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Article • May 15, 2007
No Liability in Jail Prisoner's Medical Neglect Death by The decedent was found unconscious in his cell. Staff attempted mouth-to-mouth resuscitation, and a physician's assistant attempted "full CPR." The decedent was transferred by ambulance to a hospital, where he was pronounced dead. The cause of death was toxic diffuse goiter. …
Article • May 15, 2007
No Immunity in Kansas Jail Suicide by The decedent's mother notified the prison's second-shift supervisor that her son had threatened suicide; he directed a search of the decedent's cell, where a tear-stained suicide note was found. The supervisor ordered him placed on suicide watch and moved to a "hard lockdown" …
Article • May 15, 2007
BOP Proper Defendant in Work Release Change Suit under APA by The plaintiffs are criminal defendants who received judicial recommendations that they serve their sentences in a community corrections center, but were denied such placement pursuant to the Department of Justice's abruptly announced change of policy barring it except for …
Delaware DOC Denial of Medical Diet Suit Proceeds by The plaintiff filed a grievance in September 1998, almost four years before the defendants moved to dismiss for non-exhaustion, and had received no response. There's no futility exception to the PLRA exhaustion requirement. At 602: However, this Court has held that …
Article • May 15, 2007
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 …
After 34 Years, Alabama Complies With Mental Health Order by In what used to be Wyatt v. Stickeney, the Alabama mental health/mental retardation litigation filed in 1970, the court grants a joint motion for a declaration that the defendants have complied with the most recent settlement agreement and to vacate …
Court Denies Jail Staff Motion to Dismiss in Death Suit by The plaintiff sued over the decedent's death in jail. A nurse, a doctor, and a private medical provider moved for a more definitive (sic) statement, asserting that language in the complaint such as "inter alia" and "is not limited …
Article • May 15, 2007
Filed under: Sentencing
Sentence Requiring Defendant to Wear Sign in Public Upheld by The defendant was sentenced (i.e., required as a condition of supervised release) to stand in front of a postal facility for 100 hours wearing a sandwich board reading "I stole mail. This is my punishment." The requirement does not violate …
Article • May 15, 2007
Filed under: Work Release, Sentencing
Resentencing Required After BOP Changes Work Release Rule by The criminal defendant alleged that the district court sentenced him under the belief that he could be placed in a community corrections center, and that if it had known the real state of the law it would have given him a …
Article • May 15, 2007
No Law Library Required When Defendant Has Standby Counsel by The criminal defendant elected to defend himself but contends that he should have had access to a law library. At 1051: . . . [P]retrial detainees are not entitled to law library usage if other available means of access to …
County Liable for Miscalculating Detainees Sentence by The plaintiff was denied credit for time served through a record-keeping error arising from the existence of two indictments for the same criminal act. A county policy allegedly prohibited staff from counting days for the same charge under two different court case numbers …
General Compensatory Damages Upheld by 11th Circuit by A memorandum from the county counsel containing legal advice, but not designated "privileged" or "confidential," was properly admitted into evidence notwithstanding a claim of attorney-client privilege, absent evidence regarding who, if anyone, received it other than its addressees, or what the addressees …
Article • May 15, 2007
IG Complaints Alone Don't Exhaust NY Jail Complaints by The plaintiff sought relief under Rule 60 from dismissal for non-exhaustion on the grounds that newly discovered evidence showed that his allegations had been under investigation by the Inspector General, rendering them non-grievable. The court says this wouldn't excuse him from …
Article • May 15, 2007
Los Angeles Lump Sum Settlement Policy Enjoined by The plaintiff was entitled to a preliminary injunction on her claim that, as to her case, the county's policy of offering only lump sum settlements (i.e., covering damages and attorneys' fees) violated federal law. The Supreme Court's decision in Jeff D. v. …
Change in BOP Work Release Policy Upheld by The Department of Justice's policy stating that prisoners cannot be sent to community corrections centers until the last 10% of their sentences is a reasonable interpretation of the statute; the abrupt change in policy was exempt from the notice and comment requirement …
Article • May 15, 2007
Court Orders New Trial on Damages Only in Excessive Force Case by A jury found for the plaintiff in an excessive force case but awarded only nominal damages. The court says there is no reasonable basis for the nominal award, and grants a new trial limited to damages. The undisputed …
Article • May 15, 2007
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 …
Disabled Prisoner's Handcuffing Suit Proceeds to trial Under RA by The plaintiff alleged that he was injured when prison staff ignored an order to handcuff him in front because of a medical problem with his shoulder, which he said resulted in dislocation of his shoulder. The plaintiff alleged a violation …
Suit by Mentally Ill NY Jail Prisoners Dismissed by Several plaintiffs alleged that they were subjected to over-medication with psychotropic drugs and denial of timely psychiatric care, timely prescription drug administration, adequate staffing of observation holding cells, adequate therapeutic psychiatric care, and discharge planning and treatment plans. The plaintiffs do …
Article • May 15, 2007
BOP Work Release Injunction Vacated as Moot by The plaintiff was notified he would be transferred out of a community corrections center pursuant to the Department of Justice's abruptly announced policy change prohibiting assignment to such facilities except for the last 10% of a prisoner's sentence. He obtained a preliminary …
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