Skip navigation

Search

40577 results
Page 1466 of 2029. « Previous | 1 2 3 4 ... 1462 1463 1464 1465 1466 1467 1468 1469 1470 ... 2025 2026 2027 2028 2029 | Next »

Article • May 15, 2007
Filed under: Medical, Misdiagnosis, Hepatitis
Eventual HCV Diagnosis Fails to State Claim by The plaintiff complained of pain in his right side, saw doctors, got pain medication, an x-ray, an ultrasound examination, and tests of stool samples. Eventually he was diagnosed with Hepatitis C. The defendants were not deliberately indifferent. See: Davis v. Williamson, 208 …
Article • May 15, 2007
Village Failure to Investigate Police Abuse May Create Liability by The plaintiff alleged abusive conduct by a police office. There had been six prior letters of complaint or criticism of the officer's abuse of civilians. At 479: ". . . [A] reasonable jury could infer from these repeated complaints an …
Article • May 15, 2007
Habeas Required to Challenge Abuse Parole Arrest by The plaintiff's allegations of an abusive and improper arrest by parole officers and an improper parole violation hearing may not be pursued under § 1983 because he is incarcerated after having had his parole revoked. The court does not distinguish finely among …
Article • May 15, 2007
Filed under: Civil Procedure, Complaints
Pro Se Complaints Broadly Construed by At 461: "Where a party appears pro se, the Courts are required to broadly construe that party's pleadings and interpret them 'to raise the strongest argument they suggest.' Graham v. Henderson, 89 F.3d 75, 79 (2nd Cir. 1996)." Factual allegations in an opposition to …
Article • May 15, 2007
Delay in Appealing Grievance Denial Bars Suit by The plaintiff grieved and had 10 days to appeal. He waited a year. The grievance system has discretion to permit late appeals, but they didn't in this case. The plaintiff is barred for non-exhaustion. At 1023-24: . . . [U]nless the prisoner …
Important Application of Qualified Immunity to Supervisory Liability Claims by This is probably the most important opinion the Second Circuit has issued concerning the application of qualified immunity to supervisory liability. Although it is not a prison case, it has significant implications for a largely unrecognized question in prison litigation. …
City Not Liable in Police Shooting by After an unconstitutional warrantless entry into a residence in which a man was fatally shot, his family sued alleging a municipal policy. Custom or policy liability must be supported by "[a]ctual or constructive knowledge of such custom . . . attributable to the …
Article • May 15, 2007
Consent Decree Deadlines Extended Due to Attorney Conduct by In litigation by African-American farmers against the Department of Agriculture alleging racial discrimination in lending practices, a consent decree was entered. After class counsel's failure to meet crucial deadlines, the district court interpreted the decree to allow extension of the deadlines …
ADA Suit by Alcoholic Work Release Residents Dismissed by Residents of a halfway house for alcoholics were disabled for purposes of the disability statutes, since alcoholism is a recognized disability and since the halfway house only admitted persons who inter alia were determined to be unable to abstain without continued …
Alcoholism is a Disability by Alcoholism is an "impairment" under the disability statutes; to be a disability, an impairment must substantially limit one or more major life activities, and the impact must be "permanent or long-term." Major life activities include caring for one's self, performing manual tasks, walking, seeing, hearing, …
Article • May 15, 2007
Administrative Exhaustion Required Despite No Response to Grievance by A plaintiff who merely asserts generally that he has exhausted, not contesting the specific statement of defendants that they have no record of an appeal to the highest level, is subject to dismissal for non-exhaustion. Even though pro se papers are …
Supervisors Not Liable for Retaliatory Assault by The plaintiff alleged that he was assaulted by an officer because he had filed previous lawsuits against other officers at the prison. He brought suit against supervisory defendants and not the officer. The fact of the assault does not establish deliberate indifference on …
Default Denied Where Defendant Ignores Complaint by The plaintiff is not entitled to a default judgment against a defendant who has not answered because he has not exhausted. The court does not explain in its two-sentence reference to this issue why the defendant in question hasn't waived exhaustion, and also …
Article • May 15, 2007
Filed under: Eighth Amendment, Juveniles
Arrestees' Kansas Jail Conditions Suit Dismissed by The five plaintiffs were arrested for planning to shoot up the local school, and spent from 11 to 27 days in jail. Eventually the charges were dismissed after they said they were just kidding. The constitutional standards for pre-trial detention conditions are the …
Article • May 15, 2007
Prisoner's Denial of Court Access for Divorce Defined, Confuses Court by In this case, where en banc rehearing was denied, the three-judge panel produces four separate opinions--a per curiam opinion, two concurrences with contradictory rationales, and one dissent. The plaintiff alleged that he tried to file a divorce petition pro …
Article • May 15, 2007
Firing of Deputy Warden Based on Political Affiliation Upheld by The termination of an assistant warden based on his political affiliation did not violate the First Amendment, given the broad discretionary authority associated with that position. His First Amendment retaliation claim had no merit, since his critical statements were linked …
South Dakota Juvenile Strip Searches Enjoined by Former juvenile detainees challenged the policy of strip-searching all juveniles admitted to the detention center regardless of the nature of their charges or the existence of reasonable suspicion. The policy is unconstitutional. An expert's conclusions that the policies and procedures were "neither unconstitutional …
Article • May 15, 2007
Court Rejects Challenge to West Virginia Parole Denial by In West Virginia, the state Supreme Court says parole is a liberty interest. However, the Fourth Circuit says that only "minimal procedure" is required--at most, a statement of reasons for parole denial. (629) The fact that the petitioner's parole hearing was …
Article • May 15, 2007
Medical Staff Records Subject to Disclosure by The plaintiff alleged that he suffers from a potentially severe psychiatric condition and was subjected to placement in SHU without due process, to deliberate indifference to his medical needs, and to unconstitutional conditions. The plaintiff (who is represented) is entitled to production of …
Article • May 15, 2007
Failure to Exhaust Differs from Failure to State Claim under PLRA by The court rejects the proposition that failure to exhaust administrative remedies is a strike under the PLRA. At 965-66 (footnotes omitted): . . . [T]he PLRA does not use "failure to state a claim" and "failure to exhaust …
Page 1466 of 2029. « Previous | 1 2 3 4 ... 1462 1463 1464 1465 1466 1467 1468 1469 1470 ... 2025 2026 2027 2028 2029 | Next »