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Kelly v. Wengler, ID, Anwering Brief, CCA Attorney Fees Multiplier, 2014 Case: 14-35199 10/22/2014 ID: 9286518 DktEntry: 25 Page: 1 of 68 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOSHUA KELLY, et al., No. 14-35199 Plaintiffs-Appellees, District Court No. 1:11-cv-00185-EJL vs. TIMOTHY WENGLER; CORRECTIONS CORPORATION OF AMERICA, Defendants-Appellants. …
Article • October 10, 2014 • from PLN October, 2014
Filed under: Appeals, Limitations
Seventh Circuit Extends Appeal Filing Deadline for Prisoner Misled by Court Clerk by Matthew Clarke Seventh Circuit Extends Appeal Filing Deadline for Prisoner Misled by Court Clerk by Matt Clarke In a well-crafted opinion delivered on August 8, 2013, the Seventh Circuit Court of Appeals held that a prisoner who …
Article • October 10, 2014 • from PLN October, 2014
California Exhaustion Requirement Extends to Independent Contractors by Mark Wilson California Exhaustion Requirement Extends to Independent Contractors by Mark Wilson On December 6, 2013, the California Court of Appeal, Third Appellate District, held that prisoners must exhaust administrative remedies before suing independent contractors employed by the prison system. California prisoner …
Article • October 10, 2014 • from PLN October, 2014
Filed under: Court Access, Filing Fees
Alaska Filing Fee Statute Denies Prisoners Court Access by Mark Wilson Alaska Filing Fee Statute Denies Prisoners Court Access by Mark Wilson In December 6, 2013, the Alaska Supreme Court held that barring an indigent prisoner from filing an appeal due to inability to pay the filing fee deprived him …
Article • October 5, 2014
Compliance with Court Order Cannot Support Dismissal of Lack of Prosecution by Compliance with Court Order Cannot Support Dismissal of Lack of Prosecution   The Nebraska Supreme Court has reversed the dismissal of a prisoner’s civil action for lack of prosecution. In doing so, the court held the district court …
Article • October 5, 2014
Filed under: Mandamus, International
Prisoner Wins Mandamus Case to Compel Colorado DOC to Consider Transfer Application by Derek Gilna Prisoner Wins Mandamus Case to Compel Colorado DOC to Consider Transfer Application   by Derek Gilna   Colorado state court prisoner Robert D. Gandy, proceeding Pro Se, has won his appeal of a lower-court dismissal …
Article • October 5, 2014
Filed under: Appeals, Sentencing
Fifth Circuit Holds Law Settled During Appeal May Be Used As Clear Error by Fifth Circuit Holds Law Settled During Appeal May Be Used As Clear Error   The Fifth Circuit Court of Appeals held that law that becomes settled while an appeal is pending may be used as a …
Article • October 5, 2014
Filed under: Expert Witnesses, HIPAA
Arizona District Court Strikes Defense Expert in Prisoner’s 8th Amendment Case by Derek Gilna Arizona District Court Strikes Defense Expert in Prisoner’s 8th Amendment Case   by Derek Gilna   Plaintiff Shannon Michael Clark alleged in his federal complaint that the Arizona Department of Corrections (ADOC), had violated his 8th …
Article • October 5, 2014
Texas Supreme Court Rules on Which Experts Qualify for Civil Commitment Trial by Matthew Clarke Texas Supreme Court Rules on Which Experts Qualify for Civil Commitment Trial   by Matt Clarke   On August 31, 2012, the Supreme Court of Texas held that an expert who testifies in a civil …
Failure to Exhaust Administrative Remedies Dooms 7th Circuit Prisoner Suit by Derek Gilna Failure to Exhaust Administrative Remedies Dooms 7th Circuit Prisoner Suit   By Derek Gilna   The §1983 civil rights complaint filed by Wisconsin state prisoner, James R. Schultz, has been dismissed by the 7th Circuit Court of …
Article • October 5, 2014
Indiana Prisoners Lack Property Right in Recreation Fund by Indiana Prisoners Lack Property Right in Recreation Fund   In an opinion handed down on February 9, 2012, the Seventh Circuit Court of Appeals upheld a lower court's determination that Indiana state prisoners had no property interest in a prison's recreation …
Article • October 5, 2014
Florida Courts Required to Accommodate Blind Litigants with Braille Documents by Florida Courts Required to Accommodate Blind Litigants with Braille Documents   The Florida Supreme Court has held that a legally blind litigant was entitled to mandamus relief to compel an appellate court to accept pleadings in Braille and to …
Article • October 4, 2014
Fifth Circuit Holds Younger Doctrine Precludes Challenge to Louisiana Public Defender Fees by Fifth Circuit Holds Younger Doctrine Precludes Challenge to Louisiana Public Defender Fees   On April 16, 2012, the Fifth Circuit Court of Appeals held that the Younger abstention doctrine prohibits federal court challenges to Louisiana's public defender …
Brief • September 30, 2014
Graves v. Arpaio, AZ, Order, Maricopa Medical Care Injunction, 2014 Case 2:77-cv-00479-NVW Document 2283 Filed 09/30/14 Page 1 of 66 1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 Fred Graves, Isaac Popoca, on their own behalf …
Brief • September 29, 2014
Filed under: Medical, Settlements
Miceli v. Gusman, LA, Settlement Agreement, 2014
Article • September 20, 2014 • from PLN September, 2014
Indiana Supreme Court Holds Agreed Court Order with Prosecutor is Binding on DOC by Matthew Clarke Indiana Supreme Court Holds Agreed Court Order with Prosecutor is Binding on DOC by Matt Clarke The Supreme Court of Indiana has held that a court order regarding whether a sex offender could be …
Article • September 20, 2014 • from PLN September, 2014
Incarceration is Excusable Default in New York Housing Court Proceeding by Mark Wilson Incarceration is Excusable Default in New York Housing Court Proceeding by Mark Wilson On October 7, 2013, the New York City Housing Court held that a tenant who could not attend court proceedings due to incarceration was …
Article • September 20, 2014 • from PLN September, 2014
New York Judge Unseals Attica Prison Riot Records – Sort of by Joe Watson New York Judge Unseals Attica Prison Riot Records – Sort of by Joe Watson A New York state judge has ordered the release of hundreds of pages of documents related to the investigation of the 1971 …
Article • September 20, 2014 • from PLN September, 2014
Fifth Circuit: “Mailbox Rule” Applies to Texas State Habeas Petitions by Fifth Circuit: “Mailbox Rule” Applies to Texas State Habeas Petitions The Fifth Circuit Court of Appeals has held that the “mailbox rule” of Houston v. Lack, 487 U.S. 266 (1988) now applies to determining the date when Texas prisoners …
Article • September 20, 2014 • from PLN September, 2014
Fifth Circuit Holds Prison Guard’s Injury-Causing Reckless Driving States Nonfrivolous Claim by Matthew Clarke Fifth Circuit Holds Prison Guard’s Injury-Causing Reckless Driving States Nonfrivolous Claim by Matt Clarke The Fifth Circuit Court of Appeals held last year that a district court erred when it dismissed a prisoner’s claim that he …
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