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Eighth Circuit: Evidentiary Admissibility Is a “Red Herring” At Class Certification of St. Louis Jail Conditions Challenge
Loaded on Jan. 15, 2025
by Douglas Ankney
published in Prison Legal News
January, 2025, page 10
Filed under:
Classification,
Conditions of Confinement,
Class Certification,
Class Actions,
Evidence - Admissibility.
Location:
Missouri.
by Douglas Ankney
On June 3, 2024, the United States Court of Appeals for the Eighth Circuit declined to join most sister circuits, which admit evidentiary challenges to class certification of a lawsuit. The Court called admissibility a “red herring” at such an early stage—before proceeding to find other reasons ...
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More from this issue:
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, by Douglas Ankney
- From the Editor, by Paul Wright
- Eighth Circuit: Evidentiary Admissibility Is a “Red Herring” At Class Certification of St. Louis Jail Conditions Challenge, by Douglas Ankney
- After Florida Appellate Court Holds Crimes of ‘Attempt’ Eligible for Incentive Gain Time, Supreme Court Refuses Review, by Kevin Bliss
- Senate Votes to Increase Penalties for BOP Contraband Cellphone Smuggling
- Hep-C Treatment Needed in Los Angeles County Jails to Save Lives and Money
- With Eleventh Circuit Okay, Alabama Executes Third Prisoner by Nitrogen Hypoxia
- Washington Prisoners Prep for Firefighting Career After Release
- Pennsylvania Prisoner Released from Solitary After 15 Years
- Suits Filed Over Dehydration Deaths at Two Texas Jails, by Matthew Clarke
- Biden Commutes Sentences of Most Federal Prisoners on Death Row
- Blood in the Water Author Wins Censorship Challenges Against Illinois, New York Prison Systems, by Douglas Ankney
- Video of Autistic Ohio Teen’s Jail Death Undercuts Sheriff’s Report Calling It Suicide
- Two-Week Lockdown at BOP Women’s Prison in Minnesota After Nine Overdoses, Two Deaths
- Six Set Themselves on Fire at Virginia Prison in 2024
- Fifth Circuit Leaves Louisiana Prisoner Waiting for Reinstated Parole, by Douglas Ankney
- Maryland Cancels Debt Owed by 6,715 Parolees
- Nebraska Pioneers Diversion Program to Help Arrested Veterans Avoid Jail
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, by David Reutter
- Texas Executioners Playing Fast and Furious to Obtain Lethal Drugs
- Ninth Circuit Greenlights Muslim Hawaii Prisoner’s Challenge to Early-Served Ramadan Meals, by Douglas Ankney
- Details Vague on Spending from San Diego Jail Detainee Welfare Fund
- Lawsuit Over Death or Severe Injury of 29 Houston Jail Detainees Survives Motion to Dismiss, by Matthew Clarke
- Mentally Incompetent Maine Defendants Sent to South Carolina Wellpath Lockup Called “Essentially Prison”
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, by David Reutter
- Wisconsin DOC Under Fire for Hiring Censured Doctors
- $400,000 Jury Verdict for Medical Neglect Resulting in Amputation of Alabama Prisoner’s Toes
- Minnesota Prisoners Getting Scanned Mail, Kept Waiting 18 Months for Tablets
- Wellpath Declares Bankruptcy
- Fourth Circuit Revives West Virginia Prisoner’s RLUIPA Claim Over Religious Diet with Soy He Can’t Digest
- No Charges in Alabama Prisoner’s Torture, Rape and Murder
- Guard Pleads Guilty to Using Excessive Force at Indiana Jail Sued Nine Times in Two Years
- Pigeonly Flies Into Telecom Turbulence, Declares Bankruptcy
- BOP Prisoners in Alabama Strike to Protest Release Date Confusion
- Pennsylvania Jail Guards Accused of Ripping Surgical Pin from Detainee’s Shoulder
- Tenth Circuit Affirms PTS Driver’s Conviction for Torturous Detainee Transport
- Illinois Sheriff Resigns After Deputy Fatally Shoots 911 Caller
- Arizona DCRR Ordered to Fill Prison Medical Staff Vacancies—Again, by Matthew Clarke
- Four-Month Wait for 40 Percent of South Carolina Jail Detainees Needing Psychiatric Evaluation
- Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, by Douglas Ankney
- 150 People Sue Over Past Abuse at New York City Juvenile Facilities
- Former Tacoma Reentry Center Severs Washington DOC Contract
- $1.5 Million Settlement Reached for Oregon Prisoner’s Untreated Traumatic Brain Injury
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, by David Reutter
- Childhood Trauma Incidence Higher Among Those Incarcerated, by Anthony Accurso
- Nearly $12 Million Paid to Mentally Disabled Indiana Prisoner Wrongly Convicted of Murder, by Douglas Ankney
- “Locked In, Priced Out”: Markups and Kickbacks in Prison Commissaries
- With HRDC Amicus Brief, Survivor of Dead Washington Prisoner Wins Public Records Case, by Sam Rutherford
- Former Kentucky Sheriff Indicted for Murdering Judge in Chambers
- Michigan Supreme Court Greenlights Adding Restitution At Resentencing of Former Juveniles Sentenced to LWOP
- South Dakota DOC Locks Down Third Prison in 2024
- Second Rapper Stabbed in Atlanta Jail During Record-Long Trial
- New York City Held in Contempt in Long-Running Rikers Island Class-Action
- Lawsuits by Michigan Prisoner Yield $57,750 in Settlements, Plus Policy Changes
- Top Doc Sacked from Maryland Psych Hospital with “Climate of Chaos”
- 1994 Crime Bill Turns 30: A Legacy of Controversy
- Colorado Legislature’s New Jail Oversight Committee Not Weighted in Detainees’ Favor
- Securus/JPay Video Calling Service Potentially Threatened by New Rate Caps
- First Circuit Rejects Request by Securus and Pay Tel to Stay FCC Prison Phone Rate Caps
- Georgia Prisoner Accused of Running $3.5 Million “Protection” Racket
- GOP Michigan County Commissioner Re-elected— and Headed to Federal Prison
- Push to Digitize Rikers Island Mail Based on Faulty Drug Tests
- “Whoppergate” Embroils Georgia Sheriff
- News in Brief
- Turn Key Health Walks Away From Oklahoma County Jail
More from Douglas Ankney:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
More from these topics:
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025. Prison/Jail Murders, Conditions of Confinement, Staffing, Cruel and Unusual Punishment.
- Seventh Circuit Reverses Denial of Class Certification in Suit Over Inadequate Dental Care at Chicago Jail, March 1, 2025. Dental Care, Failure to Treat, Class Certification.
- Tennessee DOC Found in Violation of ADA With Failure to Accommodate Hearing Impaired Prisoners, Feb. 15, 2025. Deaf Prisoners, Americans with Disabilities Act, Class Actions, Policy Considerations.
- Philadelphia Held in Contempt of Jail Conditions Settlement, Ordered to Pay $25 Million, Feb. 15, 2025. Conditions of Confinement, Settlements, Contempt (Civil Procedure), Policy Considerations, Fines.
- Harvey Weinstein Files Notice of Claim Over Rikers Island Detention, Feb. 15, 2025. Systemic Medical Neglect, Conditions of Confinement, State Law Claims.
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025. Disabled Prisoners, Systemic Medical Neglect, Malpractice, Conditions of Confinement, Americans with Disabilities Act.
- Federal Prison Oversight Act Becomes Law, Feb. 15, 2025. Conditions of Confinement, Bureau of Prisons (BOP), Policy Considerations, Discovery and Inspection.
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025. Disclosure of Records, Police, Brady Violations, Murder/Felony Murder, Resentencing, Prior Conviction/Sentence/Incarceration, Evidence - Admissibility.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
- Maryland Supreme Court Clarifies Process for Admitting Co-Conspirator’s Hearsay Statements During Police Interview Under ‘Declaration Against Penal Interest’ Exception, Trial Court Must ‘Parse’ Interview to Determine Admissibility of Each Statement, Feb. 1, 2025. Standard of Review, Police Interrogations, Evidence - Admissibility, Hearsay Evidence, Co-conspirator Statements.