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Article • August 15, 2008
Venue Proper Where Claim Arose by The plaintiff alleged excessive force by guards and two of the defendants moved to dismiss for improper venue or to transfer. Since one defendant lives in the Northern District of Illinois, venue there is proper. The court transfers the case to the Central District …
Article • August 15, 2008
No Class Certification Required Where Medicaid Rule Struck Down by The court denies class certification as an "unnecessary formality" after striking down a state Medicaid regulation, noting that the defendants had assured the court that they would apply a decision favorable to the named plaintiffs to all persons affected by …
Article • August 15, 2008
Lack of Funding No Defense for Bad Prison Conditions by The defendants were held in contempt in an earlier opinion for massive violations of a consent judgment. The defendants have taken sufficient measures, mainly alleviation of crowding (which the court terms the "bad seed" of many constitutional violations) to the …
Article • August 15, 2008
Filed under: Excessive Force, Restraints
Handcuffing Prisoner for Seven Hours in Cell May be Unconstitutional by The plaintiff was arrested for soliciting a prostitute. He was variously handcuffed behind his back, handcuffed to a hook 12 inches above the floor, and then handcuffed to the front of the cell in a standing position, despite his …
Article • August 15, 2008
Denial of Social Security for Prisoners Upheld by The statutorily mandated denial of social security retirement benefits to a person convicted of a felony and serving life without parole does not violate the Ex Post Facto Clause because it is not "punishment." The court applies Hudson v. United States (1997), …
Sandin Inapplicable to Pretrial Detainees by Procedural Due Process--Disciplinary Proceedings (920): Sandin does not apply to detainees, who are entitled to procedural due process in disciplinary proceedings. Here there was some evidence because staff said the plaintiff had confessed. Procedural Due Process--Administrative Segregation (921): Placement of an escape risk in …
Article • August 15, 2008
BOP Suit Dismissed for Non Exhaustion by A federal prisoner's damage claim is dismissed under Alexander v Hawk He failed to comply with a rule requiring that the BP-9 form be attached to the BP-10 form on appeal, even though given a second opportunity to comply with the rule At …
Article • August 15, 2008
Filed under: Medical, Skeletal Injury
Skeletal Disease Suit Dismissed by The plaintiff complained that he had a painful calcium overgrowth in his wrists for three years and the defendants failed to send him to a specialist or to provide surgery. His condition is a serious medical need. However, defendants' conduct represents a decision to treat …
Article • August 15, 2008
Attorney Fees Denied in NY Police Beating Suit, De Minimis Victory by A jury awarded $540 against each of two defendants in a police beating case. After 118 days (104 days longer than the Federal Rules permit), plaintiff moved for attorneys' fees. The court rejects the claim of excusable neglect. …
Article • August 15, 2008
Exclusion of Prisoners With Immigration Detainees from BOP Drug Treatment Program Upheld by The Bureau of Prisons had authority to promulgate a program statement that denied prisoners with immigration detainers lodged against them the ability to participate in a drug and alcohol treatment program that could result in sentence reduction. …
Article • August 15, 2008
Administrative Exhaustion Required in Suits for Damages by The PLRA exhaustion requirement extends to damage cases even when the administrative remedies don't provide damages The court resorts to the dictionary for definitions both of "available" and of "remedy"; the latter is defined as "to rectify," to "put right," or as …
State Officials Not Liable for Heat Stroke Death of 12 Year Old Boy by State Officials Not Liable for Heat Stroke Deaht of 12 Year Old Boy This is the case of Andrew Lemoine, the 12-year-old boy on antipsychotic medications who died of heat stroke after being made to build …
IDEA is Constitutional by The Individuals with Disabilities Education Act (IDEA) was valid under 5 of the Fourteenth Amendment and therefore Congress successfully abrogated states' Eleventh Amendment immunity. Alternatively, it provides an unambiguous waiver of Eleventh Amendment immunity by clearly conditioning the receipt of federal funds on states' willingness to …
Article • August 15, 2008
Non Payment of Filing Fees Can Justify Ban on New Litigation by A "serial litigator" who hasn't paid his past filing fees because he spends his money as fast as he gets it could be prohibited from bringing additional actions until he pays all the back fees. The court does …
Article • August 15, 2008
NY Child Protection Suit Settled for Expert Evaluation, No Injunction by The court approves the settlement concerning child protection in New York City, which provides for a panel of experts to comprehensively evaluate the operations of the Agency for Children's Services but provides no specific injunctive relief. It bars future …
Article • August 15, 2008
No Extension for Late Discovery Requests, Case Dismissed by The defendants moved for summary judgment in a two-year-old case; the plaintiff asked that the motion be deferred for additional discovery, since he had just recently (four months previously) identified the offending police officer and was prepared to file discovery requests …
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 …
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