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Wrongfully Terminated BOP Employee Entitled to Attorney Fees and Damages by David Patrick McDonald was a Cook Supervisor at the Metropolitan Detention Center in Brooklyn, New York when he discovered that a supervisor was sexually harassing a female employee. He reported this to two supervisors and began suffering workplace retaliation ...
Brief • April 25, 2017
Lopez-Valenzuela v. Arpaio, AZ, Order, No Bail for Undocumented Immigrants, 2015 Case: 11-16487, 12/03/2015, ID: 9778457, DktEntry: 124, Page 1 of 19 FILED UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ANGEL LOPEZ-VALENZUELA; ISAAC CASTRO-ARMENTA, Plaintiffs - Appellants, DEC 03 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS ...
Article • March 24, 2017
Spokane County Settles Class-Action Suit Over Jailing; Those Unable to Pay Fines by Matthew Clarke by Matt Clarke On September 19, 2014, a Washington State federal court signed off on the preliminary settlement of a class-action lawsuit brought against Spokane County for routinely jailing people with court-ordered fines or other ...
$325,002 Award to Michigan Prisoner Denied Medical Care for Joint Pain by A federal jury has awarded $325,002 to a prisoner upon finding Michigan Department of Corrections (MDOC) staff were deliberately indifferent to his chronic joint pain. State prisoner Temujin Kensu, 52, suffered for over two decades with medical issues ...
Publication • December 30, 2016
Committee on Professional Ethics Opinion 1062 (62915), New York State Bar Association, 2015 ETHICS OPINION 1062 New York State Bar Association Committee on Professional Ethics Opinion 1062 (6/29/15) Topic: Financing a law practice; crowdfunding websites. Digest: A law firm may engage in certain types of crowdfunding but not others. Any ...
Tennessee Sheriff’s Willful Denial of Public Records Merits PLN Attorney Fee Award by On June 24, 2015, a Tennessee appellate court found the sheriff of Marshall County had willfully denied access to public records requested by Prison Legal News, and held that PLN was entitled to attorney fees after filing ...
Article • September 9, 2016
Filed under: Attorney Fee Awards
Supreme Court Holds Securing Injunction Justifies Award of Attorney's Fees by Matthew Clarke On November 5, 2012, the Supreme Court of the United States held that a plaintiff in a civil rights action pursuant to 42 U.S.C. § 1983 who secured a permanent injunction, but not nominal damages, was a ...
Article • September 8, 2016
Filed under: Voting, Attorney Fee Awards
Additional Attorney's Fees Allowed in Ohio Voter-Registration Suit by Derek Gilna The Northeast Ohio Coalition for the Homeless (NEOCH) instituted a 42 U.S.C. Section 1983 case challenging the 2006 Voter ID law, which resulted in consent orders in 2006 and 2008. A similar action by the Service Employees International Union ...
Article • September 6, 2016
Filed under: Attorney Fee Awards
Supreme Court: State Courts Must Adhere to Federal Rules as to Attorney Fee Awards under Sec. 1988 by In a state court § 1983 proceeding in which fees were awarded under § 1988, the state courts were bound to apply the Supreme Court’s interpretation of § 1988. Otherwise, as Justice ...
Brief • September 1, 2016
Ashman et al v. Marshall et al, MA, MoL Support Plf Mot to Est Entitlement Atty Fees, prison conditions 8th Am, 2010 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. SUCV2000-05618-E DENTON ASHMAN, et al., Plaintiffs, v. JOHN MARSHALL, et al., Defendants MEMORANDUM OF LAW IN SUPPORT OF ...
Brief • September 1, 2016
Ashman et al v. Marshall et al, MA, Plf Mot to Est Entitlement Atty Fees, prison conditions 8th Am, 2010 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. SUCV2000-05618-E DENTON ASHMAN, et al., Plaintiffs, v. JOHN MARSHALL, et al., Defendants PLAINTIFFS STEPHEN DOHERTY’S MOTION TO ESTABLISH ENTITELMENT TO ...
Brief • September 1, 2016
Ashman et al v. Marshall et al, MA, Reply re Plf Mot to Est Entitlement Atty Fees, prison conditions 8th Am, 2010 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. SUCV2000-05618-E DENTON ASHMAN, et al., Plaintiffs, v. JOHN MARSHALL, et al., Defendants REPLY IN SUPPORT OF PLAINTIFF STEPHEN ...
Article • August 24, 2016
Tennessee Woman Award $71,343 in Attorney Fees in Public Records Suit by A Tennessee Appeals Court awarded $71,343 in attorney fees to a woman who brought suit to obtain public records. Rebecca Little sought records about sewer and other improvements the city of Chattanooga annexed in 1972. The Hamilton County ...
Article • August 24, 2016
Second Circuit Upholds $286,000 Attorney Fees Award in $30,000 Civil Rights Case by Matthew Clarke On November 14, 2012, the Second Circuit court of appeals upheld the award of $290,997.94 in costs, of which $286,065.00 were attorney fees, in a case with a $30,000 judgment for plaintiffs. Deja Barbour, Shinnel ...
Article • August 22, 2016
$248,817.43 in Attorney’s Fees and Costs Awarded in Civil Rights Suit by U.S. District Judge Robert J. Bryan awarded $248, 817.43 in attorney’s fees and expenses to a plaintiff in a federal civil rights suit. The plaintiff in the case sued alleging that he was the target of unconstitutional profiling ...
Article • August 12, 2016
Filed under: Attorney Fee Awards
Ninth Circuit Upholds $697,971.80 in Fees on $27,280 Damage Award by Mark Wilson The Ninth Circuit Court of Appeals held that a lower court did not abuse its discretion in awarding $697,971.80 in attorneys' fees to a Plaintiff who was awarded only $27,280 in damages. Kim Muniz sued her employer, ...
Article • August 11, 2016
$80,000 Minnesota Illegal Search & Seizure Verdict Upheld; Attorney Fees Slashed 50% by Mark Wilson A Minnesota federal court upheld an $80,000 jury verdict on illegal search and seizure claims. The court reduced Plaintiffs' requested attorney's fees by 50 percent, for a total fee award of $128,499.85. Just before 1 ...
Article • July 29, 2016
Award of Nominal Damages Negates Attorney Fee Awards by The Eleventh Circuit Court of appeals held that, under the circumstances before it, the award of attorney fees is improper to a party awarded only a nominal damage award. This was the fifth time this case was before the court.  At ...
Tennessee Public Records Attorney Fee Award Excludes Pro Se Work by The Tennessee Court of Appeals at Jackson held a litigant is entitled to the award of attorney fees and costs under the Tennessee Public Records Act (TPRA) if the defendant willfully refused to disclose the requested records.  The Court, ...
Brief • July 26, 2016
Ashman v. Marshall, MA, Brief Attorney Fee, Successful Conditions of Confinement Suit, 2010 Issue Presented Did the superior court abuse its discretion by awarding attorney fees to Plaintiff-Appellee Doherty after the jury found that the DefendantAppellants had caused him and ten other prisoners to live under conditions of extreme squalor ...
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