by Matthew T. Clarke
On December 31, 2003, a federal judge in Iowa reduced a whistle-blowing
former assistant jail administrator's $250,000 jury award for emotional
distress to $130,000 while letting stand the remaining award of $128,027
for lost wages and benefits plus interest. The court also held that the
sheriff ...
By Matthew T.Clarke
On. September 27, 2005, a federal district court in New York issued a
70-page, unpublished memorandum and order granting in part and denying in
part the defendants' motion to dismiss civil rights conditions-of
confinement claims brought by two 9-11 detainees.
Fhab Elmaghraby and Javaid Iqbal are Muslim ...
Rooker-Feldman Doctrine Bars Federal Review of Michigan Indigent Filing Fees Statute As Applied
by Matthew T. Clarke
On August 31, 2004 the Sixth Circuit Court of Appeals held that an indigent
Michigan state prisoner could not challenge the Michigan laws that allowed
the state courts to refuse to waive the ...
by Matthew. T. Clarke
The Supreme Court of Texas has held that an accident investigation by a
governmental under certain circumstances, suffice for the notice
required by the Texas Tort Claims Act, § 101.101, Texas Civil Practice and
Remedies, bode. It also held that failure to give notice is not ...
by Matthew T. Clarke
On May 28, 2004, the Supreme Court of Texas held that a dismissal of a suit
against a governmental entity for want of jurisdiction under the Texas Tort
Claims Act is a dismissal with prejudice that bars further suit against the
government or its agents. Texas ...
by Matthew T. Clarke
The Texas Court of Criminal Appeals (CCA) has held that the statute
providing for forfeiture of good time belonging to a prisoner who filed a
frivolous lawsuit does not apply to state habeas corpus actions.
George William Bieck, a Texas state prisoner, filed his twenty-first state ...
By Matthew T. Clarke
On December 8, 2004, the Texas Court of Appeals held that a prisoner's
lawsuit was considered filed the day he turned it over to prison officials
for mailing.
Edwin H. Witherspoon, a Texas state prisoner, filed a civil rights suit
against prison officials in state court. ...
by Matthew T. Clarke
A report by the New Jersey State Auditor released in July 2005, finds that the $1.5 million Life Skills Academy (LSA) contract was not properly monitored by prison system officials. The problems included prisoners who had graduated from the program previously and were facilitating the program ...
by Matthew T. Clarke
It has often been said that it?s hard to tell the cops from the crooks. In Texas this may be true for prison guards as well. In April 2006, the Texas Department of Criminal Justice (TDCJ) released information indicating that record numbers of guards have been ...
by Matthew T. Clarke
On May 16, 2006, a New York federal district court magistrate recommended awarding $143,774.55 in attorney fees and costs to the attorneys who represented a prisoner in a civil rights action.
Byron Lake was a prisoner in the Schenectady County (New York) Jail. Due to overcrowding, ...
