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Article • May 15, 2007
Forbidding Prison Nurse From Leaving Work States False Imprisonment by The plaintiff prison nurse alleged that, while suffering from a severe bout of poison ivy and trying to leave for medical treatment, she was "held hostage" by her supervisor and prevented from leaving the premises. The supervisor, by instructing an …
Article • May 15, 2007
Exhaustion May Not Be Available Due to Transfer After Assault by The court declines to dismiss for non-exhaustion. Although the claim arises from an inmate assault, a constitutional tort, it alleges failure to train and adequately to supervise staff and to staff control posts, so it's a prison conditions case. …
Article • May 15, 2007
$685,002 Verdict For Family of Child Killed with Police Radio by This is the case of the kid who fled the police on a bicycle and died after a police officer hit him in the head with his radio. A jury awarded his mother $605,001 for use of force resulting …
Article • May 15, 2007
Report Not Admissible in TN Jail Suicide Suit by The decedent hanged himself in jail. The Sheriff said to the press that a sergeant saw him put the sheet around his neck, and the court earlier said that "this evidence, if proven" could support a deliberate indifference claim. However, the …
Article • May 15, 2007
Student Strip Search Upheld Due To Vulgar Leaflet by Student Strip Search Upheld Due To Vulgar Leaflet Strip searches of arrestees must be supported by reasonable suspicion of weapons or contraband. There was reasonable cause to strip search a high school student who was arrested after helping create and circulate …
Hearing Officer Not Required to Identify Favorable Witnesses by The plaintiff alleged that the tape of his disciplinary hearing was tampered with to obfuscate a favorable answer from a witness. Since no tape is required by due process, and the plaintiff got the written statement setting forth the reasons for …
Article • May 15, 2007
Filed under: Sentencing, Parole
Court Upholds Denial of Jail Credit to Parole Violator by The plaintiff, who was released on parole and returned to prison on a parole violation and then on new criminal charges arising from the same conduct, had 70 days added to his sentence by prison authorities based on their view …
Article • May 15, 2007
Ex Post Facto Parole Claim Can Be Brought Under § 1983 by The plaintiff challenged the retroactive application of new parole eligibility regulations under the Ex Post Facto Clause. That claim is not barred by Heck and Balisok since a challenge to eligibility rules does not "necessarily imply" the invalidity …
Article • May 15, 2007
Censorship of Music Tape Upheld by The plaintiff ordered a music cassette tape which was then denied to her on the ground that it was a security risk. The court affirms the district court's summary judgment for defendants on First Amendment and due process theories without describing the controversy further, …
Wrongful Arrest Claim Supports Municipal Liability by The plaintiff alleged that he was arrested without probable cause and subjected to excessive force by the police. He was held for 12 days, despite his protestations that the warrant on which he was held was for his twin brother. After he was …
Article • May 15, 2007
Adequate Expert Reports Can Be Compelled by The remedy for an inadequate expert report is to seek an order compelling an adequate one. Exclusion of the expert report or testimony as a sanction is available only when the failure to provide an adequate report is in violation of an order …
IFRP Claim Not Exhausted by The plaintiff alleged he was placed on "refusal status" for declining to pay more to the Inmate Financial Responsibility Program. The plaintiff failed to exhaust his administrative remedies. He said he repeatedly asked for the necessary grievance form and did not get it because inter …
Article • May 15, 2007
Filed under: Family, Family Law
Policy of Separating Domestic Violence Victims from Kids Enjoined by The court sets out the terms of a preliminary injunction prohibiting the Administration for Children's Services from separating mothers who were not otherwise unfit from children on the ground that as victims of domestic violence they had "engaged in" violence. …
Article • May 15, 2007
Grievance and Harassment Complaint Must be Filed to Exhaust by The plaintiff did not file a grievance; instead, he wrote to the Superintendent and contacted the Inspector General. At 397: "Prison officials are entitled to require strict compliance with an existing grievance procedure." Hemphill v. New York, 198 F.Supp.2d 546, …
Article • May 15, 2007
Filed under: Media, Censorship
Target Shooting Not Protected Free Speech by Plaintiffs challenged a statute that, inter alia, forbade Class A gun clubs--those that made large capacity weapons available to those who don't have licenses to possess them--to "permit shooting at targets that depict human figures, human effigies, human silhouettes or any human images …
Article • May 15, 2007
Class Certified in FL Medicaid Challenge by Actions challenging uniform practices and seeking injunctive relief by their nature deal with common issues of law and fact. Here, defendants argue that plaintiff's due process challenge to Medicaid prescription drug benefit denial procedures doesn't raise common issues because there are many individual …
Grievance Deadlines Bar NY Brutality Suit by The plaintiff's letter to the Superintendent complaining of excessive force, sent five months after the incident, was not a grievance and did not meet the exhaustion requirement. At 549: Prison officials are entitled to require strict compliance with an existing grievance procedure. Plaintiff …
Article • May 15, 2007
Proactive Sheriff Not Liable for Assault in Overcrowded Jail by The two plaintiffs were subjected to serious assaults by other prisoners. While the plaintiffs were subjected to an objectively serious risk, the Sheriff was not deliberately indifferent. He inherited an aged, overcrowded jail but began an aggressive campaign to clean …
Article • May 15, 2007
Fifth Circuit Affirms Dismissal Of Suit For Execution Protocol Absent Stating Alternatives by Texas death row prisoner Donald Aldrich challenged the dismissal of his § 1983 lawsuit alleging Eighth and Fourteenth Amendment violation to the constitutionality of Texas's execution protocol. The district court claimed no issue in which relief could …
Article • May 15, 2007
Abuse of Discretion Applied to PLRA Frivolous Dismissals by Under 28 U.S.C. § 1915A(b)(1), dismissals for factual frivolousness are mandatory rather than discretionary, and dismissal is without prejudice. The statute doesn't say without prejudice, but the implication is clear, since it applies to all prisoner suits, not just IFP suits. …
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