BOP Hernia Suit Dismissed for Non Exhaustion by The plaintiff complained of delay in hernia surgery but did not exhaust administrative remedies. His argument that the remedy doesn't provide damages was rejected in Booth v. Churner. His claim that he was denied the necessary forms is rejected because he filed …
No Liability for Death of Arrestee Who Caused Police Car Crash by The decedent was arrested while drunk and was placed in the back of a police car rear-cuffed. The officer did not shackle his legs, fasten his seatbelt, or close the plexiglass partition between front and back seats. The …
Punishment for Refusing Polygraph Upheld by A prisoner who was placed in segregation pending a hearing was provided due process by the "postdeprivation" disciplinary hearing he received. Review of a disciplinary proceeding to determine if it was supported by "some evidence" must be limited to evidence in the administrative record. …
No Filing Fee Waiver of Appeals in Three Strikes Cases by No Filing Fee Waiver of Appeals in Three Strikes Cases Plaintiff got his third strike in the district court, which, contrary to the literal language of the three strikes provision, granted him IFP status on appeal. At 541: That …
No Immunity for Police in Tight Handcuffs Suit by Defendant police officers are not entitled to summary judgment on the plaintiff's claim of excessively tight handcuffing in light of evidence that the cuffs left a mark visible nearly two years later and continuing pain in the plaintiff's wrists; there is …
IL Civil Commitment Law Upheld by In 1998 Herbert Varner, an Illinois state prisoner, was finishing a thirteen-year sentence for sexually abusing his five-year-old niece when the state initiated civil commitment proceedings against him under ILCS § 207/1, et seq. A jury found that Varner suffered from a mental disorder …
Prisoner Suit Filed When Mailed to Court by Prisoner Suit Filed When Mailed to Court The plaintiff's suit was filed, tolling the limitations period, when his mailed complaint was received by the district court, even though it was returned to him for a failure to comply with local rules (i.e., …
Prison Not Liable for Cold Cell by The court rejects the plaintiff's claim that he was kept in an unconstitutionally cold cell for two winters, since temperature measurements showed nothing colder than 64.6 degrees, except for a 24-hour period with no heat, and that period was too short to "cause …
Administrative Exhaustion Required in Beating Claim by At 721: Dismissal without prejudice for non-exhaustion is final and appealable because it can't be remedied by an amendment to the complaint. Id.: The court says plaintiff's complaint might be time-barred after dismissal for non-exhaustion, or the limitations period might run from the …
Federal Court Generally Can't Enjoin State Court Proceedings by At 666: "The Younger abstention doctrine requires federal courts to abstain from enjoining ongoing state proceedings that are (1) judicial in nature, (2) implicate important state interests, and (3) offer an adequate opportunity for review of constitutional claims, (4) so long …
Four Year Statute of Limitations for All Post 1990 Federal Laws by In 1990, Congress passed a "catchall" four-year statute of limitations for actions arising under federal statutes enacted after December 1, 1990. This claim, which arose under the 1991 amendment to 42 U.S.C. § 1981, is governed by that …
Seventh Circuit Applies PLRA to IL Civil Commitment Prisoners with Pending Charges by Seventh Circuit Applies PLRA to IL Civil Commitment Prisoners with Pending Charges The district court dismissed at screening for non exhaustion. At 978: "Although the judge used 28 U.S.C. § 1915A to act peremptorily, failure to employ …
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 …
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 …
No Witness Protection Program for Famous Author Informant by The court of appeals for the Eighth circuit held that prisoners are not entitled to placement in the federal Witness Protection Program (WPP) and the courts will not enjoin transfers among federal prisons when prison officials claim they will take special …
Illinois DOC Capitulates On Prison Newspaper Ban by John Dannenberg by John E. Dannenberg The Illinois Department of Corrections (IDOC) settled a publisher?s civil rights complaint challenging the arbitrary ban of Stateville Speaks, a nascent newspaper containing writings by IDOC prisoners. The IDOC amended its mail regulations regarding ?unacceptable publication? …
Chicago Juvenile Detention Center Workers Resist Court-Ordered Reforms by John Dannenberg by John E. Dannenberg In June 1999, the American Civil Liberties Union (ACLU) won a suit against Chicago?s Cook County to abate unconstitutionally sordid, unsafe and abusive conditions at its Juvenile Temporary Detention Center (JTDC), conditions that had been …
Sensitive Illinois DOC Personnel Records Compromised by The Illinois Department of Corrections (IDOC) recently mishandled personnel information on ?virtually all? of its 13,500 employees. Additionally, the Department of Transportation lost data on 40 of its employees. An angry public employees? union demanded to know when the breach occurred, what had …
Cotts v. Osafa, IL, Complaint, Medical Neglect, 2007 1:05-cv-01150-MMM-JAG # 44 Page 1 of 10 E-FILED Friday, 30 March, 2007 04:02:35 PM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT OF THE CENTRAL DISTRICT OF ILLINOIS PEORIA, ILLINOIS ) ) ) ) PETER ANDREW COTTS, Plaintiff, ) …
Collins v. City of Chicago, IL, Complaint, False Arrest & Excessive Force, 2006 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION JOHN COLLINS, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. CITY OF CHICAGO, MICHAEL GARZA, and JEFFREY MAYER, Defendants. No. …
