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Supreme Court Clarifies Limitations on Removed State Law Claims by The plaintiffs filed federal claims and state claims in federal court; the state claims were dismissed on Eleventh Amendment grounds and then refiled in state court, where they were dismissed on limitations grounds. 28 U.S.C. § 1367(a), the supplemental jurisdiction …
Article • May 15, 2007
Loss of Time a Compensable Damage by Loss of Time a Compensable Damage The plaintiffs complained of a course of mistreatment by the police. At 208: "The concept of actual injury at common law is a broad one, and the Supreme Court has recognized that 'compensatory damages may include not …
Article • May 15, 2007
Having Won Compensatory Damages in State Court, Suit for Punitives Dismissed by The plaintiff, having won his excessive force case in the state Court of Claims and been awarded $3,151.38, cannot pursue an Eighth Amendment claim based on the same incident, even though he wished to pursue punitive damages, which …
Article • May 15, 2007
Court Denies Leave to Add Parties to Medical Suit by The plaintiff is denied leave to add new parties because he was months past the court-set deadline and gave no reason for it. The plaintiff's state law medical negligence claim is barred by the failure to present it to a …
Article • May 15, 2007
Telephone User Has Standing to Sue Over Poor Service by A telephone user complaining of poor service had standing to sue the telephone service provider under 47 U.S.C. §§ 206 and 207 (the Communications Act), which makes violators of the Act liable to parties whom they injure. The substantive violation …
Article • May 15, 2007
Seven Hour Deposition Limit by Defendants moved to depose the plaintiff for 14 hours over two days rather than seven hours in one day as contemplated by amended Rule 30(d)(2), Fed.R.Civ.P. At 24: "However, the better practice is for the deposition to go forward to determine how much is able …
Title VII Requires Class Wide Administrative Change for Certification by Under Title VII's exhaustion requirement (151-52), a class action must be supported by at least one representative charge, timely brought by one of the named plaintiffs, which adequately identifies the collective, class-wide nature of the claimed discrimination. . . . …
ADA Group Home Suit Not Moot by The plaintiffs' claim against a fire department of disability discrimination against a group home was not mooted by its changed interpretation of the fire code, since the interpretation might change back. At 574: "The defendant's burden is a heavy one to ensure the …
Article • May 15, 2007
Cause Shown in Disciplinary Procedural Default by The petitioner sought a writ of habeas corpus based on a disciplinary proceeding in which he lost good time. His state court administrative challenge was submitted timely but was returned because he had failed to include various required documents and had enclosed a …
Article • May 15, 2007
Settlement Requires Trial Over Attorney Fees by The plaintiff sued for civil rights violations related to his arrest and then died. His estate settled the suit, leaving open costs and attorneys' fees. The district court rejected both the defendants' request for an evidentiary hearing and the plaintiff's request for fees. …
Article • May 15, 2007
Defendants Can Amend Answer to Raise Administrative Exhaustion Defense by Defendants are granted leave to amend their answer to assert non-exhaustion as a defense. There was no indication of bad faith; they rely on a change in the law occasioned by Porter v. Nussle. Why they waited two years is …
Article • May 15, 2007
Damage Awards to 22 Minority Cops Upheld by A jury awarded $50,000 to each of 22 black or black-Hispanic police officers transferred on racial grounds to the precinct where Abner Louima was tortured. The court affirms. At 55: It is well-established that courts may award emotional distress damages in section …
Article • May 15, 2007
Administrative Exhaustion Required for Title VII Claims by Title VII claimants must exhaust administrative remedies. At 644: "Where a plaintiff's claims 'exceed the scope of the EEOC charge[s] and any charges that would naturally have arisen from an investigation thereof, they are procedurally barred.'" Here, the EEOC charge alleged only …
Article • May 15, 2007
Exhaustion Defense Not Waived by 22 Month Delay by The plaintiff said he complained to the Inspector General and wrote letters to the Superintendent. He didn't exhaust. Even if his letters were viewed as having commenced the expedited harassment grievance process, he didn't get a favorable decision and didn't appeal. …
Article • May 15, 2007
Jail Insurance Agreements Subject to Discovery by In a jail strip search suit, the court holds that reinsurance agreements between a self-funded insurance pool of counties and its reinsurers are subject to disclosure under Fed.R.Civ.P. 26(a)(1)(D) governing discovery of insurance agreements. See: Tardiff v. Knox County, 224 F.R.D. 522 (D.Me. …
Administrative Exhaustion Tolls Statute of Limitations by The "prescriptive period" (statute of limitations) is tolled pending administrative exhaustion because the prisoner is barred from bringing the action until exhaustion is finished. Once exhaustion is complete, the prisoner is legally capable of going forward and the statute begins again to run. …
BOP Prisoner Granted PI for Release Placement by The plaintiff was informed that contrary to past practice, he could not be considered for pre-release designation to a community correction center for more than 10% of his prison term or six months. He is granted a preliminary injunction. The Department of …
Article • May 15, 2007
Damages for Racial Discrimination Claim Upheld, Explained by The court declines to disturb an award of $12,500 per plaintiff for an episode of racial discrimination for which only nominal and not compensatory damages were awarded. The Supreme Court has acknowledged that its presumptive ratios of punitive to compensatory damages may …
Article • May 15, 2007
Damages Reduced in CT Police Failure to Protect from Police Case by A jury awarded $2,000 compensatory and $200,000 in punitive damages in a case involving a police official's refusal to act on a request for protection from another police officer. The court concludes that some punitive damages are appropriate …
Article • May 15, 2007
First Circuit Dismisses Massachusetts Detainee's Challenge of Government Imposed SAMS by First Circuit Dismisses Massachusetts Detainee's Challenge of Government Imposed SAMS On May 27, 2004, the U.S. Court of Appeals for the First Circuit dismissed as moot an appeal by alleged domestic terrorist Richard Reid challenging a district court's unfavorable …
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