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No Heightened Pleading Standard in Municipal Liability Cases by The U.S. Supreme Court held that there is no heightened pleading standard" in §1983 actions alleging municipal liability. Petitioners, Texas homeowners, brought a §1983 action against a County, two municipal corporations and local officials acting in their official capacity alleging Fourth …
Article • May 15, 2007
Notice Required When Converting Dismissal Motion into Summary Judgment by The United States Court of Appeals for the Third Circuit ruled that district courts must properly notice parties of their intent to convert motions to dismiss into motions for summary judgment. Four former Montgomery County, PA employees filed separate civil …
Article • May 15, 2007
Notice Required When Motion to Dismiss Treated as Motion for Summary Judgment by Notice Required When Motion to Dismiss Treated as Motion for Summary Judgment The Eighth Circuit Court of Appeals held a district court must give notice to a party of its intent to treat a motion to dismiss …
Nude Photo Publication Rejection by Florida Jail Upheld by The Eleventh Circuit Court of Appeals has affirmed a Florida District Court's grant of summary judgment to officials at the Palm Beach County Detention Center in a prisoner's suit alleging the officials unconstitutionally deprived him of access to various publications. The …
Article • May 15, 2007
Special Condition of Registering with State Sex Offender Agency Mandatory for Federal Sex Offender by Special Condition of Registering with State Sex Offender Agency Mandatory for Federal Sex Offender The Eleventh Circuit Court of Appeals held a district court properly imposed a special condition of supervised release that required a …
State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency by State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency The Eleventh Circuit Court of Appeals held that a state prisoner sentenced to death is not entitled to the appointment of federally funded …
Article • May 15, 2007
State Death Sentenced Prisoner Not Entitled to Federally Funded Counsel in State Clemency Proceeding by State Death Sentenced Prisoner Not Entitled to Federally Funded Counsel in State Clemency Proceeding The Tenth Circuit Court of Appeals held a state prisoner is not entitled to federally appointed and funded counsel in a …
Suit Against CCA Dismissed For Failure to Exhaust Administrative Remedies by In this civil rights action brought by two prisoners against Corrections Corporation of America (CCA) and several CCA employees, the U.S. Tenth Circuit Court of Appeals held the prisoners had not exhausted their administrative remedies as required by the …
Tennessee: Fine Imposed on Prisoner for Refusing Drug Test Reversed by In this strongly-worded opinion decrying the state attorney general's litigation practices, the Tennessee Court of Appeals held that a prisoner's petition challenging the imposition of a fine for refusing to take a drug test stated a claim. On October …
Tennessee Prisoner in Private Prison Not "Inmate" by Statutory Definition by Tennessee Prisoner in Private Prison Not "Inmate" by Statutory Definition The Tennessee Court of Appeals held that because a state prisoner housed at a privately operated prison was not an "inmate" within the statutory definition, he was not required …
Article • May 15, 2007
Tennessee Prisoner Not Responsible for Failure to Prosecute by On May 27, 2003, the Tennessee Court of Appeals reversed an order dismissing for failure to prosecute a prisoner's pro se lawsuit against the state. State prisoner Russell Wellington claimed that while imprisoned at the Riverbend Maximum Security Correctional Facility he …
Article • May 15, 2007
U.S. Supreme Court Holds There Is No Interlocutory Appeal on Municipal Liability by U.S. Supreme Court Holds There Is No Interlocutory Appeal on Municipal Liability The U.S. Supreme Court held that municipalities are not entitled qualified immunity from suit, and that appellate courts do not have authority to review unrelated …
Summary Judgment Against Fired Wackenhut Employee Reversed by The U.S. Ninth Circuit Court of Appeals, reversing a California federal district court, held that a suspended Wackenhut Corrections Corporation (WCC) employee stated a claim for retaliation and that WCC should not have prevailed on summary judgment. WCC employee John P. Elliott, …
Article • May 15, 2007
Summary Judgment Denied to Doctor Who Failed to Act Promptly by The U.S. District Court for the Eastern District of Michigan granted summary judgment to a prison warden and deputy warden but denied it in part to a prison doctor in a medical deliberate indifference claim. Alfred Scicluna was convicted …
Article • May 15, 2007
Warrantless Search by Probation Officer Constitutional by The U.S. Supreme Court held that a warrantless search of a probationer's house by probation officers did not violate the Fourth Amendment. Petitioner, a Wisconsin probationer, was charged with felony possession of a firearm by a felon after probation officers, acting on a …
Article • May 15, 2007
Washington Appeals Court Reverses DNA Sample Requirement for Attempted Crime by Washington Appeals Court Reverses DNA Sample Requirement for Attempted Crime On November 29, 2004, the Washington Court of Appeals, Division I, held that unless specifically noted under a state law requiring the submission of DNA samples for certain crimes, …
U.S. Supreme Court Resolves Split Over Heck v. Humphrey, §1983 by U.S. Supreme Court Resolves Split Over Heck v. Humphrey, §1983 On February 25, 2004, the U.S. Supreme Court, in a per curiam decision, resolved a split among U.S. Circuit Courts of Appeal regarding the applicability of Heck v. Humphrey, …
Article • May 15, 2007
Florida Public Records Exemption must be Stated with Specifity; Costs Awarded for Unlawful Refusal to Comply by Florida Public Records Exemption must be Stated with Specifity; Costs Awarded for Unlawful Refusal to Comply Florida's First District Court of Appeal has held that a petition for writ of mandamus is the …
Article • May 15, 2007
Florida Public Records Law Provides No Exemption of Photographs that Fail to Identify Sexual Assault Victim by Florida Public Records Law Provides No Exemption of Photographs that Fail to Identify Sexual Assault Victim The First District Court of Appeal has held that photographs of a sexual assault victim that do …
Supreme Court Defines Federal Officials Immunity for State Tort Violations by The U.S. Supreme Court has held that federal officials are entitled to absolute immunity from state-law tort actions only when the federal official's conduct is within the scope of their official duties and the conduct is discretionary in nature. …
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