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Article • August 15, 2008
Colorado Coroner Entitled to Ambulance Reports by Nancy Bodelson, the Coroner for Jefferson County, Colorado asked the city of Littleton, Colorado for ambulance reports pertinent to the body she was autopsying. The city refused claiming that tae Colorado Open Records Act (CORA) Co. Rev. Stat. § 24-72-204 et seq., precluded …
Article • August 15, 2008
Washington Community Corrections Officer’s Pay Reduction for Failure to Perform Duties by The State of Washington Personnel Appeals Board (PAB) has held that pay reduction for a Community Corrections Officer who failed to properly classify and monitor offenders, complete offender tracking reports, complete field itineraries, and comply with supervisory directives, …
PHS Not Liable in Kansas Wheelchair Collapse by The defendants were not deliberately indifferent in providing the plaintiff a wheelchair that collapsed under him. The court notes that they always recognized his medical needs by providing him a wheelchair, he signed two forms reflecting that the wheelchair issued to him …
Claims by Beaten Indiana Jail Prisoner Upheld; Guard’s Indemnification Claim Denied by The plaintiff said he was beaten by guards; the defendants said he was beaten by one officer, who was fired and recommended for criminal investigation. He was allegedly unruly, was gassed with pepper spray and then strapped into …
Article • August 15, 2008
Ninth Circuit Upholds BOP IFRP Program by The federal prisons' Inmate Financial Responsibility Program, which provides for development of a plan for inmates to pay obligations such as court-ordered assessments, restitution, and fines, with deprivation of privileges and preferred housing as a sanction for noncompliance, does not improperly intrude on …
Class of Plaintiffs and Defendants Certified in Mental Health Suit by The plaintiff alleged that, notwithstanding a state court decision striking down the state statutory provisions for commitment of persons deemed incompetent to stand trial, those standards were still being applied at a number of Office of Mental Health facilities. …
Outside Clergy Requirement for Ramadan Services Upheld by Officials at a county prison provided for communal worship during Ramadan only if an outside leader could be found. This restriction did not violate the Turner standard because the Ramadan participants came from different housing units, raising order and security concerns; the …
Article • August 15, 2008
Fifth Circuit Discusses Class Certification Requirements by A class of 100 to 150 is sufficiently numerous for class certification (this range "generally satisfied the numerosity requirement" (624); the members were geographically dispersed and unavailable for joinder; some class members might fear retaliation. At 625: "The test for commonality is not …
Denial of Cooking Class Attendance for Refusing HIV Test Upheld by The plaintiff complained that he was excluded from a "culinary arts program" because he wouldn't take an HIV test. The plaintiff did not allege that he was a "qualified individual with a disability" and, in fact, pleaded himself out …
Disabilities Subject to Correction Not Protected by ADA by Under the Americans with Disabilities Act, whether an impairment "substantially limits" one or more major life activities is assessed with reference to mitigating measures (in this case, medication for high blood pressure). That means someone whose disability is substantially corrected can …
Article • August 15, 2008
BOP Ordered to Reinstate Good Time Reduction Despite Weapons Enhancement by The petitioner had been determined eligible for early release upon completion of a substance abuse treatment program and was then disqualified based on a new Bureau of Prisons rule disqualifying those who had received sentence enhancements for weapons possession. …
No Sexual Assault Claim Based on Abusive Metal Detector Search by The plaintiff alleged that an officer shoved a hand-held metal detector between his buttocks. He was fully clothed. He was later issued a one-day deprivation order and a misbehavior report for refusing a direct order, violating frisk procedures, and …
Article • August 15, 2008
Second Circuit Discusses 26 Year History of Arrestee Property Right Violations by The plaintiff complained that he was deprived of his automobile and jewelry without due process because they were not returned to him after his arrest and he was not informed of the procedure to get them back. The …
Article • August 15, 2008
No Sanctions for Meritless Motion to Strike by The pro se plaintiff should not be sanctioned for filing a meritless motion to strike. The motion was obviously modeled after a sample Rule 12(f) motion and appeared to be a misguided attempt to respond to the defendants' answers in the appropriate …
ADA Valid Exercise of Congressional Authority by The Americans with Disabilities Act is not invalid under the Eleventh Amendment because it is a proper exercise of Congress's authority under 5 of the Fourteenth Amendment. Unlike the Religious Freedom Restoration Act, the legislative record of which lacked examples of modern instances …
Firing of Work Release Intern for TV Interview Upheld by A student intern was terminated from her position at a halfway house for sex offenders for giving a television interview in which she criticized a proposed policy change. Her interest in free speech was outweighed by the state's interest in …
Retaliation for Frivolous Litigation Okay by The plaintiff had three prior dismissals, disqualifying him from IFP status. The court directs that he pay the entire filing fee even though his complaint is dismissed as frivolous and IFP status is denied. An allegation of confinement to segregation or deprivation of minor …
Article • August 15, 2008
Holding Prisoner 57 Days Without Judicial Appearance Unconstitutional by The plaintiff turned himself in at the county jail after he learned that a warrant had been issued because he missed a court appearance concerning child support arrearages. The sheriff's office misfiled his records and kept him for 57 days despite …
Article • August 15, 2008
No Liberty Interest in New Jersey Work Release by The plaintiff was charged with drinking when he returned to a work release facility; he was found not guilty at a disciplinary hearing. (Some officers said he acted and smelled drunk, others did not, and the doctor said he did not …
Article • August 15, 2008
New Trial Ordered in NY False Arrest and Beating Suit by The jury found that the plaintiff had been falsely arrested and detained and had been the object of excessive force, but awarded only $1.00 in nominal damages. If the evidence shows that a plaintiff's injuries were caused by excessive …
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