Loss of Time a Compensable Damage by Loss of Time a Compensable Damage The plaintiffs complained of a course of mistreatment by the police. At 208: "The concept of actual injury at common law is a broad one, and the Supreme Court has recognized that 'compensatory damages may include not …
Guards Refusal to Protect MD Prisoner Upheld by The plaintiff said he told a defendant officer that his cellmate was threatening him with assault, and the officer responded, "I don't roll like that. Deal with it." The plaintiff was assaulted and seriously injured. The officer could not be held liable. …
Challenge to D.C. Parole Practices Rejected by The D.C. parole statute does not create a liberty interest in obtaining parole. Federal statute requires that the U.S. Parole Commission, which took over the D.C. Parole Board's responsibilities, follow the rules of the latter, but it also has the power to amend …
No Immunity for Beating Brain Injured MD Prisoner by The plaintiff, who had had a prior brain injury and was acting disruptively in his cell, was subjected to a cell extraction and sustained further disabling brain injury as a result of trauma including a facial fracture. However, as a result …
Filing Amended Complaint Allows Defendants to Raise Waived Defense by A prisoner who is released after he files suit is still bound by the PLRA exhaustion requirement. Rulings to that effect "are consistent with the plain language of the PLRA, which focuses on the time that a lawsuit is 'brought' …
Black FBI Agent Beaten by Police States Claim by The African-American plaintiff was pulled over for a traffic violation and cooperated with the police officer in every respect, including informing him that he was an FBI agent and was armed. The defendant officer handcuffed him and then grabbed him from …
Name Calling Suit Dismissed by The plaintiff's complaint that a prison employee called him a liar and a vexatious litigant with a morally deviant character is not actionable under the Federal Tort Claims Act because the statute exempts libel and slander claims from its waiver of sovereign immunity. The plaintiff …
BOP Enjoined in Transferring Prisoners from Work Release by The court grants a preliminary injunction against the transfer of three persons serving sentences in community confinement centers who have been notified that they will be transferred to a federal prison for the remainder of their sentences based on the Department …
Prisons Have Affirmative Duty to Protect Prisoners from Rape by Prisons Have Affirmative Duty to Protect Prisoners From Rape The court of appeals for the Fourth circuit affirmed a Maryland district court's injunction at 449 F. Supp. 473 (D MD 1978) requiring a prison to protect prisoners from sexual predators …
Prison Rules Require Adequate Notice, Supervisor Liable in Disciplinary Appeals by A Maryland state prisoner sued under § 1983 challenging the lack of notice of prison rules and no prison appeal procedure. He was infracted for possessing contraband, anything not issued by the prison, for having a pair of jeans …
Maryland Son of Sam Statute Violates First Amendment by The Court of Appeals of Maryland vacated the judgment of the Anne Arundel County Circuit Court in an action brought by the state attorney general against a prisoner for allegedly violating the state's Son of Sam' statute. Ronald W. Price was …
Classification Ordered in Maryland Prison to Reduce Rape by A Maryland federal district court ordered prison officials at the Maryland State Penitentiary and the Maryland Reception and Classification Center (MRDCC) to devise an efficient classification system to identify prisoners at risk of rape and to implement procedures to prevent prisoners …
Heroin Withdrawal a Serious Medical Need in Addict's Jail Death by A Maryland federal district court has held that withdrawal from a heroin addiction is a serious medical need. This action was filed by the widow of a pretrial detainee who died two days after being incarcerated at Maryland's Cecil …
Public Sector Employee's § 1983 Equal Protection Claim Allowed Without Pleading Title VII Claim by Public Sector Employee's § 1983 Equal Protection Claim Allowed Without Pleading Title VII Claim The Fourth Circuit Court of Appeals has held a guard's 42 U.S.C. § 1983 action alleging religious discrimination was not barred …
Sheriff's Mass Purchase of Newspapers to Suppress News Unconstitutional. by The Fourth Circuit Court of Appeals held that the mass purchase, on election day, of the St. Mary's Today Newspaper by sheriff's deputies in St. Mary's County, Maryland, to prevent the dissemination of articles they anticipated would be critical of …
Preliminary Screening Required Prior to Double Ceiling by A federal district court in Maryland has held that the failure to have in place procedures to identify special problems with and review the compatibility of cellmates is a constitutional violation of prisoners' rights to have reasonable care exercised to protect them …
Prison Employees Clearing Security Constitutes Paid Work Time by The Maryland Court of Appeals upheld an Administrative Law Judge's decision that the state prison could not force employees to use personal leave time to undergo searches while entering and leaving prison property. Kathleen Palmer and other employees of the Eastern …
Police Immune in Pepper Spraying Death by Police detained the decedent for emergency psychiatric evaluation (he was lying in the road yelling "get it off me"), used pepper spray and placed him restrained and face down in the police car; he was discovered face down in the emergency room, dead. …
Court Upholds Maryland DOC Staff Grooming Rules by The Rastafarian correctional officer was disciplined for wearing dreadlocks contrary to the agency's grooming policy. At 398: "The challenged rules are rationally related to the division's legitimate interests in public safety, discipline and esprit de corps." They allow staff members to be …
Jail/Police Immune for Not Treating Prisoner with Spinal Injury by The plaintiff was a passenger in a car involved in a high speed chase; an officer threw him on the ground while he was handcuffed, causing a permanently disabling spinal injury. He spent three days in jail, where a detention …
