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Article • August 15, 2008
Prison System Commissioner Not Liable For Out of State Transfer by The plaintiff was assaulted by an employee and later by other prisoners in a Texas jail to which he was transferred because of overcrowding in Colorado. The plaintiff's allegation against the Director of the Colorado prison system, that he …
Article • August 15, 2008
Failure to State Claim Dismissal Reviewed De Novo by The plaintiff's claim that he was denied due process by lack of notice is rejected; exactly why is not stated. Violation of prison rules concerning disciplinary hearings does not deny due process. The record showed some evidence to support the charge. …
Article • August 15, 2008
Class Representative’s Settlement Requires Court Scrutiny by At 298-99: Because of the representative nature of class suits and the numerous and sometimes divergent interests that are at stake, the court is charged with protecting the class members who, through their absence, are unable to protect themselves.... In order to carry …
Article • August 15, 2008
Dismissal of Doe Defendants Required if Named Defendants Dismissed by The plaintiff sued, invoking 1983, the Moroccan Treaty of 1787, the Free Moorish-American Zodiac Constitution, etc. At 424: "In cases that allow for Doe defendants, other identified defendants have been able to represent the unknown individual defendants' interests." Allowing claims …
Article • August 15, 2008
Grabbing Prisoner’s Buttocks Not Sexual Assault by Several civilian maintenance workers grabbed the plaintiff's buttocks briefly. This conduct did not violate the Eighth Amendment because there is no evidence that the plaintiff suffered anything more than a brief unwanted touch. The plaintiff submits no evidence except his own characterization to …
Protective Custody Injunction Available Remedy Absent Injury by The plaintiff alleged that he was in danger from a gang he had left and that, although he is currently in protective custody, he had been repeatedly placed in general population. He sought damages and an injunction against transfer to general population. …
Article • August 15, 2008
No Federal Claim for Failing to Warn Prisoner of Tobacco Risks by The plaintiff, a South Carolina prisoner, filed suit in the District of Columbia district court against the Surgeon General of the United States, the president of the AMA, and the heads of two tobacco companies for failure to …
Article • August 15, 2008
Clemency Challenge Must be Under Habeas by The plaintiff, scheduled for execution, complained that the Governor who passed on his clemency application was the Attorney General at the time of prior proceedings in his case. Since his underlying claim in the clemency application concerned error at trial, the relief he …
Article • August 15, 2008
NY Good Time Deprivation Challenge Must be Under Habeas by The Time Allowance Committee deprived the plaintiff of good time on two occasions, one involving several prior disciplinary convictions and the other involving a single conviction. The plaintiff may not challenge this deprivation via 1983; it must be pursued via …
Article • August 15, 2008
Plaintiff Barred “For Life” from Filing Lawsuits Without Court Permission by The plaintiff has filed 34 federal civil lawsuits, 17 of which have been dismissed as frivolous; two are proceeding to trial; others have been dismissed for failure to prosecute or to comply with court orders. This lawsuit largely repeats …
Court Orders Discovery of D.C. Cop’s Personnel Files by At 355: "... [A]ny claim that a party's potential witnesses and exhibits are not fit subjects for discovery is fatuous." The existence of a pre-trial order procedure does not retroactively make those subjects unfit for discovery. The court directs production of …
No Due Process Required for Nutraloaf or Plexiglas Cell Placement by Placement of the plaintiff in a cell with a Plexiglas shield and imposition of a restricted diet ("Nutriloaf") as a sanction for repeatedly throwing feces at staff did not violate the Eighth Amendment. The claim is governed by the …
Challenge to Nebraska Work Release Fees Dismissed by The plaintiff was placed on work release; he was required to sign a statement acknowledging that room and board would be deducted from his inmate account, and $2,790 was removed from his account. Due process was not denied. The program was voluntary, …
Article • August 15, 2008
Drilling Teeth Without Anesthesia and Denial of Lower Bunk Upheld by The plaintiff alleged that the defendant forced him to take an upper bunk despite his visual impairment and made him stay there after he got a medical direction to take a bottom bunk; a month and a half later …
Article • August 15, 2008
Miami Cops Beat, Drag Six Year Old Child by In this police misconduct case, the cops say that they saw the plaintiff breaking windows, pursued him and said "freeze police," and the plaintiff fell down; he then resisted when they picked him up. The plaintiff says he was thrown down …
Article • August 15, 2008
Alabama Prisoner Wins $100 in Excessive Force Suit by On January 1, 2001 Herbert Ivory was an Alabama state prisoner. He was talking with a female guard when 2 sergeants, Michael Hazeley and Darryl Falls, attacked him for no reason. He was seen by a health care person and treated …
Article • August 15, 2008
Applications for North Carolina County Positions Not Subject to Public Records Act by The North Carolina Supreme Court has held that applications for positions with counties are not subject to inspection and disclosure under the State’s Public Records Act. This action came after a Yadkin County Superior Court ordered the …
Article • August 15, 2008
Arizona Prisoner Wins $10,000 for Sexual Battery by Nurse by Leanna Johnson, a Pima County, Arizona prisoner, was subjected to a less than professional pelvic exam by a male nurse at the Pima County, Arizona jail. She sued in state court where the jury awarded her $10,000 in 2001. See: …
Article • August 15, 2008
Filed under: Medical, Dental Care
Arizona Prisoner Wins $100,000 for Neglected Dental Needs by Danny Thompson, an Arizona state prisoner, had to pull 5 of his own teeth because Department of Corrections (DOC) dentists wouldn't treat him. He sued in state court where the jury, in 1993, awarded him $100,000 to be split between 3 …
Article • August 15, 2008
Alaska Cops' Personnel Files not Confidential by James Jennings, a former Alaska state prisoner, sued police in state court under state law and 42 U.S.C. §§ 1983 and 1988 for damages, claiming excessive force, false imprisonment and unconstitutional application of force. The trial court ordered the city of Anchorage to …
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