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Immunity for Warden in Hiring Decision by The defendant warden was entitled to qualified immunity for departing from the usual hiring practice (i.e., preferring in-house candidates to those from other prisons) in filling a lieutenant's position in order to increase the amount of minority representation in such jobs at the …
County Immune for Holding Federal Detainee Without Court Hearing by The plaintiff, a federal detainee held in a county jail, was detained for 12 days before being taken before a judicial officer. The Feds settled. The County could not be held liable because its actions did not cause the deprivation: …
Warden May Be Liable for Suicide for Lack of Mental Health Staffing by The plaintiff was sentenced to 60 days for possession of Valium in the third degree. After six days in jail he drank cleaning fluid, which was viewed by staff as a suicide attempt despite his claim he …
No Liability for Jail Prisoner’s Suicide by No Liability for Jail Prisoner's Suicide The decedent, diagnosed as schizophrenic, was arrested on outstanding warrants. Jail personnel were notified that he was an escape risk and he was placed in a suicide watch cell. The officer on duty the next day was …
Court Decides Against Defendant's Discovery Abuses in Texas Police Shooting Case by The decedent was discovered naked in an automobile masturbating, and he refused to come out, so of course the police killed him. At 207: "This case is a prime example of a troubling trend in civil rights cases. …
Article • May 15, 2008
Wisconsin Prisoner Loses Claim Over Transfer to Private Prison in Tennessee by The plaintiff, a Wisconsin prisoner housed in a private prison in Tennessee, filed an "irregular document" with no filing fee or IFP application, asserting that by transferring him Wisconsin had relinquished jurisdiction over him, entitling him to release. …
Article • May 15, 2008
Fines for Consent Decree Non-Compliance are Criminal, Require Jury Trial by The district court fined D.C. $5.1 million for noncompliance with a consent decree governing treatment of the mentally retarded, which requires placement in community institutions and payment of vendors within 30 days following submission of acceptable vouchers. The nonpayment …
Canadian Death Row Prisoners' International Law Claims Rejected by The plaintiff, a Canadian sentenced to death in the United States, alleged that he had been subjected to psychological torture in violation of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment because of his nine execution …
Article • May 15, 2008
Puerto Rican Prisoner’s Property Suit Dismissed by Puerto Rican Prisoner?s Property Suit Dismissed The plaintiff sued over lost property He had failed to file an appeal of the adverse ruling on his grievance within the five-day time limit The court buys all the holdings construing "prison conditions" expansively, and does …
Chicago Jail Not Liable for Suicide Despite Cell Design by The decedent hanged himself in a police lockup. All the relevant procedures (thorough screening, training of personnel, checking of cells every 15 minutes, removal of obviously dangerous object) were followed. The existence of horizontal bars (from one of which the …
Multiple Sclerosis Not Covered by ADA by The multiple sclerosis of the plaintiff, a former corrections investigator, was not a disability under the Americans with Disabilities Act, since it precluded him only from performing his own job and not a broad class of jobs, and the defendants were therefore not …
Article • May 15, 2008
Court Holds 11th Amendment Doesn't Bar Consent Decree Enforcement by The defendant state officials argued that under the Eleventh Amendment, a consent decree enforcing statutory rights could not be enforced to the extent that decree provisions went beyond the requirements of federal law. Judge Justice doesn't buy it. Lelsz v. …
First Amendment Protects Sex Discrimination Complaint Against State Police by The plaintiff, who runs an automobile towing company, said that a Highway Patrol official retaliated against her by removing her from the Patrol's towing referral list because she had filed a sex discrimination complaint with a state agency. At 770-71: …
No Liability for Shooting Suicidal, Armed Jail Prisoner by The plaintiff was arrested and tried to kill himself. He was handcuffed to a wall on the police station booking area for observation, and set fire to his clothing while so restrained. He expressed more suicidal thoughts at the hospital where …
Article • May 15, 2008
Third Circuit Has Appellate Jurisdiction Over Unexhausted Claims by The plain language of the exhaustion requirement ("No action shall be brought") shows that Congress did not intend that it be applied to cases already pending on the date of the PLRA's enactment However, the plaintiff was required to exhaust under …
Article • May 15, 2008
Court Dismissed Suit Over Reversed Disciplinary Charges by The plaintiff says that the defendants were responsible for issuing disciplinary reports against him that were overturned. At 1351: "Defendants correctly concede that such a claim may be cognizable under 1983 if the Reports resulted in the lengthening of Plaintiff's term of …
Alabama Female Guards Title VII Suit over Masturbating Prisoners Dismissed by Female prison guards employed in a male prison sued under Title VII, alleging that they had been subjected to a hostile work environment as a result of the "egregious acts" of the prisoners, condoned by the plaintiffs' superiors. (One …
Article • May 15, 2008
Heck Bars Suit Over Improper Parole Records by The plaintiff complained that various agencies failed to amend an incorrect statement in his pre-sentence report, which was in his prison records, and which resulted in his being denied parole. He asked inter alia for an "immediate parole board interview." The court …
Article • May 15, 2008
Seventh Circuit Discusses Heck and Court Access Claims by The plaintiff sought damages for defendants' hindrance of his efforts to litigate a state court collateral attack on his conviction. The rule of Heck v. Humphrey, "which forbids a convicted person to seek damages on any theory that implies that his …
Class Certified in Hispanic Racial Profiling Suit by Standing is assessed with respect to the class as a whole after class certification but with respect to the named plaintiffs before certification. Evidence of a pattern or practice of police conduct that does not depend on the plaintiff's own behavior can …
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