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Fired California Guard’s Termination Suit Reinstated by Fired California Guard's Termination Suit Reinstated The plaintiff jailer was terminated for excessive force and mistreatment of women and minority prisoners without being allowed to see the documents on which the decision was based. He was reinstated by a state court with back …
No Restriction on Moving Wisconsin Prisoners to Private Out of State Prisons by The plaintiff sought an injunction against his transfer to a private prison in Texas or Tennessee. His commitment to the "Wisconsin State Prisons" as opposed to the "Wisconsin Department of Corrections" does not mean he has a …
Federal Prisons Not Subject to ADA by The hearing-impaired plaintiff complained of his treatment in a Wackenhut facility while awaiting deportation. Since he has now been deported, his claim about conditions is moot, and the court lacks jurisdiction to overturn his deportation even though he says he elected not to …
Article • May 15, 2008
Fifth Circuit Discusses Appellate Review of 28 U.S.C. § 1915 Dismissals by Dismissals under 28 U.S.C. § 1915(e)(2)(B)(1) are governed by abuse of discretion standard At 940: "In determining whether a district court abused its discretion, we consider factors such as 'whether (1) the plaintiff is proceeding pro se, (2) …
Article • May 15, 2008
Filed under: Civil Procedure, Damages
Subjective Knowledge Required for Punitive Damages by Under the Supreme Court's Kolstad decision, there must be proof of evil motive or reckless or callous indifference, meaning subjective knowledge that the defendant may be acting in violation of federal law. As a result, prior law holding that in civil rights cases …
Article • May 15, 2008
Father May Sue for Mentally Ill Son’s Jail Assault by Father May Sue for Mentally Ill Son's Jail Assault The plaintiff brought suit as "next friend" of his son, who was assaulted in jail and who he alleged was mentally incompetent. The defendants objected to his doing so because no …
Concealment of Medical Experiments Tolls Statute of Limitations by The plaintiffs sued over medical experiments ("boron neutron capture therapy") performed on their terminally ill relatives in the 1950s and then covered up. The right of access to courts is violated when government officials wrongfully and intentionally conceal information crucial to …
Article • May 15, 2008
No Cause of Action Under International Law for Medical Experiments by Plaintiffs complaining about being subjected to medical experiments in a mental hospital "have not established a cause of action for civil responsibility for crimes against humanity." (42) Although international law "is an inseparable part of American jurisprudence and as …
Article • May 15, 2008
Maryland Prison Officials Get Qualified Immunity for Prisoner “Retake” Orders by Maryland Prison Officials Get Qualified Immunity for Prisoner "Retake" Orders Based on a state appellate decision concerning sentence credit, prison officials decided they had released some prisoners incorrectly, so they had them arrested and reincarcerated through "retake orders." The …
Article • May 15, 2008
No CMS Liability for Denying Treatment for Dislocated Shoulder by The plaintiff said he dislocated his previously injured shoulder in his sleep. At 511: "For purposes of this case, it is undisputed that a shoulder dislocation causes great pain and is a serious medical need." The defendants were not deliberately …
Article • May 15, 2008
Arizona Gas Chamber Unconstitutional by The court holds that execution by lethal gas as practiced in Arizona is unconstitutional, applying the prior decision in Fierro v. Gomez, which it notes was vacated but has never been held wrong. The Supreme Court later held that the petitioner's claim was procedurally barred …
Article • May 15, 2008
NJ Prisoner’s Tuberculosis Suit Dismissed by NJ Prisoner's Tuberculosis Suit Dismissed The plaintiff tested positive for tuberculosis while incarcerated; he was given INH, which caused some liver problems. The defendants were not deliberately indifferent in not doing TB testing every six months rather than yearly and in giving him INH. …
Article • May 15, 2008
No Right to Interpreters for IWS Application Process by Due process does not require the government to provide competent interpreters for interviews by INS personnel with applicants for status as Special Agricultural Workers. The applicants' interest is qualitatively different from that of one defending against criminal prosecution, deportation, or exclusion. …
Article • May 15, 2008
Delaware Prisoner’s Conditions Suit States Claim by Delaware Prisoner's Conditions Suit States Claim The plaintiff alleges that while a detainee he had to sleep on the floor for a week in Booking and Receiving; when he was assigned to housing, he had to sleep on the floor for three weeks …
Court Terminates 1975 Minnesota Disciplinary Hearing Consent Decree by The court terminates 1975 consent judgment concerning disciplinary due process At 1007: A "Federal right" does not include rights established by consent decrees There is no evidence of current or ongoing violations Plaintiffs suggested that further investigation might uncover some, but …
Article • May 15, 2008
Denial of HIV/AIDS Treatment Upheld by At 448: A medical need is serious if it is one that has been diagnosed by a physician as mandating treatment or is one that is so obvious that even a lay person would easily recognize the necessity for a doctor's attention.... The serious …
Phillips v. Chandler, IL, Complaint, Medical Neglect, 2008 Case: 3:07-cv-50063 Document #: 68 Filed: 05/15/08 Page 1 of 17 PageID #:148 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION GEORGE PHILLIPS, Plaintiff, V. ) ) ) ) ) Case No. 3:07-cv-50063 ) NEDRA CHANDLER, KAROLYN SHERIDAN, ) RAJENDER …
Brief • May 14, 2008
Heston v. City of Salinas, CA, Transcript, police taser death cardiac arrest, 2008 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 SAN JOSE DIVISION 4 5 6 7 8 BETTY LOU HESTON, PLAINTIFF, V. CITY OF SALINAS, ET AL., 9 10 DEFENDANTS. _______________________ …
Ingram v. Turner et al, TN, Amended Complaint, riot snitching assault ad seg retaliation 8th Am, 2008 CCA-AF (6/2/14 PRA) 0186 CCA-AF (6/2/14 PRA) 0187 CCA-AF (6/2/14 PRA) 0188 CCA-AF (6/2/14 PRA) 0189 CCA-AF (6/2/14 PRA) 0190 CCA-AF (6/2/14 PRA) 0191 CCA-AF (6/2/14 PRA) 0192 CCA-AF (6/2/14 PRA) 0193 CCA-AF …
Brief • May 14, 2008
Carr v. Hazelwood, VA, Complaint, sexual abuse female prisoner complaint, 2007 Case 7:07-cv-00001-jlk-mfu Document 49 Filed 05/14/2008 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Roanoke Division ) ) ) ) ) ) Case No. 7:07-CV-00001 ) ) ) ) ) SHERIL …
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