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Article • May 15, 2007
Mistake of Law Excuses Lack of Administrative Exhaustion by At 486: "The issue is whether justifiable circumstances may sometimes excuse a prisoner's failure to exhaust administrative remedies when challenging conditions of confinement. We conclude that exhaustion may sometimes be excused and should be excused in this case." The plaintiff did …
Article • May 15, 2007
Filed under: Medical, Skeletal Injury
Back Injury Misdiagnosis Okay by The plaintiff said that his back pain was attributed to muscle spasms but a later MRI revealed he had a herniated disc. At most, this is a disagreement over the appropriate medical care, and a specialist who did find the herniated disc recommended "conservative therapy …
Article • May 15, 2007
Informal Grievance Exhaustion Satisfies PLRA by The plaintiff did not use the grievance system but informally exhausted her administrative remedies with respect to an incident in the Nassau County Jail. The plaintiff informed the Sheriff's Department's Internal Affairs unit and the DA's office, triggering an investigation by the Sheriff's Bureau …
Article • May 15, 2007
Attorney Fees Available for Nursing Home Settlement Monitoring by Buckhannon does not control the compensability of post-judgment monitoring efforts in this case, since the settlement itself provides for monitoring. The plaintiffs' counsel's obligation to protect the interests of the class did not evaporate when the settlement was reached. The court …
Denial of Disciplinary Witnesses Upheld by At 639: Where an inmate's federal claims arise directly out of a disciplinary or administrative segregation hearing . . . (e.g., a claim of denial of procedural due process), "he exhausts his administrative remedies by presenting his objections in the administrative appeals process, not …
Article • May 15, 2007
No Liability For Pennsylvania Prisoner Held Six Months Past Release Date by The plaintiff complained that he was detained for six months beyond his maximum release date. His Eighth Amendment claim fails because he does not show deliberate indifference; the defendant in the prison got to work on the problem …
Article • May 15, 2007
No Qualified Immunity for Holding WI Prisoner Past Release Date by The plaintiff alleged that he was held 65 days beyond his release date as a result of a miscalculation, despite his advising the defendants of their mistake and requesting that they correct it. At 720: Incarcerating a prisoner beyond …
Article • May 15, 2007
Delousing Shampoo Process Upheld by A Johnson County, Indiana, jail policy requiring incoming inmates to use a delousing shampoo did not violate their due process right to be free from unwanted medical treatment. The court assumes without deciding that use of the shampoo constitutes medical treatment and says that the …
Article • May 15, 2007
No Right to Wrongful Release Time Credit by A state prisoner who was erroneously released and, when returned to prison, was not credited with the time spent out of prison, was not denied substantive due process. See: Sanchez v. Warden, New Hampshire State Prison, 329 F.Supp.2d 200 (D.N.H. 2004).
Numerous Evidentiary Rulings in Illinois Police Abuse Suit by The plaintiff sued for excessive force in his arrest, assault, and battery. The court denies the plaintiff's motion in limine to exclude his three prior felony convictions; he cites no cases in support of his argument, and "such convictions are routinely …
Article • May 15, 2007
No Right to Prompt Return to State Prison by The plaintiff was held as a federal detainee at the Westchester County Jail for eight and a half months after the completion of all federal proceedings, rather than being returned to state prison whence he had come and where he was …
Article • May 15, 2007
Injunction Issued in Church Sleeping Space for Homeless by Violations of First Amendment rights are considered irreparable injury for purposes of a preliminary injunction. In Free Exercise Clause cases, courts are not permitted to inquire into the centrality of a professed belief to the adherent's religion or to question its …
Police Racial Discrimination Class Action Certified by Latino and African-American police officers and the Latino officers' organization alleged racial discrimination in the internal disciplinary process. The court certifies the injunctive claims under Rule 23(b)(2) as to liability only. Given that the claim is racial discrimination, a class consisting of all …
Jail/Police Immune for Not Treating Prisoner with Spinal Injury by The plaintiff was a passenger in a car involved in a high speed chase; an officer threw him on the ground while he was handcuffed, causing a permanently disabling spinal injury. He spent three days in jail, where a detention …
Article • May 15, 2007
Pre Forfeiture Seizure of DUI Vehicles Illegal by New York City's provision for seizure of motor vehicles of those accused of DWI pending forfeiture proceedings denies due process. (Arrests for misdemeanor DWI are not supported by an independent determination of probable cause.) At 43: "A car or truck is often …
Article • May 15, 2007
Second Circuit Skirts Qualified Immunity Analysis by The Second Circuit Qualified Immunity tap dance resumes in this case. The court "ordinarily" begins by determining whether a constitutional right was violated, then decides whether the right was clearly established. But (166) "where we normally apply this two-step test, where we are …
Article • May 15, 2007
Mailbox Rule Only Applies to Use of Prison Mail System by A pro se prisoner's notice of appeal is deemed filed when the prisoner delivers it to prison authorities for forwarding. This prisoner asked his sister to mail the notice, so he was not entitled to the benefit of this …
Article • May 15, 2007
No Supervisory Liability for Ignoring Back Pain Complaint Letter by The plaintiff alleged that he had serious back pain over a period of time that was not adequately treated. Defendants do not dispute that this is an objectively serious injury, and prior decisions support that conclusion. However, plaintiff has not …
Article • May 15, 2007
Child Visitors Clothing Removal Upheld by The plaintiff, suing as next friend of her eight-year-old granddaughter, visited the plaintiff's son in an Arkansas state prison; the child set off the metal detector, and everyone agreed the reason was probably her metal overall buttons. She was told that to visit she …
No Immunity for Cop Who Shot Arrestee in Holding Cell by The plaintiff was arrested for DWI; while in a police holding cell, an officer shot him in the abdomen under disputed circumstances. The Fourteenth Amendment use of force standard is governed by the factors set out in Johnson v. …
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