOC #: ---------x DATE FILED: Ô / l6 BEASTIE BOYS, et al., 12 Civ.6065 (PAE) …
No State Medical Privilege in § 1983 Actions; CCA Compelled to Provide Discovery by No State Medical Privilege in § 1983 Actions; CCA Compelled to Provide Discovery by Mark Wilson A Tennessee federal court refused to “recognize the state peer review privilege” in a 42 U.S.C. § 1983 action, and …
Article • June 10, 2015
Contempt Adjudication is Not Conviction of Offense for Purposes of Oregon Criminal Record Law by Contempt Adjudication is Not Conviction of Offense for Purposes of Oregon Criminal Record Law On October 9, 2013, the Oregon Court of Appeals held that contempt of court adjudication is not the conviction of an …
Article • June 10, 2015
California Appellate Court Rules Attorney May Not Be Assessed Costs in Frivolous Suit by California Appellate Court Rules Attorney May Not Be Assessed Costs in Frivolous Suit A California appellate court recently held that state law does not allow a court to tax costs against a plaintiff's attorney, even when …
$690,000 Settlement in HRDC Suit Over Death of Prisoner’s Baby at CCA Jail by Derek Gilna $690,000 Settlement in HRDC Suit Over Death of Prisoner’s Baby at CCA Jail by Derek Gilna In August 2014, Corrections Corporation of America (CCA), the nation’s largest for-profit prison firm, settled a federal lawsuit …
Brief • June 7, 2015
Filed under: Settlements
Swiridowsky-Muckle v. Siopes et al, MA, Settlement Agreement - Brame, 2015 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS __________________________________________ ) ALICE SWIRIDOWSKY-MUCKLE, ) as Personal Representative of the estate of ) Alyssa Marie Brame, ) ) Plaintiff, ) ) v. ) Civil Action No. 15-11777-RGS ) THOMAS SIOPES, MICHAEL KILMARTIN, …
Article • June 3, 2015 • from PLN June, 2015
Second Circuit: Rule 41 Dismissal Requires Five Factor Analysis by Mark Wilson Second Circuit: Rule 41 Dismissal Requires Five Factor Analysis by Mark Wilson In September 24, 2014, the Second Circuit Court of Appeals held that a district court had improperly dismissed a New York prisoner’s lawsuit for failure to …
Article • June 3, 2015 • from PLN June, 2015
Ninth Circuit: PLRA Fee Cap Inapplicable to Fees on Appeal by Ninth Circuit: PLRA Fee Cap Inapplicable to Fees on Appeal by Mark Wilson The Ninth Circuit Court of Appeals held that the attorney fee cap provision of the Prison Litigation Reform Act (PLRA) does not apply to fees incurred …
Ninth Circuit: Plata Doesn’t Bar Individual Injunctive Relief Claims; $26,000 Settlement by Mark Wilson Ninth Circuit: Plata Doesn’t Bar Individual Injunctive Relief Claims; $26,000 Settlement by Mark Wilson The Ninth Circuit Court of Ap­peals has held that an individual California prisoner’s medical care injunctive relief claims are not barred by …
Volume 3 Detention and Corrections Caselaw Catalog 26th Ed. 2016 DETENTION AND CORRECTIONS CASELAW CATALOG 26th Edition 2015-2016 Volume Three: Sec. 15-26 Rod C. Miller Donald J. Walter Research and Review: Joseph Heltzel Chris Dickey Richard Drennon Kyle McCarty CRS, Inc. A Non-Profit Organization 925 Johnson Drive Gettysburg, PA 17325 …
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