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Firing of Abusive Texas Prison Guards Upheld by The plaintiff correctional officers were fired for misconduct in connection with a use of force. After acquittal in their criminal trials, the prison system refused to restore their jobs. They claimed that the prison system had suppressed exculpatory evidence. Their claims are …
City Liable for Police Beating; Prior Settlements Admissible to Prove Policy by The 17-year-old plaintiff was forcibly arrested and thrown against a van, causing bruises to chest and head, was kneed in the back, and was bruised by excessively tight handcuffs, after engaging in a mock fight witnessed by a …
Article • August 15, 2008
No One Liable for Denial of Medical Care to Houston Jail Asthmatic by The plaintiff was arrested and arrived at the police station having an asthma attack. She asked to see a doctor and was told that the clinic was closed. She said she was not medically screened; the clinic …
Article • August 15, 2008
Filed under: Court Access, Discovery
Court Access Rights Discussed by At 785: "The right of access to the courts arises in a variety of contexts." The right to sue and defend in court is a privilege of citizenship guaranteed by the Constitution. There is a right of court access encompassed within the right to petition …
ADA Requires Employees Exhaust Claims Prior to Filing Suit by Title II of the Americans with Disabilities Act doesn't create a claim for public employees for employment discrimination; it doesn't deal with employment, and Title I, which does, relegates public employees to the administrative scheme with exhaustion requirement of Title …
Article • August 15, 2008
Post Monitoring Fees Allowed in Institutional Reform Suits by At 1344: "In complex institutional litigation that often entails extensive remedial efforts over a long period of time, it is generally accepted that prevailing plaintiffs are entitled to post-judgment fee-and-expense awards for legal services necessary for securing compliance with, and reasonable …
Article • August 15, 2008
Second Circuit Discusses Qualified Immunity Analysis by At 66: "... [T]he initial question in the qualified-immunity inquiry should be whether the complaint sufficiently alleges the violation of a federal right . ..." The court does not mention the decision in Horne v. Coughlin, 178 F.3d 603 (2d Cir. 1999), which …
Article • August 15, 2008
IFRP Not an Improper Delegation of Judicial Authority to BOP by The Bureau of Prisons did not usurp a judicial function by imposing a schedule governing the plaintiff's payment of the criminal fine imposed as part of his sentence. The court did not delegate its function to the Bureau; it …
Article • August 15, 2008
Deposition Objections Discussed by The 1993 amendments to Rule 30, Fed.R.Civ.P., which require objections in depositions to be stated "concisely and in a non-argumentative and non-suggestive manner," were a response in part to speaking and coaching objections like "if you know" and "if you remember." The court condemns plaintiff's attorneys' …
Article • August 15, 2008
Fee Award Against Frivolous Prisoner Litigant Reduced by The court had awarded fees of almost $2900 against the plaintiff after ruling against him on the merits of his claims. The Fourth Circuit reversed and held that the 12 factors listed in Johnson v. Georgia Highway Express must be applied. The …
Claim Exhausted When Prison Rules in Favor of Prisoner by The plaintiff complained of improper discipline and retaliatory reclassification and transfer At 506: "The violation of a constitutionally protected right is a sufficient injury for purposes of standing." The defendants had argued that the plaintiff lacked standing because he didn't …
Article • August 15, 2008
ADA Does Not Allow Individual Liability by Title VII of the Americans with Disabilities Act does not permit individual liability. The court cites the weight of authority, including the Second Circuit, and also analogizes to Title VII. Accord, Corr v. MTA Long Island Bus, 27 F.Supp.2d 259 (E.D.N.Y. 1998). The …
Article • August 15, 2008
PLRA “Three Strikes” Rule Not Ex Post Facto by The PLRA three strikes provision does not violate the prohibition against Ex Post Facto laws (citing prior decision in Rivera v Allin) At 1193: The existence of "imminent danger of serious physical injury" is not to be assessed as of the …
Article • August 15, 2008
PLRA Filing Fees Assessed on Dismissed Appeals by Dismissal of an appeal for untimely filing of a notice of appeal does not release the prisoner from the obligation to pay the appellate filing fee in full. There is no authority for waiver or reduction of the fee. At 596: "The …
Article • August 15, 2008
Resisting Arrest Conviction Does not Bar Beating Suit by A conviction for resisting arrest did not bar a claim for excessive force during arrest under the rule of Heck v. Humphrey, since the lawfulness of the arrest (an element of the criminal offense) need not be negated for the plaintiff …
Beating Claims Must Be Exhausted by The PLRA exhaustion requirement applies to use of force claims The plain meaning of "prison conditions" encompasses such claims ("conditions" defined as "restricting, limiting, or modifying circumstances") However, some courts think there is an ambiguity, so the court looks to Congressional intent In § …
Article • August 15, 2008
Appeal Bond Requirement Upheld by The plaintiff brought a copyright case and was required to post a $3500 bond to appeal the adverse decision. There is no due process right to an appeal or to absolute equality in the appellate process. However, when an appeal is afforded, it cannot be …
Article • August 15, 2008
All Plaintiffs Must Sign Motion to Amend Complaint by A prisoner may be denied leave to amend a complaint before responsive pleadings are filed where co-plaintiffs have not joined in the motion. The plaintiff said that he relied on an order by the district court barring the other plaintiffs from …
Supervisory Officials Liable for Denial of Religious Services by The plaintiff complained that inmates in a particular unit were not permitted to attend Muslim services. His injunctive claim is moot because he has been released. However, he may be entitled to damages, and even nominal damages would support an award …
PLN Loses Final Round in FDOC Writer Pay Ban / Censorship Suit by The Eleventh Circuit Court of Appeals has upheld a Florida district court’s grant of judgment to the Florida Department of Corrections (FDOC) in a lawsuit filed by PLN challenging the FDOC’s writer pay ban and policy of …
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