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Court Rejects Disciplinary Habeas on Merits, Despite Time Bar by The plaintiff's habeas challenge to a disciplinary proceeding is time-barred under AEDPA, since the proceeding was concluded in 1997 and the plaintiff missed the one-year grace period provided by the statute. The court finds no authority supporting a requirement that …
Article • August 15, 2008
Losing Brutality Suit in State Court Bars Federal Claim by The plaintiff lost his use of force claim in the state Court of Claims; the court held that the preponderance of evidence showed that the officers followed DOCS routine. That decision precludes the plaintiff from relitigating the use of force …
Article • August 15, 2008
Delaware DOC Not Liable for Rape, Impregnation of Prisoner by Guard by The plaintiff alleged that she was raped by a guard, resulting in pregnancy; the officer was confirmed as 96% likely to be the father. At 420: "... [R]umors and innuendoes of sexual impropriety between inmates and prison guards …
Article • August 15, 2008
Federal Employees Cannot Be Subpoenaed for Private Litigation by The district court did not abuse its discretion in quashing a deposition subpoena for a Fish and Wildlife Service biologist, consistently with the FWS's policy of not letting its biologists testify in private litigation, since they were already overworked and the …
Limited Discovery Allowed in Prisoner Assault Claim to Show Supervisory Liability by At 575-76: ... [T]here is a complex intersection between qualified immunity and supervisory liability. If a plaintiff can establish the requisite indifference in the face of a policy or widespread and pervasive abuses caused by a policy, the …
Article • August 15, 2008
Criminal Conviction Doesn’t Bar Search Warrant Suit by The plaintiff could pursue Fourth Amendment claims arising from his criminal prosecution, notwithstanding the Heck rule and collateral estoppel, since the trial court's ruling that the search was pursuant to a valid warrant was not necessary to the criminal conviction, and hence …
Article • August 15, 2008
Prison Doctor Lacks Standing to Challenge BOP Policy Denying Medical Care by The plaintiff complained of his treatment for a hernia and his prison doctor complained he was fired pursuant to a policy of providing inadequate care and in violation of his First Amendment rights. Prisoners seeking damages must exhaust …
Qualified Immunity for NY Prison Officials Over Stabbing by The plaintiff's decedent was stabbed by another inmate (he survived and died later of unrelated causes). The jury awarded $1.00 against prison officials. The court grants defendants' motion for judgment as a matter of law. There was insufficient evidence to support …
Article • August 15, 2008
No FOIA Disclosure of Marshals’ Names by The names of the marshals who escorted the plaintiff on a particular occasion when he was injured were exempt from disclosure under FOIA because they were part of records compiled for law enforcement purposes, and the plaintiff did not show that the public's …
Article • August 15, 2008
Supreme Court Denies Mandatory Settlement Class Certification by Asbestos companies approached a group of plaintiffs' lawyers to discuss a "global settlement" of their tort liability, resulting in the filing of a mandatory class action that would bind all future claimants with no opt-out provision and thus permanently limit the defendants' …
Class Certified in Conditions Suit at SD Juvenile Prison by Plaintiffs challenged conditions in a juvenile training school, including the use of mechanical restraints, strip searches by opposite sex guards, excessive force, arbitrary lockdown or isolation, lack of disciplinary due process, etc. The court certifies a class of a present …
Article • August 15, 2008
Dispute Over Bringing Suit Doesn’t Bar Class Certification by At 153: It is not unusual in class actions for some class members to believe that an action should not be brought. A dispute within the class over whether an action should be pursued does not preclude class certification, as long …
Article • August 15, 2008
Inadequate Washington State Jury Instruction Regarding Reasonable Doubt Ruled Harmless Error by Washington State prisoner Bruce Bennett, Jr., sought review in 2006 of an appellate affirmation of his escape conviction. He claimed that an inadequate jury instruction led to his conviction. The court ruled the instruction harmless error. Bennett was …
Article • August 15, 2008
Arkansas State Agency Prepared Taxpayer Documents Ordered Disclosed by Arkansas State corporation Ryan & Company AR, Inc. (Ryan) appealed a court ruling exempting the disclosure of specific taxpayer related legal opinions under the state Freedom of Information Act (Act). The ruling was reversed and the redacted disclosure was ordered. Ryan …
Article • August 15, 2008
U.S. Court Of Claims Lacks Jurisdiction Over Eighth Amendment Based Tort by Arizona federal pro se prisoner Jerome Trafny appealed his Eighth Amendment based tort claim dismissal. He alleged that the Federal Bureau of Prison's (BOP) failure to supply medication after eye surgery caused injury. The dismissal was affirmed for …
Article • August 15, 2008
Michigan State Treasurer Seizes 90 Percent Of Prisoner's Suit Proceeds by Michigan State prisoner Raymond Jackson sought leave to appeal an appellate ruling allowing the state treasurer to seize 90 percent of his federal action proceeds under the State Correctional Facility Reimbursement Act (SCFRA). His attorneys appealed the reduction of …
Article • August 15, 2008
Class Action Suits for Damages and Injunctions Discussed by When class plaintiffs seek both equitable relief and money damages, class certification must be done under Rule 23(b)(3), with its individualized notice and opt-out provisions, unless the damages are "incidental" to the equitable relief. (This holding appears to refer to class …
Article • August 15, 2008
Voluntary Dismissals Subject to PLRA by The plaintiff sought voluntary dismissal The court says such a motion doesn't absolve him of the consequences of his actions under the PLRA, and notes his prior pattern of seeking voluntary dismissal (7 of 20 cases), characterizing it as "strategic" and done after court …
Parole Denial for Lack of Sex Offender Treatment Upheld by The plaintiff, a convicted sex offender, was denied parole inter alia because he failed to participate in mental health counseling or sex offender treatment. Later he refused to agree to a program plan which would have remedied those lacks. Then …
Article • August 15, 2008
Some Sexual Harassment of Prisoners Constitutional by The plaintiff alleged several incidents of sexual harassment by a staff member (dry-humping sums it up). All but one of his claims are barred by his failure to file grievances about them. Since the plaintiff requested damages and did not allege an official …
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