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. …
Summary Judgement Reversed on Illinois Outgoing Mail Ban by The Illinois Court of Appeals held that prison officials violated a prisoner?s First Amendment free speech rights by refusing to allow him to mail an investigative report out of the prison. Illinois prisoner Gene Arnett and two other prisoners attempted to …
Illinois Jail’s Strip Search Policy Unconstitutional by Michael Rigby Illinois Jail's Strip Search Policy Unconstitutional by Michael Rigby On December 16, 2005, a federal district judge ruled that the Will County, Illinois jail routinely violated prisoners' Fourth Amendment rights by subjecting them to a blanket strip search policy, paving the …
Illinois Parole Violators Enforce Revocation Due Process Rights with Consent Decree by John Dannenberg by John E. Dannenberg The class of all Cook County, Illinois parole violators was granted a preliminary injunction by the U.S. District Court, Northern District, Eastern Division, ordering the Illinois Department of Corrections (IDOC) to conduct …
Vienna Convention Creates Individually Enforceable Rights by Matthew Clarke by Matthew T. Clarke In a ground-breaking decision the Court of Appeals for the Seventh Circuit held that the Vienna Convention on Consular Relations (Vienna Convention) created individual rights to consular notification that may be enforced in a civil action. Thus, …
Seventh Circuit Rejects Total Exhaustion Rule for § 1983 Complaints by Bob Williams Seventh Circuit Rejects Total Exhaustion Rule for § 1983 Complaints by Bob Williams The United States Court of Appeals for the Seventh Circuit vacated the dismissal of a prisoners amended complaint, finding prior exhaustion putting the state …
Seventh Circuit Discusses Administrative Exhaustion by The Seventh Circuit Court of Appeals has held that a prisoners amended complaint was the functional equivalent of a new complaint, and that new claims that were administratively exhausted after the original complaint was filed satisfied the Prison Litigation Reform Acts (PLRA) exhaustion requirement. …
Illinois Cook County Jail Embroiled in Shootings, Scandals and Escapes by by Gary Hunter Shootings, stabbings, suicides, a death and multiple escapes have turned the Cook County Jail in Chicago on its proverbial ear over the past year, in addition to misconduct by guards, a change in the jails leadership …
Successor Judge Needs Compelling Reason to Reopen Prior Judges Ruling by Successor Judge Needs Compelling Reason to Reopen Prior Judge's Ruling The Seventh Circuit Court of Appeals has held that a successor judge did not have record support to reopen another judge's decision that a prisoner's suit was not barred …
