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Article • May 15, 2007
Prisoner Cannot be Class Representative and File Industrial Suit Over Same Claims by Prisoner Cannot be Class Representative and File Industrial Suit Over Same Claims The plaintiff alleged that she was raped and impregnated by a correction officer. She filed a damage suit in one district and subsequently became a …
Article • May 15, 2007
ADA Injunctions Allowed Under 11th Amendment by State officials can be sued in their official capacities for injunctive relief under the ADA notwithstanding the Eleventh Amendment. The court declines to decide the constitutionality of the statute on an interlocutory appeal from the denial of Eleventh Amendment immunity. See: McCarthy v. …
Article • May 15, 2007
Expert Witness Not Disqualified Based on Confidential Relationship with Plaintiff by Expert Witness Not Disqualified Based on Confidential Relationship with Plaintiff The plaintiff sought to disqualify the defendants' expert witness based on a prior confidential relationship with the plaintiff (the attorney for the plaintiff estate had consulted the CPA firm …
Article • May 15, 2007
Filed under: Medical, Cancer, Malpractice
No Reconsideration of Jail Cancer Misdiagnosis by The plaintiff alleged that medical staff at the Erie County Medical Center removed one kidney and part of his bladder assuming that he had transitional cell carcinoma when his diagnostic tests were actually negative for cancer. The allegations at most state a claim …
Article • May 15, 2007
No Counsel Appointed in Police Beating Suit by The plaintiff brought suit alleging excessive force causing injury by police, and sought appointment of counsel. He makes the requisite showing of merit but "fails to state a reason why appointment of counsel would increase the likelihood of a just determination in …
Assault Victims Statements Must Be Evaluated at Disciplinary Hearing by The plaintiff was convicted of assaulting another prisoner who wrote an initial statement that the plaintiff did it but then refused to testify. There was no evidence of guilt that did not derive from the victim's statement. The plaintiff's disciplinary …
Article • May 15, 2007
$27,501 Award to Beaten Maryland Prison Visitor by The plaintiff alleged that he was beaten while visiting his son in prison and won a judgment of $1.00 in compensatory damages and $2,500 in punitives for excessive force. His award of attorneys' fees is reduced from his claim of $130,000 to …
No Immunity for Jail Guards Who Beat Diabetic Prisoner by The plaintiff was stopped for a bicycle infraction and then arrested for an unpaid parking ticket. He told the arresting officer and the jail nurse that he was diabetic, felt ill, and needed to eat as soon as possible. Instead …
Article • May 15, 2007
Change in BOP Work Release Policy Upheld in New York by The plaintiff challenged the Department of Justice's abruptly announced change of policy holding that prisoners cannot be placed in a community confinement center for more than 10% of their sentences. The Bureau of Prisons' interpretation of the statute is …
Article • May 15, 2007
No Summary Judgment in NJ Control Unit Retaliation Case by The plaintiff alleged that after a Behavioral Modification Unit was discontinued, he (unlike almost everybody else there) was returned to administrative segregation. He alleged this was in response to his having filed a grievance about excessive force against another prisoner. …
No Supervisory Liability for Forwarding Complaints about Conditions to Others by The plaintiff complained of excessive force and other abuse. Defendants have not met their burden of showing that the plaintiff failed to exhaust. They submitted the grievance director's affidavit stating that the Central Office Review Committee has no record …
TN Chancery Court Must Award Reasonable, Rather Than All, Costs and Fees to Winner in Public Records by TN Chancery Court Must Award Reasonable, Rather Than All, Costs and Fees to Winner in Public Records Act Cases The Pollow family settled a civil rights action against police in Memphis, Tennessee …
Article • May 15, 2007
Court Describes Different Class Action Notifications by At 183: Notice of an impending class action suit need only be the best notice practicable under the unique circumstances of each case; this is a fact-intensive inquiry. . . . Individual notice to each plaintiff is unnecessary, as long as the notice …
Qualified Immunity for Mental Hospital Officials Holding Patient in Segregation by The plaintiff was found not guilty by reason of insanity of murdering and mutilating his girlfriend. He was ordered to be admitted to a hospital for evaluation, but he wasn't for a long time because officials deemed him dangerous …
Article • May 15, 2007
District Court Committee Injunction Against Prolific Filer is Judicial by District Court Committee Injunction Against Prolific Filer is Judicial The district court referred this "prolific filer" to the district court's Executive Committee, which entered an injunction requiring screening of his papers before filing except in criminal or habeas matters. To …
Jury Finds CT Prisoner Denied Disciplinary Due Process by The plaintiff was summoned to a disciplinary hearing, got there late, and discovered it had been held without him and he had been found guilty. He asked to be heard and tried to get the hearing officer's attention; he was maced …
Article • May 15, 2007
Pro Se Sewage Exposure Claim Dismissed by The plaintiff alleged that inmate workers had to handle quantities of sewage because of the deficiencies of the prison sewage system, and that she got some on her because her protective clothing was the wrong size and wasn't able to wash the sewage …
Article • May 15, 2007
Release of DNA Evidence Must Be Brought As Habeas by The plaintiff sued to obtain the release of biological evidence for DNA testing, alleging it would be exculpatory as to his criminal conviction. His suit was, in effect, a challenge to the validity of his criminal conviction that must be …
Article • May 15, 2007
11th Amendment Bars Consent Decree Enforcement by Children who were in state custody alleged denial of meaningful access to adoption services. A consent decree was entered. Plaintiffs moved to hold defendants in contempt. Defendants moved to dismiss. Read to the end for an important lesson in settlement-drafting. The suit is …
Article • May 15, 2007
Doctor Employed by Private Medical Company's Firing Upheld by The plaintiff physician complained that she was fired by a private corporation providing medical care to prisoners because she gave a prisoner a 7-Up to drink. Prison officials denied her further access to the prison and the corporation cited that fact …
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