El-Tabech v. Clarke, No. 09-1554, involved an action by a Muslim inmate alleging that prison officials were violating his religious rights under the First Amendment and the Religious Land Use and Institutionalized Persons Act.  The court reversed two contempt orders regarding defendants’ compliance with the district court’s judgment, holding that 1) Congress did not reflect in 42 U.S.C. section 1988 a “clear and manifest” intent to entirely preempt statutes such as Neb. Rev. Stat. section 25-1806; 2) the district court failed to determine an appropriate compensatory post-judgment interest rate; and 3) plaintiff did not fully deduct time spent on unsuccessful or non-compensable issues, his attorneys spent an unreasonable amount of time on compensable aspects of the case, and the requested fee was not proportional to the relief obtained.

White v. Dingle, No. 09-1415, concerned habeas proceedings arising in a first-degree murder prosecution.  The court remanded for further proceedings on the grounds that 1) a second or amended habeas petition cannot relate back to the time at which the original petition was filed; but 2) under the unusual circumstances presented here, petitioner was entitled to equitable tolling of the statute of limitations.

Related Resources

  • Full Text of El-Tabech v. Clarke, No. 09-1554
  • Full Text of US v. Ellison, No. 09-3196
  • Full Text of White v. Dingle, No. 09-1415

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Civil Rights

Block on Trump’s Asylum Ban Upheld by Supreme Court

Criminal

Judges Can Release Secret Grand Jury Records

Politicians Can’t Block Voters on Facebook, Court Rules