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Publication • 2022
US Court of Appeals -Section 1983 Outline-2022 United States Court of Appeals for the Ninth Circuit Office of Staff Attorneys Section 1983 Outline Updated 2022 Office of Staff Attorneys United States Court of Appeals for the Ninth Circuit This outline is intended for use as a starting point for research. …
Article • August 8, 2018 • from PLN August, 2018
Louisiana Judge’s Views May Warrant Recusal in All Death Penalty Cases by David R. Bailey by David R. Bailey Louisiana Supreme Court Justice Scott Crichton’s self-recusal from hearing “Angola 5” David Brown’s death penalty appeal ensured that Brown’s due process rights would not be compromised. Brown feared he could not …
Article • September 6, 2016
Supreme Court: Judges Who Were Significantly Involved in Cases as Prosecutors Must Recuse by There is a risk of bias that is impermissible under the Due Process Clause where the judge in a case previously had significant, personal involvement in a critical decision in the case while serving as prosecutor.  …
Article • August 2, 2016 • from PLN August, 2016
Ninth Circuit Directs BOP to Reconsider Denial of Designation to State Prison for Service of Federal Sentence by Derek Gilna On May 25, 2016, the Ninth Circuit Court of Appeals reversed the dismissal of a federal prisoner’s petition for habeas relief under 28 U.S.C. § 2241, in which he complained …
Article • June 15, 2012
Minnesota: Removal Not Required where Judge's Spouse is Employed by Prosecutor's Office by In September 2011, the Minnesota Supreme Court held that cause for removal of a judge presiding over a case does not exist solely because the judge's spouse is employed by the office of the prosecutor. William Jacobs, …
Brief • June 16, 2010
Ali v. Obama et al, DC, Order, judge recusal, 2010 Case 1:09-cv-00745-RJL Document 1418 Filed 06/16/10 Page 1 of 1
Mattan v. Obama, DC, Reply to Motion for Recusal, Guantanamo Bay, 2010 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA MOHAMMED ABDULLAH TAHA MATTAN (ABDAL RAZAK ALI) Petitioners, No: 09- 745 (RCL) vs. BARACK OBAMA, et al, Respondents. PETITIONER ABDAL RAZAK ALI’S REPLY TO MOTION FOR RECUSAL Now comes the Petitioner, …
Mattan v. Obama,. DC, Plf Mot for Recusal, Guantanamo Bay prisoner habeus, 2010 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA MOHAMMED ABDULLAH TAHA MATTAN (ABDAL RAZAK ALI) Petitioners, No: 09- 745 (RCL) vs. BARACK OBAMA, et al, Respondents. PETITIONER ABDAL RAZAK ALI’S MOTION FOR RECUSAL PURSUANT TO 28 U.S.C. 455(a) …
Article • January 15, 2009 • from PLN January, 2009
$3,540,402.22 Jury Award In California Wrongful Conviction Case by A California federal jury awarded $2 million to a man imprisoned 12 years for a rape/robbery he did not commit. The court also awarded him $1,368,834 in attorney fees, $6,500 in fees on fees, and $165,067.22 in costs (including $40,363.35 in …
Sixth Circuit Upholds $34,000 Retaliation Verdict; New Trial & No Recusal Not Abuse of Discretion by The Sixth Circuit Court of Appeals affirmed a lower court's order granting a new damages trial on a prisoner's retaliation claim. The appellate court also upheld the district judge's refusal to recuse himself. Ernest …
Garnishment Proceeding Part of Underlying § 1983 Action by The court of appeals for the Seventh circuit held that proceedings to garnish the wages of civil rights defendants against whom judgment has been entered are part of the underlying civil rights actions and district courts retain jurisdiction to enforce the …
Article • June 15, 1998 • from PLN June, 1998
Alabama HIV+ Prisoners Case Remanded Once Again for Proper RA Consideration by The court of appeals for the eleventh circuit held that prisoners asserting a claim to Rehabilitation Act (RA) protection had the burden of showing that they were "otherwise qualified" under the Act, or could be made so by …
Trial Required in Oklahoma Beating Case by The court of appeals for the tenth circuit held that a prisoner's claim for declaratory and injunctive relief are mooted once he is released from incarceration and that questions of fact regarding the application of force by guards precludes summary judgment in their …