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Article • May 15, 2007
Court Dismisses Dental, Diet and TB Suit by A prior decision collaterally estopped the plaintiff's claim about placement in isolated confinement when she received a positive tuberculosis test. The fact that the prior decision involved a different prison and different defendants did not matter, since the plaintiff was a party …
Retaliatory Transfer, Arm Smashing by Guards, Denial of Care State Claim by The plaintiff complained that an officer intentionally smashed his hand and arm in the food slot in his cell door, and then denied him medical care. He recounted a second incident of the same nature, plus additional incidents …
Article • May 15, 2007
Court Dismisses Kansas Beating Suit by The plaintiff alleged excessive force but did not respond to defendants' summary judgment motion, though he filed a verified complaint with affidavit attached. Defendants' version, not specifically controverted by the plaintiff, is that they used necessary force to subdue an actively resisting prisoner. The …
Five Hour Delay in Treating Beaten Arrestee Okay by The deaf plaintiff alleged that he was arrested because of his disability (i.e., because he didn't sufficiently cooperate with police because he couldn't hear what they were saying). Police investigative activities are "government programs" under the Americans with Disabilities Act, as …
Sheriff Not Liable in Prisoner Attack by The plaintiff alleged that he was assaulted by another prisoner after that prisoner had twice threatened him in the presence of a staff member, who did nothing despite the plaintiff's requests to be moved. The plaintiff alleged that the assailant should have been …
Article • May 15, 2007
Administrative Exhaustion for Kidney Transplant Habeas by Petitioner filed a habeas petition to get a furlough so he could get a kidney transplant. The court dismisses for non-exhaustion without commenting on the fact that this is a habeas proceeding, whether it is a proper habeas proceeding, whether the PLRA should …
No Immunity for Beating Delaware Prisoner by The plaintiff alleged that he did not lock in during an alarm when the signal was given because he was in the shower and didn't hear the signal. He was then beaten by the riot squad, further beaten as he was taken to …
Beating Claim Exhausted When Defendants' Don't Respond by The plaintiff alleged that he was twice assaulted by the Quick Response Team; on neither occasion was he resisting, and on one he was in restraints. The defendants claimed they used necessary force to subdue him. At 458: ". . . [P]laintiff …
Investigators Retaliation Claim Set for Trial by The plaintiff, an internal affairs investigator, received information that excessive force had been used by staff during a riot. His superiors complained about his report and told him to revise it. He revised it twice at their behest. Subsequently, he said, he was …
Article • May 15, 2007
No Federal Claim Where Wife Took Prisoner's Social Security Funds by The plaintiff alleged that the defendant, his daughter, who had his power of attorney, took his social security disability benefits while he was in prison. However, the court lacks jurisdiction over the claim, since the plaintiff cited no statutory …
Article • May 15, 2007
Filed under: Excessive Force, Restraints
Tight Handcuffs State Claim by The plaintiff, who had a pre-existing deformity of his wrist, complained of being handcuffed too tightly and being pulled, kicked, and pushed during an arrest. These allegations would not state a claim absent injury, but the injury need not be significant, and unspecified injuries to …
Article • May 15, 2007
Detention in Underwear Upheld by The plaintiffs, after arrest, were placed in jail cells in their underwear, and their outer clothing was removed in the presence of female officers. This allegedly was to prevent suicide (three of four plaintiffs refused to answer relevant questions), and they retained their underwear only …
Parole Board Can Consider Dismissed Sex Offenders by The plaintiff's sex offense charge had been dismissed as part of a plea bargain, with the parole board forbidden to consider it. Seventeen years later, prison staff classified him as in need of sex offender treatment. He was paroled and then his …
ADA Claim Dismissed for Non Exhaustion by The plaintiff brought an ADA suit against prison staff. He "stated that he had not exhausted his administrative remedies because, when he asked his counselor, one of the defendants, for a grievance form, the counselor told him to get out of his office." …
County and Private Health Company Liable for Retaliatory Firings by The plaintiffs, registered nurses allegedly fired from their jobs at the county jail for criticizing the county's department of mental health, stated a First Amendment claim against various defendants. There is a question of fact whether the private medical provider …
BOP Can Perform Autopsy Over Executed Prisoner's Religious Objection by A federal statute prescribes that federal death sentences be implemented consistently with the law of the state where the sentence was imposed, even if the execution is to take place elsewhere. State procedures take precedence over inconsistent regulations promulgated by …
Article • May 15, 2007
Black Supervisors Liable for Title VII Harassment by Permanent placement in the "bubble," a stressful inmate supervision position that allowed the officer on duty no breaks, and to which no one had previously been assigned permanently, was a sufficiently adverse employment action to support a Title VII claim. The fact …
Article • May 15, 2007
No Habeas Relief for Prisoner Restrained During Criminal Trial by Handcuffing a prisoner during trial did not deny due process because the trial judge did not improperly delegate the decision to restrain to corrections officials, just relied on a corrections sergeant to describe the form of restraint that would be …
Article • May 15, 2007
Hispanic Guard States Discrimination Claim by A Hispanic correction officer's allegation that her white supervisor frequently used racial epithets, frequently glared at her, often dumped trash in her work area, defaced her locker and filled it with trash, made physically inappropriate contact with her (i.e., bumped her hard), refused to …
Article • May 15, 2007
Failure to Protect Claim Fails by The plaintiff complained that, while a detainee, he was housed with a convict of known violent propensities who injured him. At 1078: ". . . [T]he overwhelming weight of persuasive authority holds that unless the state has an intent to punish, or at least …
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