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violated as a consequence of their 'policy or custom'...." The district court denied defendants' motion for dismissal, holding: 1) A contractor providing medical services to a jail is "functionally ...
holding: 1) Fountain had standing to challenge the policy under 42 U.S.C. § 12112(d)(4)(A). The DOCS asserted that since Fountain had "already revealed her disability and requested accommodation ...
Article • May 15, 2007
Filed under: Civil Procedure, Service
appealed the dismissal of their claims against Mapes and the New Mexico Board of Pharmacy. The Tenth Circuit reversed and remanded holding: 1) "When a plaintiff is granted in forma pauperis status ...
the district courts summary judgment of Sahagian's claim for damages, holding: 1) Nominal damages were appropriate since Sahagian had established that his right of access to the courts was violated while he ...
Article • May 15, 2007
, holding: 1) The Turner standard (that a prison regulation is valid only if it is reasonably related to legitimate penological interest) does not apply to attorneys since "they ordinarily do not implicate ...
and remanded, holding: 1) Prosecutors are entitled to absolute immunity when acting within the scope of their authority and in a quasi-judicial capacity. "Quasi-judicial activities are those which ...
attorneys fees and expenses pursuant to 42 U.S.C. § 12205." In reaching the above decision the district court held: 1) An employer's inquiry into an employee's disability falls within the ADA's job-related ...
Article • May 15, 2007
appealed. The Eighth Circuit affirmed, holding: 1) The prison's policy of providing indigent prisoners with one free mailing per week and allowing them to maintain a negative balance on their prisoner ...
Article • May 15, 2007
that his arrest violated his constitutional rights. The district court granted summary judgment to all defendants in December 1999. Specifically, the court held that (1) Morris' claims accrued on the date ...
Article • May 15, 2007
dismissed the complaint with prejudice under 42 U.S.C. § 1915A holding that (1) Pratts' claims against officials in their official capacity was barred by the Eleventh Amendment; (2) he failed to allege ...
, moved to dismiss, "or at least to dismiss the official capacity claims against them." The district court denied in part and granted in part the doctors' motion for dismissal, holding: 1) Bond stated ...
, a prisoner must establish that "(1) the condition complained of is 'sufficiently serious' to implicate constitutional protection, and (2) prison officials acted with deliberate indifference." In the instant ...
actual notice of a claim only if it meets the notice requirement of § 101.101 by giving the entity knowledge of: (1) a death, injury, or property damage, (2) the governmental unit's alleged fault ...
Article • May 15, 2007
court attached the judgment pursuant to the Missouri Incarceration Reimbursement Act (MIRA), Mo. Rev. Stat. §§ 217.827(1)(b) and 217.833 (2000), which allows the state to confiscate up to 90 ...
Article • May 15, 2007
was affirmed on April 15, 2002. On May 1, 2002, Tulio filed a pro se petiton for review of the April 15, 2002, decision seeking "cessation of deductions from his account and reimbursement of money already paid ...
Article • May 15, 2007
ultimately settled for $15,000. It was the lawsuit's only success. Weiss subsequently moved for attorney fees and costs (which by this time amounted to nearly $1 million) pursuant to 42 U.S.C. §1988. Weiss ...
Article • December 15, 2003
shape that forensic accountants had to reconstruct the agency's files before auditors could do their job. To complete the review, it took 46 employees 16,000 hours and cost over $1 million. In my 30 ...
Article • October 15, 2005
23(1)(B) (where multiple suits would create a risk of adjudications which would be dispositive of the interests of other members or would substantially impair or impede their ability to protect ...
the facilities of the department of correction." The defendants appealed. The Connecticut Supreme Court reversed, holding: 1) "A 'facility' subject to the provisions of the patients' bill of rights is defined ...
in the observation cell was turned off. Clark was banging on the door, barking, yelling and unresponsive. No attempt was made to determine if he was receiving psychiatric care. On July 1, 2002, Clark was still ...
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