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Article • May 15, 2007
No Qualified Immunity Despite Lack of Case Law for False Arrest by A motel guest parked his large truck in front of his room, which the management did not approve of, and refused to move it. The manager called a deputy sheriff who, when the guest did not answer his …
Article • May 15, 2007
Cop Suing Under Title VII for Discrimination Entitled to Discovery by A police officer who sued under Title VII alleging racial discrimination was entitled to documentary discovery for a period of three years, "which this Court deems is more than enough time to prove her point." A study of racial …
Article • May 15, 2007
Lack of Indigent Defense in Oregon Suit Dismissed As Moot by Oregon had a budget crisis, so inter alia it suspended criminal proceedings against indigents and did not provide counsel for them. The district court abstained under Younger, and the court now dismisses as moot because the courts are back …
Article • May 15, 2007
Size Only One Factor in Class Certification by Plaintiffs seeking class certification need not prove the exact size of the class, just that it is so numerous that joinder "would be difficult or inconvenient." (122) Id.: Factors in determining impracticality of joinder include: judicial economy achieved from the avoidance of …
Article • May 15, 2007
Guard Union Suit Over Staffing, Overcrowding Dismissed by The plaintiff correction officers' union alleged that staffing reductions increased the likelihood of assaults on staff, depriving them of their right to safe working conditions. The D.C. Jail, the population of which was limited to 1674 by court order, has risen as …
No Municipal Liability for Police Neck Breaking by A police officer broke the plaintiff's neck. The absence of specific directions about neck holds in the county's policy manual did not establish a policy of deliberate indifference. A single manual can't cover every possible police maneuver. The manual tells officers to …
Lack of Investigations of Police Misconduct Make City Liable by The plaintiff's claim of municipal liability for excessive force is supported by evidence (at 199) that Hartford does not take civilian complaints of excessive force seriously, as shown by a pattern of allowing complaints to molder and gray without adequate …
Article • May 15, 2007
Legislation Supplies Notice On Its Own by At 1181-82: Whether an affected party is entitled to individual notice and a pre-deprivation hearing depends upon the character of the action. When the action is purely legislative, the statute satisfies due process if the enacting body provides public notice and open hearings. …
Article • May 15, 2007
Dividing Muslim Services into Groups Upheld by The plaintiff complained that Muslim services were divided into two groups. The policy satisfies the Turner standard, since it is based on the number of prisoners who wish to attend the services and security requirements for separating certain prisoners. Assuming the plaintiff is …
Article • May 15, 2007
PLRA Doesn't Apply to Immigration Habeas Petition by A Cuban Petitioner in INS custody challenged his seemingly indefinite detention. At 810 (footnote omitted): Under the Prison Litigation Reform Act of 1995 (PLRA), 28 U.S.C. § 1915, it is unclear how habeas petitioners establish a right to proceed in forma pauperis …
Police Liable for Hob Tying Death of Arrestee by The decedent was arrested after a high-speed chase and after he tried to flee on foot. He was then sprayed with pepper spray and hog-tied (ankles tied to wrists) and died of positional asphyxia. The municipality did not have a written …
Article • May 15, 2007
Change in BOP Work Release Policy Warrants New Sentence by The criminal defendant was sentenced for securities forgery to 12 months imprisonment with a recommendation to serve it in a Community Corrections Center (halfway house). The court relied on the Bureau of Prisons' representation that it would honor that recommendation, …
Article • May 15, 2007
Filed under: Mental Health, Suicides
Michigan Jail Not Liable for Suicide by The decedent was admitted to jail drunk and hanged himself with a telephone cord within two hours. To recover, the plaintiff must show (1) that he demonstrated a strong likelihood of taking his life, and (2) that defendants acted with deliberate indifference to …
Article • May 15, 2007
Indiana Prisoner Raped By Staff Ordered to Amend Complaint by Since Indiana has a tort claims act, plaintiff's allegation that defendants took a watch from him does not state a due process claim. At 972: "Denying an inmate nutritious food may constitute an Eighth Amendment violation, but conditions that would …
Article • May 15, 2007
Kicking Suspect for Drugs Illegal by The court finds factual issues barring summary judgment with respect to the plaintiff's complaint of excessive force during arrest, and finds the defendant officers not entitled to qualified immunity with respect to kicking him for 53 seconds as he lay on the ground. At …
Article • May 15, 2007
Defendant Denial Reinforces Need for Injunction by Actions for statutory injunctions need not meet the traditional equity requirements for injunctive relief. Once a violation is shown, the moving party need show only that there is some reasonable likelihood of future violations. Past misconduct is highly suggestive of the likelihood of …
Article • May 15, 2007
No Qualified Immunity for Suicide of Utah Prisoner by The police captain who arrested the decedent was told by several people that he was a suicide risk; he said he had contemplated suicide but decided against it; the captain said he concluded the decedent was not a suicide risk. However, …
Article • May 15, 2007
No Opportunity to Earn Good Time Claim Dismissed by The plaintiff challenged a disciplinary proceeding. The sanctions of six weeks' loss of visiting, transfer to a higher security prison, and loss of his position as Minority Camp Co-Chairman with its accompanying opportunity to earn good time, did not amount to …
Article • May 15, 2007
Continuing Rehabilitation Act Claims Require Exhaustion by Plaintiffs whose administrative claims were not timely with respect to the discrete acts of which they complained cannot sue under the Rehabilitation Act based on the continuing violations doctrine merely because the challenged policy continues in effect. The Supreme Court held in National …
BOP Work Release Policy Preliminary Enjoined by The Bureau of Prisons abruptly changed its policy of allowing prisoners to serve part or all of their time at Community Corrections Centers on judges' recommendations declaring the former policy illegal and applied the change to persons already sentenced. The court has inherent …
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