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Article • May 15, 2008
Second Circuit Discusses Consent Decrees by The court recites boilerplate about consent judgments: they are judicial orders and contracts, to be read "within [their] four corners"; a court can't replace consent decree terms with its own, even if that would help effectuate the decree's goals; courts' equitable power exists only …
Article • May 15, 2008 • from PLN May, 2008
$56,274 Verdict in Negligent Rhode Island Maintenance Claim by A Rhode Island state jury awarded a prisoner $56,274 for a claim that alleged prison officials failed to properly maintain exercise equipment, which cased the prisoner injury. The action was filed by prisoner James Bernardo, who was imprisoned at Rhode Island?s …
Jail Liable for Labeling Arrestee’s Cell as “HIV Positive Inmate” by Jail Liable for Labeling Arrestee's Cell as "HIV Positive Inmate" The plaintiff was arrested and informed the police he was HIV positive. They put a pink sign on his holding cell door saying HIV POSITIVE INMATE, which was removed …
Article • May 15, 2008 • from PLN May, 2008
$3,175,000 Judgment against Private Health Contractor for Illinois Prisoner’s Stroke by $3,175,000 Judgment against Private Health Contractor for Illinois Prisoner's Stroke On January 26, 2007, an Illinois prisoner who claimed he suffered a stroke due to negligence on the part of Health Professionals, Ltd. a private company that contracts with …
Article • May 15, 2008 • from PLN May, 2008
Michigan Prisoner Beaten By Guards Awarded $6,004 by On November 17, 2006, a Michigan jury awarded state prisoner Robert Brooks $6,004 for a beating he received at the hands of two guards. Brooks, who was serving time in a maximum-security Michigan prison for a 1982 murder, claimed he was attacked …
Article • May 15, 2008 • from PLN May, 2008
South Florida Federal Court Censors Online Plea Agreements by Recently, the South Florida federal court system has been removing plea agreements from its online court docket. While a plea agreement is still reflected on the docket sheet, attempts to open the online record result in a notice that the user …
Article • May 15, 2008
Challenge to Catalog Ban Mooted by Grievance Relief; Mail Watch Okay by The plaintiff was found with letters detailing an escape plan and convicted of disciplinary charges. Prison officials instituted a mail watch. This action was fully justified by security concerns. Failure to follow defendants' internal directive did not violate …
Article • May 15, 2008
Voluntarily Ceasing Challenged Activity Doesn't Moot Case by Voluntary cessation of illegal activity does not moot a case. At 202: A case may nevertheless be moot if the defendant can demonstrate that: "(1) it can be said with assurance that there is no reasonable expectation ... that the alleged violation …
Ventura County Jail Restraint Chair Use Enjoined; Class Certified by The plaintiffs complained of abuse of restraint chairs, e.g., being strapped into them for asking questions and not being let out to go to the bathroom. The plaintiffs had standing to seek an injunction concerning the use of restraint chairs …
Article • May 15, 2008
Prisoner Must Have Notice of Forfeiture; Sanctions Denied for Lying Prison Official by A prisoner alleged that he never received notice of forfeiture which was signed for by a prison official, had the return receipt marked by a prison official, and the notice marked as delivered. Notice of forfeiture must …
Article • May 15, 2008
Okay to Open Mail Sent by Attorney General by The plaintiff alleged that defendants opened a piece of mail from the state Attorney General's office in his absence. He has no standing to raise a court access claim absent a showing of prejudice. However, the court construes his complaint as …
Time Limits in PLRA Modification Motions Applied by A maximum population limit is a prisoner release order However, a request to modify a pre-PLRA order may not be based on the prisoner release provision because the statute says "no court shall enter " (836) The court enjoined the automatic stay …
Article • May 15, 2008
HIV Status Allows Plaintiff to Proceed Anonymously by The plaintiff was arrested, told the police he was HIV positive, and they put a pink sign saying HIV POSITIVE INMATE on his cell door in the police lockup (this in 1997!). The fact that a case involves a medical issue or …
Article • May 15, 2008
District Courts Can Suspend PLRA Injunction Stay Provisions by This appeal from the district court's decision striking down the automatic stay provision is not mooted by the court's having reached the merits of the termination motion, since the problem is one that is capable of repetition yet evading review It …
Article • May 15, 2008
Preliminary Injunctions/TROs Require Posting of Bond by The Federal Rules prohibit TROs and preliminary injunctions without security "in such sum as the court deems proper." Whether to require a bond is in the court's discretion. At 1374: . . . [C]ourts have held that security is not required in the …
Nassau County Jail Counsel Sanctioned for Misconduct by The court blasts the County Attorney of Nassau County for failing to obey discovery orders, failing to appear at a settlement conference, and failing to appear at a second conference. However, it grants the County's motion to vacate the default judgment, since …
Court Upholds Kansas Sex Offender Treatment Protocol by The plaintiff, who pleaded nolo contendere to sexual exploitation of a child, was assigned to a Sexual Abuse Treatment Program, which requires that he sign an "Admission of Responsibility" form, listing all past behavior, charged or uncharged, that might have been a …
Article • May 15, 2008
Public Entities Can Assert Attorney Client Privilege by Public entities (the county Board of Commissioners and Sheriff's office) are entitled to assert the attorney-client privilege. Documents prepared in anticipation of being sued under the Civil Rights of Institutionalized Persons Act are protected by the work product doctrine in subsequent § …
Article • May 15, 2008
District Courts Must Inform Pro Se Litigants of Summary Judgment Requirements by District courts are obliged to notify pro se litigants of the nature and consequences of an opposing party's summary judgment motion. There are exceptions when the moving party has provided the requisite notice or when the pro se …
Article • May 15, 2008
Amended Complaint Can Sue Cops in Individual Capacity by A complaint in a police brutality suit did not specify the capacity in which the defendants were sued. A later amended complaint that specified their individual capacities related back to the time of the original complaint. This may not have been …
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