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Denial of AIDS Medication, Food to Texas Jail Prisoner Upheld

Article • August 15, 2008

Filed under: HIV/AIDS, Medication, Food, Federal Statutory Law, Americans with Disabilities Act, Rehabilitation Act, Contractor Liability

Denial of AIDS Medication, Food to Texas Jail Prisoner Upheld by The plaintiff, prescribed AZT and Crixivan, got no Crixivan for five days and then half-doses for the next 15 days. When he saw a doctor after 19 days, his dosage was promptly increased. He was not able to get …

Psychiatrists Who Okay Homicidal Cops Return to Duty Not Entitled to Qualified Immunity

Article • August 15, 2008

Filed under: Police Misconduct, Criminal Prosecution, Qualified Immunity, Supervisory Liability, Police, Excessive Force (Police)

Psychiatrists Who Okay Homicidal Cops Return to Duty Not Entitled to Qualified Immunity by A police officer abused the plaintiff. At the time, he had a remarkable record of bizarre and violent misconduct, including holding several police officers hostage with a shotgun after assaulting his wife (after which he was …

$3 in Damages, $1,920 in Costs Awarded to Stabbed, Disabled Prisoner

Article • August 15, 2008

Filed under: Disabled Prisoners, Crime/Demographics, Conspiracy, Failure to Protect (General), Photocopies, Damages, Costs

$3 in Damages, $1,920 in Costs Awarded to Stabbed, Disabled Prisoner by The plaintiff, a paraplegic, alleged that he was assaulted and stabbed by another prisoner with staff complicity. The jury found that a defendant had conspired to violate the Eighth Amendment and awarded $1.00 nominal, $1.00 compensatory and $1.00 …

Venue Proper Where Claim Arose

Article • August 15, 2008

Filed under: Guard Brutality/Beatings, Civil Procedure, Venue

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 …

No Class Certification Required Where Medicaid Rule Struck Down

Article • August 15, 2008

Filed under: Civil Procedure, Injunctions, Class Certification

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 …

Lack of Funding No Defense for Bad Prison Conditions

Article • August 15, 2008

Filed under: Overcrowding, Eighth Amendment, Civil Procedure, Defenses, Consent Decrees, Sanctions

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 …

Handcuffing Prisoner for Seven Hours in Cell May be Unconstitutional

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 …

Denial of Social Security for Prisoners Upheld

Article • August 15, 2008

Filed under: Sentencing, Ex Post Facto, Social Security

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

Article • August 15, 2008

Filed under: Dental Care, Escapes, Strip Cells, Restraints, Attorney Calls, Mail, Mail Regulations, Ad-Seg Hearings, Access to Media

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 …

BOP Suit Dismissed for Non Exhaustion

Article • August 15, 2008

Filed under: PLRA, Administrative Exhaustion (PLRA)

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 …

Skeletal Disease Suit Dismissed

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 …

Attorney Fees Denied in NY Police Beating Suit, De Minimis Victory

Article • August 15, 2008

Filed under: Attorney Fee Awards, Damages, Limitations, Police, Excessive Force (Police)

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. …

Exclusion of Prisoners With Immigration Detainees from BOP Drug Treatment Program Upheld

Article • August 15, 2008

Filed under: Classification, Good Time, Detainers, Immigration, Drug Treatment/Rehab

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. …

Administrative Exhaustion Required in Suits for Damages

Article • August 15, 2008

Filed under: Administrative Exhaustion (PLRA), Civil Procedure, Damages

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

Article • August 15, 2008

Filed under: Work, Prison Labor, Medication, Medical Records, Boot Camps, Exposure to Heat, Medical Neglect/Malpractice

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

Article • August 15, 2008

Filed under: Education, Rehabilitation Act, Individuals with Disabilities Education Act, Immunity/Liability, Eleventh Amendment Immunity

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 …

Non Payment of Filing Fees Can Justify Ban on New Litigation

Article • August 15, 2008

Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA)

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 …

NY Child Protection Suit Settled for Expert Evaluation, No Injunction

Article • August 15, 2008

Filed under: Settlements, Injunctions, Class Certification, Expert Witnesses, Juveniles

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 …

No Extension for Late Discovery Requests, Case Dismissed

Article • August 15, 2008

Filed under: Civil Procedure, Summary Judgment, Discovery

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

Article • August 15, 2008

Filed under: Guard Misconduct, Criminal Prosecution, Guard Brutality/Beatings, Civil Procedure, Standing, Limitations, RICO, Employee Litigation

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 …