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BOP Prisoner Bystander Hurt in Gang Fight States FTCA Claim by The plaintiff sued under the Federal Tort Claims Act alleging that prison staff negligently permitted him to be injured as a result of a gang fight in which he was not involved, and that he did not receive proper …
Article • May 15, 2007
Filed under: Searches, Police Searches
Complaint Against Police Survives Motion to Dismiss by The plaintiffs complained of a warrantless search and use of force by police officers. At 994: The City argues that the appropriate standard for a motion to dismiss is "not whether plaintiffs can demonstrate a set of facts, but rather, . . …
Article • May 15, 2007
Prior Disciplinary Actions against Police Inadmissible by In a police brutality case, evidence pertaining to prior, unrelated disciplinary actions against the arresting officer is held inadmissible in the absence of a showing of any purpose other than to show that the officer acted in conformity with his character, which is …
Retaliatory Transfer, Arm Smashing by Guards, Denial of Care State Claim by The plaintiff complained that an officer intentionally smashed his hand and arm in the food slot in his cell door, and then denied him medical care. He recounted a second incident of the same nature, plus additional incidents …
Article • May 15, 2007
Police Not Liable for Arrestees Post Surgery Injury by The plaintiff, who had had bowel resection surgery five days previously, was arrested in the hospital and taken to jail. She asked if she could back into the van and sit on the floor and was refused. When she climbed into …
Article • May 15, 2007
Town Enjoined from Banning Games by The village passed an ordinance that prohibited playing games in public places, including streets, sidewalks, schoolyards, parks, and bodies of water, and cited parents for "parental irresponsibility" when their children disobeyed the ordinance. The village then repealed the ordinance after being preliminarily enjoined. The …
Article • May 15, 2007
Filed under: PLRA, Filing Fees (PLRA)
Multiple Prisoner Plaintiffs Can Split Filing Fee by In a multi-plaintiff case, defendants moved to make each plaintiff pay the entire filing fee, relying on Hubbard v. Haley. The court points out that Hubbard doesn't support their position, since it holds that the PLRA repeals the joinder provisions of the …
Article • May 15, 2007
Lawyers Must be Allowed Access to Indigent Interrogatees by The following decision was stayed, appeal was expedited, and the decision was promptly reversed on the merits in a highly instructive opinion by Judge Easterbrook. 319 F.3d 967 (7th Cir. 2003). Chicago has a legal aid agency created specifically to provide …
Article • May 15, 2007
Abuse of Discretion Applied to PLRA Frivolous Dismissals by Under 28 U.S.C. § 1915A(b)(1), dismissals for factual frivolousness are mandatory rather than discretionary, and dismissal is without prejudice. The statute doesn't say without prejudice, but the implication is clear, since it applies to all prisoner suits, not just IFP suits. …
Numerous Evidentiary Rulings in Illinois Police Abuse Suit by The plaintiff sued for excessive force in his arrest, assault, and battery. The court denies the plaintiff's motion in limine to exclude his three prior felony convictions; he cites no cases in support of his argument, and "such convictions are routinely …
Article • May 15, 2007
Private Medical Transport Company Not Liable for Police Actions by At police direction, a private corporation transported the plaintiff to a police station, where he collapsed from a medication overdose. He had taken 114 pills after arrest while the officers stood around talking. When asked about the empty bottle, he …
No Immunity for Prosecutors Who Conspire to Assault Prisoner by The plaintiff alleged that prosecutors conspired to have the plaintiff assaulted by other prisoners. At 604: "These actions, if true, would be quite outside the prosecutorial sphere, and thus the absolute immunity of prosecutors as quasi-judicial officers would not apply." …
Challenge to BOP Denial of Pre Sentence Reports Must Be Brought As Civil Suit by The plaintiff, under the case number and caption of his 25-year-old criminal case, filed a motion challenging the Bureau of Prisons' policy forbidding inmates from retaining possession of their pre-sentence reports in their cells. At …
Article • May 15, 2007
No Qualified Immunity Despite Lack of Case Law for False Arrest by A motel guest parked his large truck in front of his room, which the management did not approve of, and refused to move it. The manager called a deputy sheriff who, when the guest did not answer his …
Article • May 15, 2007
City Not Liable for Police Acting on Unenforceable Arrest Order by The plaintiff brought suit after police officers acted on an unenforceable out-of-state custody order. The court affirms the finding of no municipal liability. At 645: "We agree that Plaintiffs were not required to prove a pattern of constitutional violation, …
7th Circuit Reverses SJ Retaliatory Transfer Claims by The Seventh Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials on due process and retaliatory transfer claims. The Illinois Department of Corrections (IDOC) operates the Tamms Correctional Center (Tamms). It is the highest security IDOC …
Article • May 15, 2007
No Medical Co-Pay for Indigent Illinois Prisoners by The Illinois Appellate Court reversed a lower court's denial of injunctive relief on a pro se prisoner's claim that indigent prisoners are improperly being charged $2.00 medical co-payments. Illinois statutes and rules authorize the Illinois Department of Corrections (IDOC) to deduct a …
Article • May 15, 2007
Seventh Circuit Affirms Dismissal of Blind Prisoner's Failure to Protect Suit by The legally blind plaintiff sued under the ADA and the Constitution, alleging that inter alia the defendants had double celled him with other prisoners who verbally and physically assaulted him and stole from him. His attorney, in a …
Article • May 15, 2007 • from PLN May, 2007
Registration Requirements Expanded to Non-Sex Crimes and Unconvicted Offenses by Matthew Clarke by Matthew T. Clarke Ohio and Illinois have recently expanded the scope of persons required to register with the state as sex offenders to include persons who have never been charged with or convicted of a sex crime. …
Article • May 15, 2007
Segregation Prisoners Entitled to Exercise and Showers by The court of appeals for the Seventh circuit modified and affirmed a district court injunction requiring that Illinois prisoners in segregation for more than 90 days receive at least five hours of outdoor exercise and three showers per week. The suit was …
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