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No Qualified Immunity for Mental Hospital Strip Searches by The individual plaintiff was subjected to a strip and body cavity search on his voluntary admission to a civilian mental hospital pursuant to a standing order applicable specifically to him. Disability Advocates, Inc., a PAMII organization, is also a plaintiff. The …
Article • May 15, 2007
ADEA Claims Must be Properly Exhausted by ADEA claims are within the "scope of the EEOC charge" if they are reasonably related to the charge, i.e. if they are within the scope of the investigation that could reasonably be expected to grow from the original complaint." (527) When the charge …
No Heck Bar to Disciplinary Challenge Not Involving Good Time by The Spanish-speaking plaintiff alleged that he was disciplined for failing to obey an order given in English. The district court dismissed without prejudice the claim against the officer who wrote the disciplinary charge for lack of personal involvement. The …
Challenge to BOP Law Enforcement Notification Law Dismissed by A Bureau of Prisons regulation requiring notice to state and local law enforcement officers of release of persons with current or prior convictions for drug trafficking or crimes of violence does not deny due process. The plaintiff does not have a …
Jail Liable for Guard's Rape of Female Prisoner by The plaintiff was sexually abused by a jail officer on two occasions. The plaintiff denied this conduct when jail administrators investigated based on another prisoner's report. She filed a grievance upon leaving the jail and the officer was suspended and a …
Article • May 15, 2007
Federal Court Reaches Merits of Michigan Disciplinary Habeas by The petitioner challenged a disciplinary proceeding in which he lost good time after exhausting state judicial remedies. Under AEDPA, a federal court in habeas is bound by state court determinations unless they are contrary to or involve an unreasonable application of …
Article • May 15, 2007
Filed under: Civil Procedure, Damages
Only $1.00 in Nominal Damages Despite Multiple Illegal Acts by At 1190: "Typically, a plaintiff who proves a violation of his or her constitutional rights is 'legally entitled to judgment with a mandatory nominal damages award of $1.00 as a symbolic vindication of [his or her] constitutional right.'" (Citation omitted) …
Article • May 15, 2007
Exhaustion is an Affirmative Defense under PLRA by Plaintiff wrote on the complaint form, where it asked whether he had filed a grievance, that he had not because "I did not know what to do." He never responded to defendants' motion to dismiss. The PLRA exhaustion requirement is not jurisdictional …
Article • May 15, 2007
Court Can Raise Exhaustion Issues Sua Sponte by At 490: District courts should enforce the exhaustion requirement sua sponte if not raised by the prisoner. Id.: "Bowman has offered no evidence that he pursued his complaints through all three steps of the grievance process, and it is therefore an undisputed …
Article • May 15, 2007
No One Liable for Prisoner Assault by The plaintiff was beaten by other prisoners, was later taken to the hospital, and was placed in a different housing area on his return. He was later attacked by other inmates in a stairwell while returning from the yard. He had requested to …
Retaliatory Discipline Claims Dismissed, Conditions Claims Remain by The plaintiff's damage claim alleging that officers planted a key which led to a disciplinary proceeding in which he lost good time is barred by Heck v. Humphrey, as is his claim that the hearing itself was defective. In any case, federal …
EEOC Complaint Exhausts Title VII Claim by At 376: While Title VII allows for loose pleadings before the EEOC and a complainant need not list every detail of her alleged discriminatory treatment, a charge of discrimination needs to provide sufficient specifics to afford the EEOC a reasonable opportunity to fulfill …
Article • May 15, 2007
First Amendment Injuries are Irreparable for PI Purposes by At 348-49: To obtain a preliminary injunction a party must demonstrate: (1) that it will be irreparably harmed if an injunction is not granted, and (2) either (a) a likelihood of success on the merits or (b) sufficiently serious questions going …
Article • May 15, 2007
No Total Exhaustion Rule for Michigan District Court by The author of the opinion in Jenkins v. Toombs adheres to his "no total exhaustion" position, with some acerbity, in a case wherein the magistrate judge adopted the "yes total exhaustion" position of a different judge in the same district who …
Article • May 15, 2007
Immigration Detention Class Certified by For numerosity purposes, the court need not know the exact size of the class "so long as general knowledge and common sense indicate that it is large." (408, citation omitted) Where the class includes unnamed, unknown future members, joinder of such unknown individuals is impracticable …
Challenges to Illinois Civil Commitment Treatment Dismissed by The plaintiffs, civilly committed under the state Sexually Dangerous Persons Act before trial, complained that they were held in a wing of a state prison, that their treatment includes self-accusatory features, and that it is conducted on a group rather than an …
Al-Qaida Member Lacks Standing to Challenge Special Administrative Measures by The plaintiff, an al-Qaida member convicted of the terrorist bombing of the American embassy in Kenya, challenged the regulations that authorize surveillance of attorney-client contact. Since no such measures are in effect for him, and since the regulations require notice …
Article • May 15, 2007
NY Police Immune for Taking Disabled Woman to Hospital by Police officers made a warrantless entry to a residence based on a 911 call and found a woman with Down syndrome there alone; they took her to a mental hospital, where she was kept overnight. The police officers were entitled …
Lack of Counsel for NJ Child Support Contempt Cases Upheld by Persons held in civil contempt for failing to comply with child support orders challenged the lack of a right to counsel (appointed for indigent defendants) in such proceedings. The district court properly abstained under Younger v. Harris. The plaintiffs …
No Remedy for Contractor Suit Against Unicor by The plaintiff contractor sued Federal Prison Industries (a/k/a/ Unicor) under the Contract Disputes Act in the Court of Federal Claims. That court lacked jurisdiction because Federal Prison Industries is a "non-appropriated fund instrumentality" for which the United States was not financially answerable …
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