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Article • May 15, 2007
No Protective Order for Municipal Financial Records by In a suit against a former municipal official against the municipality, the municipality failed to justify the request for a protective order for certain financial records. At 304: "The routinely maintained financial records of a municipality . . . are presumptively open …
Article • May 15, 2007
Lawyers Must be Allowed Access to Indigent Interrogatees by The following decision was stayed, appeal was expedited, and the decision was promptly reversed on the merits in a highly instructive opinion by Judge Easterbrook. 319 F.3d 967 (7th Cir. 2003). Chicago has a legal aid agency created specifically to provide …
Biased Hearing Officer Spoils Changes against Muslim Prisoner Who Circulates Petition by Biased Hearing Officer Spoils Changes against Muslim Prisoner Who Circulates Petition The plaintiff prepared a petition alleging abusive conduct by a correction officer. He was subsequently disciplined after searches of his cell and work area turned up articles …
Article • May 15, 2007
Denial of Feet Treatment, Paralegal Education, Visiting Suit Dismissed by The plaintiff's allegation of denial of treatment for "fallen arches" and "flat feet" do not "suggest a serious medical condition," so his claim is dismissed. The court cites no authority whatsoever for this medical judgment. The denial to plaintiff of …
Article • May 15, 2007
Filed under: Police, False Arrest
Imprisonment Precludes Prisoner's False Arrest Suit by The plaintiff, detained in jail without bail on drug and weapons offenses, was arrested for assaulting another prisoner. The grand jury refused to indict. The plaintiff sued for false arrest. At 283: "Since plaintiff would have been in custody anyway, he cannot state …
ADA Requires Exhaustion of Employee Claims by At 181: ". . . [T]he purpose of the administrative exhaustion requirement of the ADA is to provide notice to Defendant of an employee's claims. . . . Thus, the general rule is that the Complaint must be limited to the events identified …
CCA Employees Can Be Sued Under Bivens For Retaliation, Court Access Issues by Individual employees of a private prison corporation contracting with the federal government may be sued under Bivens. The holding of Malesko that Bivens does not authorize suit against corporations contracting with federal agencies does not extend to …
Failure to Treat Mental Illness Not Actionable in NY Case by The plaintiff, suffering from bi-polar disorder, experienced repeated manic episodes resulting in misbehavior that increased his SHU time as well as subjecting him to unpleasant confrontations and treatment. At 296: "Because Plaintiff has not submitted any verifiable evidence indicating …
Article • May 15, 2007
Filed under: Juveniles
Juvenile Curfew Law Struck Down by The court invalidates a juvenile curfew ordinance insofar as it barred juveniles from being on the streets with parental consent. The court applies intermediate scrutiny to the claim. At 175: "Intermediate scrutiny typically is used to review laws that employ quasi-suspect classifications, . . …
Article • May 15, 2007
Filed under: PLRA, Filing Fees (PLRA)
Trial Court Abuses Discretion in Dismissed Suit over Filing Fee Payment by The plaintiff neither signed an authorization form authorizing deduction of filing fees from his account nor withdrew the action within the 20 days allowed; the court dismissed without prejudice. The order is appealable even though dismissals with prejudice …
Article • May 15, 2007
Preliminary Injunction Denied in Virginia Lethal Injection Challenge by The plaintiff sought a preliminary injunction in the form of a stay of execution based on his claim that the means by which he was to be executed violated the Eighth Amendment. Virginia law lets the condemned person choose the method, …
Article • May 15, 2007
Court Rejects Mental Patient's Toilet Deprivation Suit by The plaintiff, an involuntarily committed psychiatric patient, urinated on himself when an aide did not let him go the bathroom immediately. His claim is adjudicated under the Eighth Amendment, even though it is inapplicable to mental patients, because neither party questioned its …
Article • May 15, 2007
Strip Search of Juvenile Prisoner Upheld by The plaintiff, a 16-year-old girl, was sent to a state-approved private facility for juvenile offenders, where she admittedly used more drugs; she and others were observed "acting strangely" and staff told a passing police officer, who stopped in "to assess the situation." They …
Article • May 15, 2007
Rhode Island Guard Pay Reduction Law Upheld by The legislature amended a statute changing the method for compensating officers who earned education credits from a percentage of their salary to a flat rate. This action did not violate the Contract Clause, since the statute did not make it "unmistakably clear" …
Article • May 15, 2007
No Media Filming of Missouri Execution Allowed by Two Reverends and the New Life Evangelistic Center challenged the prison system's ban on cameras and tape recorders at executions. The case is not mooted by the completion of the execution the plaintiffs wanted to videotape. The case falls squarely within the …
Psychotropic Medication Claim Requires Expert Testimony by The plaintiff alleged that the defendant contract psychiatrist subjected him to unnecessary psychotropic medications in excessively high doses. The plaintiff failed to show he had a serious medical need; such a claim "must be supported by medical evidence, such as a physician's diagnosis, …
Article • May 15, 2007
Court Upholds North Dakota Prisoner's Forced Drugging by The plaintiff was involuntarily administered psychotropic medications, after a hearing, based on his uncontrolled assaultive behavior and his evident paranoia and its consequences. At 1054-55: A competent adult has the right to refuse medical treatment. . . . Courts have based this …
Article • May 15, 2007
Florida Lethal Injection Challenge Rejected by The plaintiff's § 1983 challenge to execution by lethal injection is the functional equivalent of a habeas corpus petition--in this case, a successive one, for which the plaintiff had not obtained permission from the Court of Appeals. The grant of certiorari in Nelson v. …
Class Certification Denied in Delay of Probable Cause Hearings Suit by The plaintiffs (196 of them) sought to represent a class of persons arrested without prior probable cause determinations challenging failure to provide timely probable cause hearings. The Supreme Court has said that generally, probable cause hearings should occur within …
Article • May 15, 2007
Expert Witness Qualifications Discussed by Defendants' unilateral cancellation of an expert deposition, based on plaintiffs' having moved to preclude the witness's testimony and strike his report, was improper, and the defendants are directed to make the witness available at the plaintiffs' convenience. This witness's designation as an expert does not …
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