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Article • May 15, 2007
Involuntary Drugging of Criminal Defendant Upheld by The plaintiff was administered a powerful combination of drugs by jail medical personnel for various medical problems without informed consent. However, she took the medication voluntarily, so the rule of Riggins v. Nevada barring involuntary medication to render a prisoner competent has no …
Article • May 15, 2007
Court Orders Leg Shackled for Criminal Defendant by The court makes findings of fact memorializing its decision to require the plaintiff to be leg- shackled during his jury trial. He had a history of one escape, significant mental disability, and numerous disciplinary charges. The court relied in part on the …
Article • May 15, 2007
Denial of Colostomy Surgery Due to Cost is a Serious Medical Need by The plaintiff was supposed to have a colostomy closed; the surgery was delayed from October 1994 until January (after the plaintiff's release) with the treating doctor's concurrence. The plaintiff began having bleeding and pain at the site. …
Article • May 15, 2007
Filed under: Private Prisons, CMS
Reporter Sues CMS for Defamation by An investigative reporter published an article critical of the defendants; they responded; the plaintiff sued them for defamation and interference in his business interests. Their statement that he employed objectionable newsgathering techniques was not defamatory per se; nor was the statement that reporters may …
Article • May 15, 2007
Filed under: Civil Procedure, Venue
Plaintiff Entitled to Choose Venue for Suit by The plaintiff sued some defendants in the Middle District of Louisiana and more defendants in the Western District of Louisiana. The magistrate judge transferred the claims against the Western District defendants to that district. Wrong. Venue is assessed for the entire case; …
Article • May 15, 2007
PLRA Filing Fees Prioritized on Prisoner Debt List by The plaintiff couldn't pay the initial filing fee because his money was taken for restitution, victim witness surcharge, and medical co-pay. The statute says that the initial fee is to be collected when funds "exist." Prison officials are therefore required to …
Article • May 15, 2007
NY Jail Finger Injury Suit Dismissed by The plaintiff had a medical care problem at a City jail. At 308: "New York State [sic] has procedures for filing grievances in each of its correctional facilities." The claim is dismissed for non-exhaustion. A bleeding finger is not a serious medical need. …
Article • May 15, 2007
Filing Fee Refund Period Discussed by The plaintiff voluntarily discontinued his appeal and sought the return of his filing fee. At 79: "We write to clarify that the six month period to which 28 U.S.C. § 1915(b)(1) and Leonard v. Lacy, 88 F.3d 181, 186-88 (2d Cir.1996), refer is the …
Article • May 15, 2007
Filed under: Searches, Police Searches
Single Wrongful Police Search Enough to Assert Policy by The plaintiff was walking on the street and a police officer asked for her identification; she explained she didn't have it because she had left her wallet at the grocery store; the officer forcibly took her into custody and searched her. …
Article • May 15, 2007
Second Circuit Explains Interlocutory Class Certification Appeals by At 139: . . . [W]e hold that petitioners seeking leave to appeal [a class certification decision] pursuant to Rule 23(f) must demonstrate either (1) that the certification order will effectively terminate the litigation and there has been a substantial showing that …
Qualified Immunity for Prison Psychiatrist Who Fails to Protect Prisoner by The plaintiff told a prison psychologist that he thought he was at risk of attack, and she did nothing, concluding that it was all in his head (i.e., he was reliving past trauma). Also, in subsequent sessions, he indicated …
Article • May 15, 2007
Private Contractors Bound by State Consent Decree by A consent decree between Medicaid patients and the state is binding as a matter of due process upon HMO's who were agents of the state and contracted with it, where their contracts acknowledged that additional appeal process guidelines might be developed and …
Article • May 15, 2007
Slip and Fall Injury Claim Dismissed by The plaintiff slipped and fell while trying to repair a roof leak. He complained that some aspects of his treatment were delayed and he never got a barium study and a sigmoidoscopy. This complaint amounted only to a difference of opinion about treatment …
Article • May 15, 2007
PLRA Filing Fees Don't Apply to Immigration Detainees by At 885-86: . . . [T]he filing fee provisions of the PLRA, . . .do not apply to an alien detainee who proceeds in forma pauperis to petition for review from a BIA decision, so long as he does not also …
Article • May 15, 2007
D.C. Limitations Tolled for First Incarcertation by The statute of limitations may be tolled when the complainant is imprisoned at the time the right of action accrues, but if the complainant is subsequently released, the statute of limitations begins running immediately and is not again tolled if the plaintiff is …
Article • May 15, 2007
Limits on Free Legal Supplies in Virginia Upheld by The plaintiff said prison officials did not provide him enough legal supplies and asked for a preliminary injunction. At 671-72: "The mere fact that he has chosen to pursue four lawsuits at one time does not require prison officials to alter …
Article • May 15, 2007
Nashville Jail Crowding Injunction Terminated by A judgment limiting jail overcrowding is terminated based on uncontested testimony from Don Stoughton that conditions meet Eighth Amendment standards. (Yes, the expert opined on the ultimate issue.) The court goes on to say that nobody asked that the prohibition on putting prisoners in …
No Contempt for KS Jail Sheriff by A consent judgment in a jail conditions case was entered in 1987; the jail was replaced in 1989; the new jail was found to be operating in violation of the consent decree in 1992. After further proceedings a final judgment was entered creating …
Article • May 15, 2007
Jail Official Gets Immunity for Delaying Prisone'rs Release for One Day by Jail Official Gets Immunity for Delaying Prisoner's Release for One Day A county prison official was entitled to qualified immunity for delaying the plaintiff's release for a day based on an alleged warrant from Massachusetts that she had …
Article • May 15, 2007
Fact Questions Over Exhaustion Preclude Dismissal by The plaintiff said there was no prison grievance procedure; the defendants attached parts of an inmate handbook describing such a procedure (with a 6-day time limit). The plaintiff said that he filed three grievances as prescribed and never received a response. These claims …
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