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Page 1902 of 3599. « Previous | 1 2 3 4 ... 1898 1899 1900 1901 1902 1903 1904 1905 1906 ... 3595 3596 3597 3598 3599 | Next »

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 …
Fifth Circuit Misstates Retaliation Standard by Prisoners claiming retaliation must allege "(1) a specific constitutional right, (2) the defendant's intent to retaliate against the prisoner for his or her exercise of that right, (3) a retaliatory adverse act, and (4) causation." The plaintiff alleged retaliation for his filing of grievances …
Article • August 15, 2008
Disabled Washington Jail Guard’s Suit Dismissed by The plaintiff correction officers were permanently disabled and could not occupy positions requiring inmate contact. They were not qualified individuals with a disability, since no accommodation would allow them to have direct inmate contact, an essential function of their position. Incidental inmate contact …
Article • August 15, 2008
State Consent Decree Valid Despite Governor’s Objection by The state submitted a consent decree to plaintiffs and agreed to several changes; the day before it was to be presented to court, the Assistant AG repudiated it at the direction of the Office of the Governor, which had just learned of …
Article • August 15, 2008
Failure to Protect Suit Dismissed by The plaintiff had a separation order from another prisoner whose brother he had killed. He was assaulted by that prisoner, who was permitted to be in the same population only because of error. There was no showing that the defendants actually knew about the …
Article • August 15, 2008
Injunction Over Towing, Sale of Cars Without Notice to Owners Reversed by The district court found that municipal practices of towing and selling automobiles without notice to their owners denied due process. During the litigation, the defendants changed their regulations. The district court said they "did not go far enough" …
Fired Whistleblowing Rec Staff Allowed to Amend Complaint by The plaintiff, a prison "recreation specialist," alleged that he was fired because of his complaints of lack of safety in the workplace. The court first says that his complaints about lack of personal security amount to no more than negligence, even …
Article • August 15, 2008
Ninth Circuit Discusses Anonymous Party Requirements by At 1068: "... [A] party may preserve his or her anonymity in judicial proceedings in special circumstances when the party's need for anonymity outweighs prejudice to the opposing party and the public's interest in knowing the party's identity." Where fear of retaliation is …
Immigration Detainee Loses Failure to Protect Suit by The plaintiff immigration detainee was attacked by another prisoner and was warned not to retaliate against him. He was involved in a second altercation the next day in which the other prisoner "got cut"; the plaintiff was later criminally convicted for the …
Police Chief Subject to Discovery in Killing by Cop by The court cites law acknowledging the "need for controlling the use of subpoenas against high government officials," which usually requires a showing of "compelling need and extraordinary circumstances." The court questions whether a police chief is a "high government official," …
No Right to “Blue Wall of Silence” for Disciplined Cop by The plaintiff police officer alleged that after he had cooperated in an internal affairs investigation, he was overly zealously investigated when he was discovered in a car drunk. His equal protection claim is rejected. At 104: Put bluntly, Diesel …
Prison Beating Claim Subject to Exhaustion by Use of force claims are prison conditions claims for purposes of exhaustion. At 1365: The court treats exhaustion as jurisdictional, interpreting a line in Alexander v. Hawk for more than it probably is worth and ignoring all contrary case law. A statement from …
Article • August 15, 2008
BOP Policy Denying Hormone Therapy to Transsexual Challenged by The Bureau of Prisons' policy requiring documentation of pre-incarceration hormone therapy before the BOP will provide hormone therapy in prison is upheld. There is a disputed factual question whether the plaintiff is similarly situated for equal protection analysis with persons who …
Article • August 15, 2008
Exclusion of Prisoners from Virginia FOIA Upheld by The plaintiff sued the county court clerk for refusing to make a recording of a 911 call available for copying and inspection, and challenged the exclusion of prisoners from the Virginia Freedom of Information Act. The Burford abstention doctrine does not require …
Okay for Prosecutor to Ask Defendant’s Daughter to Elicit Confession by The assistant district attorney arranged for a criminal defendant's daughter to visit his cell in the absence of his counsel and urge him to confess. The ADA could reasonably have believed that his conduct was not illegal, since prior …
Article • August 15, 2008
Filed under: Classification
Federal Work Release Statute Creates No Liberty Interest by A federal statute, 18 U.S.C. 3624, providing that prisoners will "to the extent practicable" receive some reasonable period of halfway house or home confinement before expiration of their sentences, does not create a liberty interest. The statute is not "explicitly mandatory" …
Article • August 15, 2008
Courts Can Approve Settlement Orders Sealing Case Files by When a district court "so orders" a settlement that provides the case file will be sealed, it is obliged to seal the case file, and cannot require a further showing of good cause. While the court has great discretion in granting …
Article • August 15, 2008
New Jersey DNA Act Constitutional by The New Jersey Supreme Court has held that the New Jersey DNA Database and Databank Act of 1994 is constitutional under the state and federal constitutions. It also noted that a blood sample or cheek swab constitutes a search. The Court found the main …
Article • August 15, 2008
New Mexico AG Comments on Disclosability of Prisoners' Penitentiary Files by Howell Gage, Superintendent of the New Mexico State Penitentiary, asked the state Attorney General (AG) to opine as to the disclosability of prisoners' records at the penitentiary. In his opinion, the AG considered authorities from other jurisdictions because New …
Article • August 15, 2008
New York Prisoner’s Prior Convictions for Sex Offenses Sufficient for Level 3 Classification by In anticipation of the release from prison of Dale Mabb, a New York sex offender, the state Board of Examiners of Sex Offenders, based on Mabb’s prior attempted rape conviction, convinced a trial court to assess …
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