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Article • May 15, 2008
Colorado law Denying Bail to Criminal Aliens Unconstitutional by A statute requiring that criminal aliens detained for deportation hearings be held without bond denies due process on its face because, substantively, it is a deprivation of liberty and is not narrowly tailored to meet valid legislative goals, and procedurally, denies …
$200,000 Settlement for Negligent Medical Care/ Treatment of Federal Prisoner by The Bureau of Prisons has agreed to pay Beatrice Codianni-Robles, a prisoner at the Federal Correctional Institute in Danbury, Connecticut, $200,000 to settle a federal tort claims suit. After concluding a job on the prison yard on September 12, …
Washington Guard Settles Sex Discrimination Suit for $734,900 by Lenna Bradley, a Washington state Department of Corrections (DOC) guard, sued the state in state court after the DOC did nothing to remedy the sexual harassment she was subjected to by other guards. After she filed suit she was harassed by …
Article • May 15, 2008
Court Dismisses NY Prisoner’s Failure to Protect Suit by Court Dismisses NY Prisoner's Failure to Protect Suit At 544: "Given the extensive amount of discussion already devoted to the question of the PLRA's administrative exhaustion requirement, reinvention of the wheel is unnecessary" The court buys exhaustion when the prisoner seeks …
Administrative Exhaustion Required in Alabama HIV/AIDS Class Action Suit by The plaintiffs sued on behalf of themselves and all present and future HIV-positive prisoners in the state prison system, complaining both of their segregation from the general prison population and their exclusion from most programming, and of inadequate medical care. …
Ninth Circuit Upholds Discipline of Immigration Prisoner; PLRA Does Not Apply by The plaintiff, an immigration detainee, was in the law library when some visitors came in, and he made some disparaging remarks about the institution, handed them a flyer, and suggested they could not believe what officials told them. …
No Qualified Immunity for Jail Guard Who Ignored Suicidal Prisoner Tying Noose Around Neck by The decedent hanged himself after being arrested for irrational behavior under the influence of drugs. His mother, a Ph.D. clinical psychologist, said two months later that he was not suicidal when she spoke with him …
Immunity for Warden in Hiring Decision by The defendant warden was entitled to qualified immunity for departing from the usual hiring practice (i.e., preferring in-house candidates to those from other prisons) in filling a lieutenant's position in order to increase the amount of minority representation in such jobs at the …
County Immune for Holding Federal Detainee Without Court Hearing by The plaintiff, a federal detainee held in a county jail, was detained for 12 days before being taken before a judicial officer. The Feds settled. The County could not be held liable because its actions did not cause the deprivation: …
Warden May Be Liable for Suicide for Lack of Mental Health Staffing by The plaintiff was sentenced to 60 days for possession of Valium in the third degree. After six days in jail he drank cleaning fluid, which was viewed by staff as a suicide attempt despite his claim he …
No Liability for Jail Prisoner’s Suicide by No Liability for Jail Prisoner's Suicide The decedent, diagnosed as schizophrenic, was arrested on outstanding warrants. Jail personnel were notified that he was an escape risk and he was placed in a suicide watch cell. The officer on duty the next day was …
Court Decides Against Defendant's Discovery Abuses in Texas Police Shooting Case by The decedent was discovered naked in an automobile masturbating, and he refused to come out, so of course the police killed him. At 207: "This case is a prime example of a troubling trend in civil rights cases. …
Article • May 15, 2008
Wisconsin Prisoner Loses Claim Over Transfer to Private Prison in Tennessee by The plaintiff, a Wisconsin prisoner housed in a private prison in Tennessee, filed an "irregular document" with no filing fee or IFP application, asserting that by transferring him Wisconsin had relinquished jurisdiction over him, entitling him to release. …
Article • May 15, 2008
Fines for Consent Decree Non-Compliance are Criminal, Require Jury Trial by The district court fined D.C. $5.1 million for noncompliance with a consent decree governing treatment of the mentally retarded, which requires placement in community institutions and payment of vendors within 30 days following submission of acceptable vouchers. The nonpayment …
Canadian Death Row Prisoners' International Law Claims Rejected by The plaintiff, a Canadian sentenced to death in the United States, alleged that he had been subjected to psychological torture in violation of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment because of his nine execution …
Article • May 15, 2008
Puerto Rican Prisoner’s Property Suit Dismissed by Puerto Rican Prisoner?s Property Suit Dismissed The plaintiff sued over lost property He had failed to file an appeal of the adverse ruling on his grievance within the five-day time limit The court buys all the holdings construing "prison conditions" expansively, and does …
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: …
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