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Chicago Jail Not Liable for Suicide Despite Cell Design by The decedent hanged himself in a police lockup. All the relevant procedures (thorough screening, training of personnel, checking of cells every 15 minutes, removal of obviously dangerous object) were followed. The existence of horizontal bars (from one of which the …
Multiple Sclerosis Not Covered by ADA by The multiple sclerosis of the plaintiff, a former corrections investigator, was not a disability under the Americans with Disabilities Act, since it precluded him only from performing his own job and not a broad class of jobs, and the defendants were therefore not …
Article • May 15, 2008
Court Holds 11th Amendment Doesn't Bar Consent Decree Enforcement by The defendant state officials argued that under the Eleventh Amendment, a consent decree enforcing statutory rights could not be enforced to the extent that decree provisions went beyond the requirements of federal law. Judge Justice doesn't buy it. Lelsz v. …
First Amendment Protects Sex Discrimination Complaint Against State Police by The plaintiff, who runs an automobile towing company, said that a Highway Patrol official retaliated against her by removing her from the Patrol's towing referral list because she had filed a sex discrimination complaint with a state agency. At 770-71: …
No Liability for Shooting Suicidal, Armed Jail Prisoner by The plaintiff was arrested and tried to kill himself. He was handcuffed to a wall on the police station booking area for observation, and set fire to his clothing while so restrained. He expressed more suicidal thoughts at the hospital where …
Article • May 15, 2008
Third Circuit Has Appellate Jurisdiction Over Unexhausted Claims by The plain language of the exhaustion requirement ("No action shall be brought") shows that Congress did not intend that it be applied to cases already pending on the date of the PLRA's enactment However, the plaintiff was required to exhaust under …
Article • May 15, 2008
Court Dismissed Suit Over Reversed Disciplinary Charges by The plaintiff says that the defendants were responsible for issuing disciplinary reports against him that were overturned. At 1351: "Defendants correctly concede that such a claim may be cognizable under 1983 if the Reports resulted in the lengthening of Plaintiff's term of …
Alabama Female Guards Title VII Suit over Masturbating Prisoners Dismissed by Female prison guards employed in a male prison sued under Title VII, alleging that they had been subjected to a hostile work environment as a result of the "egregious acts" of the prisoners, condoned by the plaintiffs' superiors. (One …
Article • May 15, 2008
Heck Bars Suit Over Improper Parole Records by The plaintiff complained that various agencies failed to amend an incorrect statement in his pre-sentence report, which was in his prison records, and which resulted in his being denied parole. He asked inter alia for an "immediate parole board interview." The court …
Article • May 15, 2008
Seventh Circuit Discusses Heck and Court Access Claims by The plaintiff sought damages for defendants' hindrance of his efforts to litigate a state court collateral attack on his conviction. The rule of Heck v. Humphrey, "which forbids a convicted person to seek damages on any theory that implies that his …
Class Certified in Hispanic Racial Profiling Suit by Standing is assessed with respect to the class as a whole after class certification but with respect to the named plaintiffs before certification. Evidence of a pattern or practice of police conduct that does not depend on the plaintiff's own behavior can …
Fired California Guard’s Termination Suit Reinstated by Fired California Guard's Termination Suit Reinstated The plaintiff jailer was terminated for excessive force and mistreatment of women and minority prisoners without being allowed to see the documents on which the decision was based. He was reinstated by a state court with back …
No Restriction on Moving Wisconsin Prisoners to Private Out of State Prisons by The plaintiff sought an injunction against his transfer to a private prison in Texas or Tennessee. His commitment to the "Wisconsin State Prisons" as opposed to the "Wisconsin Department of Corrections" does not mean he has a …
Federal Prisons Not Subject to ADA by The hearing-impaired plaintiff complained of his treatment in a Wackenhut facility while awaiting deportation. Since he has now been deported, his claim about conditions is moot, and the court lacks jurisdiction to overturn his deportation even though he says he elected not to …
Article • May 15, 2008
Fifth Circuit Discusses Appellate Review of 28 U.S.C. § 1915 Dismissals by Dismissals under 28 U.S.C. § 1915(e)(2)(B)(1) are governed by abuse of discretion standard At 940: "In determining whether a district court abused its discretion, we consider factors such as 'whether (1) the plaintiff is proceeding pro se, (2) …
Article • May 15, 2008
Filed under: Civil Procedure, Damages
Subjective Knowledge Required for Punitive Damages by Under the Supreme Court's Kolstad decision, there must be proof of evil motive or reckless or callous indifference, meaning subjective knowledge that the defendant may be acting in violation of federal law. As a result, prior law holding that in civil rights cases …
Article • May 15, 2008
Father May Sue for Mentally Ill Son’s Jail Assault by Father May Sue for Mentally Ill Son's Jail Assault The plaintiff brought suit as "next friend" of his son, who was assaulted in jail and who he alleged was mentally incompetent. The defendants objected to his doing so because no …
Concealment of Medical Experiments Tolls Statute of Limitations by The plaintiffs sued over medical experiments ("boron neutron capture therapy") performed on their terminally ill relatives in the 1950s and then covered up. The right of access to courts is violated when government officials wrongfully and intentionally conceal information crucial to …
Article • May 15, 2008
No Cause of Action Under International Law for Medical Experiments by Plaintiffs complaining about being subjected to medical experiments in a mental hospital "have not established a cause of action for civil responsibility for crimes against humanity." (42) Although international law "is an inseparable part of American jurisprudence and as …
Article • May 15, 2008
Maryland Prison Officials Get Qualified Immunity for Prisoner “Retake” Orders by Maryland Prison Officials Get Qualified Immunity for Prisoner "Retake" Orders Based on a state appellate decision concerning sentence credit, prison officials decided they had released some prisoners incorrectly, so they had them arrested and reincarcerated through "retake orders." The …
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