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No Contempt for KS Jail Sheriff by A consent judgment in a jail conditions case was entered in 1987; the jail was replaced in 1989; the new jail was found to be operating in violation of the consent decree in 1992. After further proceedings a final judgment was entered creating …
Article • May 15, 2007
Fact Questions Over Exhaustion Preclude Dismissal by The plaintiff said there was no prison grievance procedure; the defendants attached parts of an inmate handbook describing such a procedure (with a 6-day time limit). The plaintiff said that he filed three grievances as prescribed and never received a response. These claims …
Article • May 15, 2007
Deposition of Juvenile Prisoner Rape Victim Postponed Until Release by The mother of a juvenile detainee alleged that an officer had sexually assaulted her son. The deposition of a person confined in prison may be taken only "with leave of court on such terms as are just" under Rule 30(a)(2). …
Article • May 15, 2007
Family Lacks Standing to Sue over Prisoner Murder by The decedent was stabbed to death in prison and family members sued. The family members lack standing to sue in their personal capacities because these facts don't give rise to a claim for interference with familial relationships. At 309: "State action …
Racial Discrimination Claim in IL Civil Commitment Must Be Brought under Habeas by The plaintiffs are present and former civil detainees in the Sexually Violent Persons Units of the prison system who alleged that commitment to that program reflected racial bias against African-American offenders who committed crimes against white victims. …
Article • May 15, 2007
School Case Mooted During Appeal by The court recites the "capable of repetition, yet evading review" doctrine and finds mootness. When a case becomes moot on appeal, the court considers the equities of the case in determining whether the decision below should be vacated. A party who sought review should …
Article • May 15, 2007
Ten-Day Limit to Appeal Denial of Class Certification by Plaintiffs' discretionary appeal of denial of class certification under Rule 23(f), amended 1998, is governed by a ten-day time limit which (a) is tolled during the pendency of a motion for reconsideration, and (b) means ten days exclusive of weekends and …
Article • May 15, 2007
Protective Orders Must Be Narrow, Judicial Proceedings Inherently Public by At 247: Because the public "has an interest in what goes on at all stages of a judicial proceeding," . . . including the pre-trial discovery stage, . . . the judge, as "the primary representative of the public interest …
Article • May 15, 2007
Evidence Disclosed to Experts is Discoverable by The 1993 amendments to Rule 26(a)(2)(B) concerning disclosure of material presented to an expert does not exempt "core" work product or limit disclosure to factual material as opposed to mental impressions or opinions of counsel. If the expert sees it, it's discoverable. Accord, …
Article • May 15, 2007
Federal Injunctions Against State Agencies Must be Narrow by At 1092: "Due to concerns of comity and federalism, the scope of federal injunctive relief against an agency of state government must always be narrowly tailored to enforce federal constitutional and statutory law only." (Citation omitted) Anything more is an abuse …
Article • May 15, 2007
No Suit Dismissal for Not Answering Deposition Questions by The plaintiff refused to answer questions at his deposition on the ground that he was being threatened with harm at the prison if he spoke, and he asked the Assistant Attorney General to protect him. His claim was of retaliation for …
Article • May 15, 2007
Filed under: Civil Procedure, Complaints
Pro Se Complaints Broadly Construed by At 461: "Where a party appears pro se, the Courts are required to broadly construe that party's pleadings and interpret them 'to raise the strongest argument they suggest.' Graham v. Henderson, 89 F.3d 75, 79 (2nd Cir. 1996)." Factual allegations in an opposition to …
Article • May 15, 2007
Delay in Appealing Grievance Denial Bars Suit by The plaintiff grieved and had 10 days to appeal. He waited a year. The grievance system has discretion to permit late appeals, but they didn't in this case. The plaintiff is barred for non-exhaustion. At 1023-24: . . . [U]nless the prisoner …
City Not Liable in Police Shooting by After an unconstitutional warrantless entry into a residence in which a man was fatally shot, his family sued alleging a municipal policy. Custom or policy liability must be supported by "[a]ctual or constructive knowledge of such custom . . . attributable to the …
Article • May 15, 2007
Consent Decree Deadlines Extended Due to Attorney Conduct by In litigation by African-American farmers against the Department of Agriculture alleging racial discrimination in lending practices, a consent decree was entered. After class counsel's failure to meet crucial deadlines, the district court interpreted the decree to allow extension of the deadlines …
Default Denied Where Defendant Ignores Complaint by The plaintiff is not entitled to a default judgment against a defendant who has not answered because he has not exhausted. The court does not explain in its two-sentence reference to this issue why the defendant in question hasn't waived exhaustion, and also …
Article • May 15, 2007
Medical Staff Records Subject to Disclosure by The plaintiff alleged that he suffers from a potentially severe psychiatric condition and was subjected to placement in SHU without due process, to deliberate indifference to his medical needs, and to unconstitutional conditions. The plaintiff (who is represented) is entitled to production of …
Article • May 15, 2007
Class Certification Criteria Recited by The court usefully recites class certification boilerplate. At 289-90: The key factor in determining the impracticability of joinder is the size of the class. . . . A plaintiff is not required to prove the identity of each class member or specify the exact number …
Article • May 15, 2007
Court Bars Expert Testimony in Police Brutality Suit by Defendants moved in limine to preclude the testimony of plaintiff's expert concerning a police use of force, on the ground that it was not based upon scientific, technical, or other specialized knowledge. Rule 702, Fed.R.Ev., "makes clear that an individual may …
Article • May 15, 2007
Class Certified Despite Disagreement Among Plaintiffs by Defendants opposed class certification on the ground that some class members supported the program that the named plaintiffs were trying to enjoin. At 233: "Class actions, however, are not forbidden in every case in which class members disagree." The interests of those supporting …
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