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Connecticut Takes Cut of Prisoner Judgments and Inheritances by Matthew Clarke by Matthew T. Clarke Connecticut has enhanced its use of a state law (C.G.S.A. § 18-85a) that allows it to recover costs of incarceration from prisoners, targeting prisoners who benefit from a ?windfall? such as an inheritance, insurance settlement, …
Article • August 15, 2007 • from PLN August, 2007
Connecticut: Victims’ Privacy Protection Saves Some Sex Offenders From Public Registration by John Dannenberg Connecticut: Victims' Privacy Protection Saves Some Sex Offenders From Public Registration by John E. Dannenberg In Connecticut, some convicted sex offenders' names will not show up on the state's public online registry. Under penal statute Section …
Article • May 15, 2007
Escaped Prisoner Has Limited Expectation of Privacy by The U.S. Court of Appeals for the Second Circuit ruled that an escaped prisoner is considered to be in constructive custody and therefore has a limited expectation of privacy. Roy, an escaped prisoner, was detained by Rocky Hill., Connecticut police on suspicion …
Article • May 15, 2007
Houston v. Lack Tolls Statute of Limitations by The U.S. Second Circuit Court of Appeals held that the "mailbox rule" of Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed2d 245 (1988) tolls the statute of limitations during the interval between the date a prisoner delivered to prison …
Administrative Remedy Exhaustion Rule Restricted by The U.S. Court of Appeals for the Second Circuit has limited the rule that prisoners must exhaust all administrative remedies before filing a civil rights action under 42 U.S.C. Section 1983 as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. 1997e(a). The …
Article • May 15, 2007
Constitutional Issue Not Required for Attorney Fees Award by This case arose out of a Connecticut woman's federal court challenge under 42 U.S.C. § 1983 to Connecticut's Aid to Families with Dependent Children (AFDC) regulations which denied her credit for actual work-related expenses. The complaint was decided in the woman's …
Article • May 15, 2007
Class Numerosity Satisfied With 40 or More Members by At 590: "Generally, courts will find a class sufficiently numerous when it comprises 40 or more members." However (id.): . . . [W]here a class is not obviously numerous, courts should, in addition to the number of proposed class members, consider …
Article • May 15, 2007
Class Certified in CT Syringe Exchange Search Suit by The plaintiffs challenged a police practice of searching and arresting persons who participated in the Bridgeport Syringe Exchange Program, and moved for class certification. At 331: Numerosity "'is presumed at a level of 40 members' of a putative class." Exact class …
Article • May 15, 2007
Class Certification Discussed by Plaintiffs alleged that delays in informing them of adverse actions on Medicaid coverage claims violated federal and state statutes and the Due Process Clause. The court certifies a class over the defendants' objection based on the Galvan "necessity doctrine" that government can be expected to apply …
$1,226,625 Verdict in Wrongful Death of Prisoner on Jail Outing by While participating in an outing of a state sponsored pretrial detention program, the 21-year-old decedent prisoner in this case decided to swim in a reservoir owned by Connecticut's City of Waterbury. The reservoir was off limits to the public, …
$150,000 Verdict in Failure to Train Suit for Withdrawal Death of CT Jail Prisoner by $150,000 Verdict in Failure to Train Suit for Withdrawal Death of CT Jail Prisoner A jury awarded $150,000 to the estate of a 41 year old Polish prisoner who died in his jail cell of …
One Week Connecticut Lockdown Conditions Upheld by The prison was locked down for a week and plaintiffs sued for damages over the conditions. At 237-38: "While prison officials may impose institutional lockdowns, the conditions under which the inmates are confined must not violate the Eighth Amendment." The court holds these …
Article • May 15, 2007
Denial of Colostomy Surgery Due to Cost is a Serious Medical Need by The plaintiff was supposed to have a colostomy closed; the surgery was delayed from October 1994 until January (after the plaintiff's release) with the treating doctor's concurrence. The plaintiff began having bleeding and pain at the site. …
Important Application of Qualified Immunity to Supervisory Liability Claims by This is probably the most important opinion the Second Circuit has issued concerning the application of qualified immunity to supervisory liability. Although it is not a prison case, it has significant implications for a largely unrecognized question in prison litigation. …
ADA Group Home Suit Not Moot by The plaintiffs' claim against a fire department of disability discrimination against a group home was not mooted by its changed interpretation of the fire code, since the interpretation might change back. At 574: "The defendant's burden is a heavy one to ensure the …
Article • May 15, 2007
New BOP Work Release Policy Upheld by The Bureau of Prisons' interpretation of its general statutory authority as not including placement in community correctional centers (CCCs), and of the CCC statute as authorizing placement only for the last 10% of a prisoner's sentence, were permissible, and this new interpretation did …
Article • May 15, 2007
Damages Reduced in CT Police Failure to Protect from Police Case by A jury awarded $2,000 compensatory and $200,000 in punitive damages in a case involving a police official's refusal to act on a request for protection from another police officer. The court concludes that some punitive damages are appropriate …
Article • May 15, 2007
Turner Applied to Some Juvenile Prisoner Strip Searches by The plaintiffs, parents of two female children, challenged the lawfulness of strip searches in juvenile detention centers, which contain persons awaiting trial following arrest for serious juvenile offenses, or for less serious offenses if the parents refuse to take the child …
2nd Circuit Orders Reconsideration of Non-Exhaustion Defense by The Second Circuit Court of Appeals reversed the dismissal of a Connecticut prisoner's failure to protect action for non-exhaustion of administrative remedies. The district court was instructed to reconsider in light of a series of exhaustion cases that were issued while the …
Article • May 15, 2007
No Indemnification to Insurance Company from Killer by After Connecticut prisoner Kevin King received a $2,070,000 award in a civil rights case resulting from a beating he received during a failed prison escape, the insurance company that paid a $1,750,000 settlement for wrongful death relating to King's crime (a murder) …
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