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Article • April 1, 2025 • from PLN April, 2025
Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence” by Anthony Accurso by Anthony W. Accurso On August 27, 2024, the United States Court of Appeals for the Ninth Circuit affirmed a $500,000 jury award for a Los Angeles Lakers basketball fan shot with a rubber …
Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim by On October 6, 2023, the federal court for the District of New Mexico stood fast in its refusal to grant qualified immunity (QI) to a defendant warden with the state Corrections Department (NMCD) in a prisoner’s …
Article • April 1, 2024 • from PLN April, 2024
$9,000 Settlement in Wisconsin Prisoner’s Heat-­Related Illness Suit by Matthew Clarke by Matt Clarke On October 3, 2023, the Wisconsin Department of Justice sent a check for $9,000 to a state prisoner in settlement of his claims that he suffered a heat-­related illness, fell and injured himself after state Department …
Article • February 1, 2024 • from PLN February, 2024
Misconduct Shades Sexual Assault Suit As Hawaii Settles With Prisoners for $2 Million by Douglas Ankney by Douglas Ankney In a surprising twist to a horrific story, the State of Hawaii agreed on July 27, 2023, to pay six state prisoners whose federal civil rights suit alleged they were sexually …
Article • January 1, 2024 • from PLN January, 2024
Washington Agencies Sanctioned for Discovery Violations Reach $3.1 Million Settlement with Disabled Woman Allegedly Abused at State Sanctioned Home by “Any lawyer practicing in this State should get an uneasy feeling when a request for sanctions is made under controlling case law in Washington,” wrote a King County Superior Court …
Article • March 1, 2023 • from PLN March, 2023
Filed under: Excessive Force, Discovery
Pennsylvania Guards and Their Attorneys Spanked for Discovery Abuse in Prisoner’s Excessive-Force Suit by David Reutter by David M. Reutter On May 18, 2022, the U.S. District Court for the Western District of Pennsylvania imposed sanctions for discovery abuse upon defendant state prison guards and their counsel, in a lawsuit …
Music Stops in Fifth Circuit’s Qualified Immunity ‘Dance,’ Leaving Plaintiffs With Shortened Discovery Period by Matthew Clarke by Matt Clarke On June 17, 2022, the U.S. Court of Appeals for the Fifth Circuit overturned a long line of prior decisions to hold that a ruling on defendants’ qualified immunity (QI) …
Article • April 1, 2022 • from PLN April, 2022
Federal Court Sanctions Wexford for Discovery Abuse in Illinois Prisoner’s Suit by Matthew Clarke by Matt Clarke On June 3, 2021, a federal court in Illinois granted a state prisoner’s motion for sanctions against Wexford Health Sources for responding to a specific discovery request by providing 272,000 pages of documents …
Article • February 1, 2021 • from PLN February, 2021
Global Tel*Link Hit with Sanctions For Discovery Violations in Georgia Prison Call Class Action by Derek Gilna by Derek Gilna Global Tel*Link (GTL) has long been one of the principal beneficiaries of the $1 billion prisoner call industry, through a combination of astute business practices, intense lobbying, and a business …
California: Defendants’ Repeated Discovery Obstruction Sanctioned in Guard Sex Abuse Case by On June 5, 2017, a California federal district court imposed sanctions against prison officials for destroying a warden’s personnel file and concealing or misrepresenting his involuntary termination and the existence of personnel file documents. The court granted the …
Article • January 8, 2018 • from PLN January, 2018
Fifth Circuit Upholds Sanctions Against GEO Group Attorneys for Discovery Abuse by Matthew Clarke by Matt Clarke On December 12, 2016, the Fifth Circuit Court of Appeals upheld a Texas district court’s sanctions of $1,000 each against lawyers representing GEO Group, the nation’s second-largest private prison operator, after finding they …
Article • September 1, 2017
Federal Judge: Chicago Guilty of 'Bad Faith' for Refusing to Provide Documents in Police Shooting Case, Cites Ongoing Pattern of Conduct by City by Lonnie Burton by Lonnie Burton In a sternly-worded 24-page order dated January 3, 2017, U.S. District Judge Joan B. Gottschall of the U.S. District Court for …
Article • June 14, 2017
Federal Court Orders Missouri Police to Answer Questions, Produce Documents in False Arrest Lawsuit by On April 10, 2014, United States District Court Judge Carol E. Jackson, sitting in the Eastern District of Missouri, issued an order requiring the police defendants in a false arrest civil rights lawsuit to answer …
Publication • June 8, 2017
Orange County Sheriff - Custody Informant Program, 2017 Custody Informant Program Integrity without compromise, Service above self, Professionalism in the performance of duty, Vigilance in safeguarding our community. Assertions • Eliciting statements from charged and represented defendants violating Massiah • Brady violations • Unchecked custodial informant program • Lack of …
Seventh Circuit Reinstates Illinois Jail Prisoner’s Failure-to-Protect Suit by In a September 16, 2015 ruling, the Seventh Circuit Court of Appeals held that a district court had improperly dismissed an Illinois jail prisoner’s failure-to-protect lawsuit based on his refusal to sign a medical release form. Mario Reyes was a pretrial …
Young v. Chicago, IL, Order, Produce IPRA Documents,2017 Case: 1:13-cv-05651 Document #: 179 Filed: 01/03/17 Page 1 of 24 PageID #:1111 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LaSHAWNDA YOUNG, Individually, and as Special Administrator of the Estate of Divonte Young, ) ) ) ) …
Article • October 3, 2016 • from PLN October, 2016
Oregon Post-conviction Judgment Violates State Law by Mark Wilson Last year the Oregon Court of Appeals reversed a lower court’s judgment denying a prisoner’s collateral appeal, because the judgment violated state law. Following the direct appeal of a conviction and sentence to the Court of Appeals and state Supreme Court, …
More Lawyers, Same Injustice by By Oren Nimni & Nathan J. Robinson, Current Affairs A case in Georgia has become notorious for its profanity. But it also says something about our public defender system… Last month, in a Georgia courtroom, defendant Denver Fenton Allen appeared in front of Judge Bryant Durham, …
Article • August 25, 2016
BOP Admits to Email Destruction Policy; Discovery of Policy Compliance with FRA Allowed by A federal court in Oregon held that a party to a Freedom of Information Act (FOIA) action was entitled to discovery regarding the record retention/destruction policy of the federal Bureau of Prisons (BOP). In November 2008, …
Article • August 11, 2016
Connecticut Supreme Court: "Arsenic & Old Lace" Records Exempt from Disclosure by Mark Wilson The Connecticut Supreme Court held that state agencies had standing to appeal a trial court's public record disclosure decision and the documents at issue were exempt from disclosure. Amy Archer Gilligan was convicted of second degree …
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