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Class of Disabled Children Certified to Avoid Mootness by Children with psychiatric disabilities challenged the failure to place them timely in a Residential Treatment Facility and sought class certification. The court certifies the class. Numerosity is presumed at a level of 40 members, and it is undisputed that the class …
Police Union Allowed to Intervene in U.S. Brutality Suit by The federal government brought suit about excessive force and improper arrests and searches by the city police, and the parties submitted a proposed consent degree. The police union and various community groups (inter alia, the SCLC, the ACLU, and Homeboy …
Article • May 15, 2007
No Prejudice in 45 Uniformed Guards Presence at Murder Trial of Guard by The Florida Supreme Court has held that the presence of forty-five uniformed prison guards at a prisoner's trial for the murder of a guard was not a prejudicial influence on the jury. The Court's ruling came in …
Article • May 15, 2007
Order Limiting Defendant from Contacting Class Members Should be Narrow by The court previously restricted the defendant employer from contacting individual employees in an action brought by the E.E.O.C. It now adopts the Eleventh Circuit's view that orders limiting communications between parties and potential class members "should be based on …
Article • May 15, 2007
Export Report Struck for Failing to Set Basis for Opinion by The court strikes an expert report for, inter alia, failure to set out the basis and reason for opinions; identification of mouse feces based only on defendants' employees visual observations; failure to provide a list of publications, the compensation …
Article • May 15, 2007
Disability Not Required for Disability Discrimination Student Plaintiffs by A student asserting disability discrimination in education need not show a learning disability. At 147: "It was sufficient to demonstrate that [she] was substantially limited in a major life activity of central importance to her daily life. . . . There …
Jail Prisoner's Shooting Suit Estopped by Fruad Conviction from Incident by The plaintiff's claim that he was shot in jail by other prisoners is collaterally estopped by his conviction for fraud arising from the same incident (the government's theory being that he staged his own shooting so he could bring …
Article • May 15, 2007
Non-Profits Denied Right to Intervene in Mental Disability Case by The United States and private plaintiffs sued the state over the treatment of mentally retarded and disabled persons. After relief had been preliminarily approved, an association of nonprofit agencies who provide service to those persons, mostly with government funding, sought …
Article • May 15, 2007
Filed under: Civil Procedure, Venue
Plaintiff Entitled to Choose Venue for Suit by The plaintiff sued some defendants in the Middle District of Louisiana and more defendants in the Western District of Louisiana. The magistrate judge transferred the claims against the Western District defendants to that district. Wrong. Venue is assessed for the entire case; …
Article • May 15, 2007
Filing Fee Refund Period Discussed by The plaintiff voluntarily discontinued his appeal and sought the return of his filing fee. At 79: "We write to clarify that the six month period to which 28 U.S.C. § 1915(b)(1) and Leonard v. Lacy, 88 F.3d 181, 186-88 (2d Cir.1996), refer is the …
Article • May 15, 2007
Second Circuit Explains Interlocutory Class Certification Appeals by At 139: . . . [W]e hold that petitioners seeking leave to appeal [a class certification decision] pursuant to Rule 23(f) must demonstrate either (1) that the certification order will effectively terminate the litigation and there has been a substantial showing that …
Article • May 15, 2007
Private Contractors Bound by State Consent Decree by A consent decree between Medicaid patients and the state is binding as a matter of due process upon HMO's who were agents of the state and contracted with it, where their contracts acknowledged that additional appeal process guidelines might be developed and …
Article • May 15, 2007
D.C. Limitations Tolled for First Incarcertation by The statute of limitations may be tolled when the complainant is imprisoned at the time the right of action accrues, but if the complainant is subsequently released, the statute of limitations begins running immediately and is not again tolled if the plaintiff is …
Article • May 15, 2007
Nashville Jail Crowding Injunction Terminated by A judgment limiting jail overcrowding is terminated based on uncontested testimony from Don Stoughton that conditions meet Eighth Amendment standards. (Yes, the expert opined on the ultimate issue.) The court goes on to say that nobody asked that the prohibition on putting prisoners in …
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 …
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